Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter R - CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS › Section 25.484 - Electric No-Call List

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  This section implements the Public Utility Regulatory Act (PURA) §39.1025,
				  relating to Limitations on Telephone Solicitation, and the Texas Business &
				  Commerce Code Annotated (Bus. & Comm. Code) §44.103 relating to rules,
				  customer information, and isolated violations of the Texas no-call
				  list.
(b) Application. This section
				  applies to retail electric providers (REPs) as defined in §
										RSA 25.5
				  of this title (relating to Definitions). A REP acting as a telemarketer, as
				  defined by §
										RSA
				  26.37 of this title (relating to Texas
				  No-Call List), is also subject to the provisions of §
										RSA
				  26.37 of this title.
(c) Definitions. The following words and
				  terms, when used in this section shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Consumer good or service--For purposes of this section, consumer good or
				  service has the same meaning as Business & Commerce Code §44.002(3)
				  relating to Definitions.
(2)
				  Electric no-call database--Database administered by the commission or its
				  designee that contains the names, addresses, telephone numbers and dates of
				  registration for all electric no-call registrants. Lists or other information
				  generated from the electric no-call database shall be deemed to be a part of
				  the database for purposes of enforcing this section.
(3) Electric no-call list--List that is
				  published and distributed as required by subsection (f)(2) of this
				  section.
(4) Electric no-call
				  registrant--A person who is either:
(A) An
				  electric customer who registered prior to May 27, 2005, by application and
				  payment of accompanying fee, for the electric no-call list; or
(B) A nonresidential electric customer who
				  registered on or after May 27, 2005, by application and payment of accompanying
				  fee, for the electric no-call list.
(5) Established business relationship--A
				  prior or existing relationship that has not been terminated by either party,
				  and that was formed by voluntary two-way communication between a person and a
				  consumer regardless of whether consideration was exchanged, regarding consumer
				  goods or services offered by the person.
(6) Telemarketing call--An unsolicited
				  telephone call made to:
(A) solicit a sale of
				  a consumer good or service;
(B)
				  solicit an extension of credit for a consumer good or service; or
(C) obtain information that may be used to
				  solicit a sale of a consumer good or service or to extend credit for
				  sale.
(7) Telephone
				  call--A call or other transmission that is made to or received at a telephone
				  number within an exchange in the state of Texas, including but not limited to:
(A) a call made by an automatic dial
				  announcing device (ADAD); or
(B) a
				  transmission to a facsimile recording device.
(8) Telemarkete--A person who makes or causes
				  to be made a telemarketing call that is made to a telephone number in an
				  exchange in the state of Texas.