Texas Occupations Code 1304.161 – Prohibited Acts
Current as of: 2024 | Check for updates
|
Other versions
(a) A provider, administrator, seller, or other representative of the provider may not, in the provider’s service contracts or literature or in any written communication:
(1) make, permit, or cause to be made any false, deceptive, or misleading statement; or
(2) deliberately omit a material statement if the omission would be considered misleading.
(b) A person, including a bank, a savings and loan association, a lending institution, or the manufacturer or seller of a product, may not require the purchase of a service contract as a condition of a loan or the sale of property.
Terms Used In Texas Occupations Code 1304.161
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A provider, administrator, seller, or other representative of the provider may not make a telemarketing call to a consumer as provided by Sections 304.002 and 304.003, Business & Commerce Code, unless the provider, administrator, seller, or representative has an established business relationship, as defined by § 304.002, Business & Commerce Code, with the consumer.