CHAPTER 305. TELEPHONIC COMMUNICATIONS MADE FOR PURPOSE OF SOLICITATION - Texas Statutes

BUSINESS AND COMMERCE CODE

TITLE 10. USE OF TELECOMMUNICATIONS

SUBTITLE A. TELEPHONES

CHAPTER 305. TELEPHONIC COMMUNICATIONS MADE FOR

PURPOSE OF SOLICITATION

SUBCHAPTER A. PROHIBITED COMMUNICATIONS MADE FOR

PURPOSE OF SOLICITATION

Sec. 305.001. PROHIBITED TELEPHONE CALLS. A person may not make

a telephone call or use an automatic dial announcing device to

make a telephone call for the purpose of making a sale if:

(1) the person making the call or using the device knows or

should have known that the called number is a mobile telephone

for which the called person will be charged for that specific

call; and

(2) the called person has not consented to the making of such a

call to the person calling or using the device or to the business

enterprise for which the person is calling or using the device.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 305.002. PROHIBITED FACSIMILE TRANSMISSIONS: CHARGE TO

RECIPIENT. A person may not make or cause to be made a

transmission for the purpose of a solicitation or sale to a

facsimile recording device or other telecopier for which the

person receiving the transmission will be charged for the

transmission, unless the person receiving the transmission has,

before the transmission, consented to the making of the

transmission.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 305.003. PROHIBITED FACSIMILE TRANSMISSIONS: HOURS OF

TRANSMISSION. A person may not make or cause to be made a

transmission for the purpose of a solicitation or sale to a

facsimile recording device after 11 p.m. and before 7 a.m.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

SUBCHAPTER B. ENFORCEMENT

Sec. 305.051. INVESTIGATION. (a) On complaint of a called

person that a person has violated Section 305.001, 305.002, or

305.003, the county or district attorney of the county in which

the called person resides shall investigate the complaint and

file charges if appropriate.

(b) A telephone company serving the caller or called person is

not responsible for investigating a complaint or keeping records

relating to this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 305.052. CRIMINAL PENALTY. (a) A person who violates

Section 305.001, 305.002, or 305.003 commits an offense.

(b) An offense under this section is a Class C misdemeanor.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 305.053. CIVIL ACTION. (a) A person who receives a

communication that violates 47 U.S.C. Section 227, a regulation

adopted under that provision, or Subchapter A may bring an action

in this state against the person who originates the communication

for:

(1) an injunction;

(2) damages in the amount provided by this section; or

(3) both an injunction and damages.

(b) A plaintiff who prevails in an action for damages under this

section is entitled to the greater of:

(1) $500 for each violation; or

(2) the plaintiff's actual damages.

(c) If the court finds that the defendant committed the

violation knowingly or intentionally, the court may increase the

amount of the award of damages under Subsection (b) to not more

than the greater of:

(1) $1,500 for each violation; or

(2) three times the plaintiff's actual damages.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.