Section 1304.161 - Prohibited Acts(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. (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 Section 304.002, Business & Commerce Code, with the consumer. Tex. Occ. Code § 1304.161
Amended by Acts 2011, Texas Acts of the 85th Leg. - Regular Session, ch. 1081,Sec. 1.17, eff. 9/1/2011.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. 6/1/2003.