Texas law provides certain protections for a person who receives a telephone solicitation at a residence.
A telephone solicitor must:
A telephone solicitor may not call a residence before 9 a.m. or after 9 p.m. on a weekday or Saturday or before noon or after 9 p.m. on Sunday.
If a telephone solicitor uses an automatic dialing/announcing device, the machine must disconnect from your line within 30 seconds after termination of the call.
Exceptions
The requirements above do not apply to telephone solicitations made at your request, or solicitations made in connection with an existing debt or contract, or calls from a telephone solicitor with whom you have a prior or existing business relationship.
If you use a credit card to purchase consumer goods or a service from a telephone solicitor other than a public charity (an organization exempt from federal income tax under the Internal Revenue Code, 501 (c) (3)), the seller must:
offer a full refund for the return of undamaged and unused goods within seven days after you receive the goods or service (the seller must process the refund within 30 days after you return the merchandise or cancel your order for undelivered goods or services);
or
provide you with a written contract-fully describing the goods or service being offered, the total price charged, the name, address and business phone of the seller, and any terms and conditions affecting the sale.
Complaints
The Attorney General of Texas investigates complaints relating to a violation of this law, which is found at the Business and Commerce Code, Chapter 37. If you have a complaint about a telephone solicitor whom you believe has violated this law, contact:
Consumer Protections Division
Office of the Attorney General of Texas
P.O. Box 12548
Austin, Texas 78711
(512)-463-2070
Another law found at Public Utility Regulatory Act 55.151 and 55.152, requires a telephone solicitor to make every effort not to call a consumer who asks not to be called again. Complaints relating to a violation of this law are investigated by the Public Utility Commission of Texas. If you have a complaint about repeated solicitation from a telephone solicitor you have asked not to call you again, contact:
Office of Consumer Protection
Public Utility Commission of Texas
P O. Box 13326,
Austin, Texas 78711 -3326
(512)936-7120 or 1 -888-782-8477
Hearing and speech impaired individuals with text telephones (TTY) may contact the commission at (512)936-7136.
Be advised that you may have additional rights under federal law. Please contact the Federal Trade Commission or the Federal Communications Commission for further information on these additional rights.
