CHAPTER 305. TELEPHONIC COMMUNICATIONS MADE FOR PURPOSE OF SOLICITATION
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.