Tex. Business & Commerce Code § 302.059
This is the official text of Tex. Business & Commerce Code § 302.059, part of Texas’s Business & Commerce Code — governs commercial transactions and general business practices.
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§ 302.059.
Official statutory text
Sec. 302.059. EXEMPTION: PERSONS WHO MAKE CERTAIN SALES PRESENTATIONS OR MAKE SALES AT ESTABLISHED RETAIL LOCATIONS. This chapter does not apply to:
(1) a person conducting a telephone solicitation who:
(A) does not intend to complete or obtain provisional acceptance of a sale during the telephone solicitation;
(B) does not make a major sales presentation during the telephone solicitation but arranges for a major sales presentation to be made face-to-face at a later meeting between the salesperson and the purchaser; and
(C) does not cause an individual to go to the purchaser to collect payment for the purchase or to deliver an item purchased directly following the telephone solicitation; or
(2) a person who for at least two years, under the same name as that used in connection with the person's telemarketing operations, has operated a retail establishment where consumer goods are displayed and offered for sale continuously, if a majority of the person's business involves buyers obtaining services or products at the retail establishment.
(1) a person conducting a telephone solicitation who:
(A) does not intend to complete or obtain provisional acceptance of a sale during the telephone solicitation;
(B) does not make a major sales presentation during the telephone solicitation but arranges for a major sales presentation to be made face-to-face at a later meeting between the salesperson and the purchaser; and
(C) does not cause an individual to go to the purchaser to collect payment for the purchase or to deliver an item purchased directly following the telephone solicitation; or
(2) a person who for at least two years, under the same name as that used in connection with the person's telemarketing operations, has operated a retail establishment where consumer goods are displayed and offered for sale continuously, if a majority of the person's business involves buyers obtaining services or products at the retail establishment.
Status: in_force · Read it on the official government site
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