Texas § 1304.161 PROHIBITED ACTS.

Texas Statutes

§ 1304.161 — PROHIBITED ACTS.

Texas § 1304.161

Code OCOccupations Code

This text of Texas § 1304.161 (PROHIBITED ACTS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Occupations Code Code Ann. § 1304.161 (2026).

Text

Sec. 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 & Co

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Sec. 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.
SUBCHAPTER E. DISCIPLINARY ACTION

Legislative History

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169 ), Sec. 1.17, eff. September 1, 2011.