Texas Business and Commerce Code 302.059 – Exemption: Persons Who Make Certain Sales Presentations or Make Sales At Established Retail Locations
Terms Used In Texas Business and Commerce Code 302.059
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
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.