Terms Used In Texas Business and Commerce Code 605.001

  • 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

In this chapter:
(1) “Consumer” means a person who obtains a product or service that is to be used primarily for personal, business, family, or household purposes.
(2) “Consumer rebate” means an offer to a consumer of cash, credit, or credit toward future purchases that is made in connection with a sale of a good or service to the consumer, is in an amount of $10 or more, and requires the consumer to mail or electronically submit a rebate request after the sale is completed. The term does not include:
(A) any promotion or incentive that is offered by a manufacturer to another company or organization that is not the consumer to help promote or place the product or service;
(B) a rebate that is redeemed at the time of purchase;
(C) any discount, cash, credit, or credit toward a future purchase that is automatically provided to a consumer without the need to submit a request for redemption;
(D) a rebate that is applied to a bill that the consumer becomes obligated to pay after the date the purchase is made;
(E) any refund that may be given to a consumer in accordance with a manufacturer or retailer’s return, guarantee, adjustment, or warranty policies; or
(F) any manufacturer or retailer’s frequent shopper customer reward program.
(3) “Properly completed” means that the consumer submitted the required information and documentation in the manner and by the deadline specified in the rebate offer and otherwise satisfied the terms and conditions of the rebate offer.