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.
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