Relating to consumer goods and services covered under the Texas Telemarketing Disclosure and Privacy Act.
Impact
This bill is poised to have significant implications for consumer protection in Texas, particularly in the realm of telemarketing. By broadening the definition of consumer goods and services to include certain warranties, it aims to ensure that consumers are better informed about the products and services marketed to them. The bill’s focus on telemarketing lays the groundwork for enhanced disclosure requirements, potentially leading to greater accountability among telemarketers and ensuring that practices align with consumer rights and privacy considerations.
Summary
House Bill 949 amends the Texas Telemarketing Disclosure and Privacy Act to redefine what constitutes consumer goods and services. The bill specifically clarifies that 'consumer good or service' refers to property or contractual services typically used for personal, family, or household purposes, while explicitly excluding securities as defined under the Securities Act. Additionally, it encompasses the extension of warranties for motor vehicles within its scope. This change is set to take effect on September 1, 2011, thereby impacting telemarketing practices in Texas beyond that date.
Sentiment
The general sentiment surrounding HB 949 is largely supportive, particularly among consumer advocacy groups who view the legislation as a necessary step toward enhancing consumer protections in telemarketing. However, there may be concerns from businesses about the implications of increased regulation, particularly regarding the cost of compliance and the operational adjustments they may need to make in response to the amended definitions and disclosure obligations.
Contention
Notably, one point of contention involves how this redefinition may affect existing practices in telemarketing and consumer engagement. Businesses may express concerns regarding the broad application of the term 'consumer good or service,' which could lead to ambiguity in compliance. Moreover, the question of how telemarketers will need to adjust their approaches to communications with consumers in light of the new warranty provisions on motor vehicles could spark further deliberation among stakeholders.
Relating to the governance and administration of the Texas Indigent Defense Commission and to certain disclosures made in relation to the provision of funding for indigent defense services.
Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; increasing a criminal penalty.
Relating to a restriction on total charges charged for extensions of consumer credit that a credit services organization obtains for a consumer or assists a consumer in obtaining.