Texas Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Texas regulates telephone sales through several overlapping chapters of Title 10 of the Business and Commerce Code and a subchapter of the Utilities Code. Chapter 302 requires most sellers who make telephone solicitations from or into Texas to register with the Texas Secretary of State and post a $10,000 security. Chapter 304, the Texas Telemarketing Disclosure and Privacy Act, creates the Texas no-call list (administered by the Public Utility Commission of Texas (PUC)), regulates facsimile solicitations, and prohibits caller ID blocking and spoofing by telemarketers. Chapter 301 imposes identification and calling-hour rules on consumer telephone calls and limits credit card charges on telephone sales. Chapter 305 restricts certain sales calls to mobile numbers and creates a state cause of action for any communication that violates the federal Telephone Consumer Protection Act (TCPA). Subchapter F of Chapter 55 of the Utilities Code requires a PUC permit for automated dial announcing devices and regulates recorded-message calls.

Enforcement is divided. The Attorney General enforces Chapters 301 and 302 and can sue under Chapter 304; the PUC investigates no-call, fax and caller ID complaints under Chapter 304 and enforces the automated dial announcing device rules; the Secretary of State administers telephone solicitation registration; and state licensing agencies police their own licensees. County and district attorneys investigate complaints under Chapter 305.

The headline difference from federal law is that Texas adds a registration and bonding regime for sellers that has no federal counterpart, and, since September 1, 2025, Senate Bill 140 has made clear that "telephone solicitation" under Chapter 302 includes text messages and that violations of Chapters 304 and 305 (like Chapter 302) are deceptive trade practices enforceable through the private remedies of the Deceptive Trade Practices-Consumer Protection Act (DTPA). Texas plaintiffs routinely pair federal TCPA counts with Chapter 302 registration claims and Chapter 305 claims.

Key statutes and regulations

Detailed provisions

1. Seller registration and bonding (Chapter 302)

Who must register. Section 302.101(a) provides: "A seller may not make a telephone solicitation from a location in this state or to a purchaser located in this state unless the seller holds a registration certificate for the business location from which the telephone solicitation is made." Under § 302.101(b), "A separate registration certificate is required for each business location from which a telephone solicitation is made."

Key definitions. A "seller" is "a person who makes a telephone solicitation on the person's own behalf" (§ 302.001(5)), and a "salesperson" is "a person who is employed or authorized by a seller to make a telephone solicitation" (§ 302.001(4)). As amended by SB 140, § 302.001(7) defines "telephone solicitation" as "a call or other transmission, including a transmission of a text or graphic message or of an image, initiated by a seller or salesperson to induce a person to purchase, rent, claim, or receive an item. The term includes a telephone call a purchaser makes in response to a solicitation sent by mail or made by any other means." New § 302.001(6-a) provides that "'Telephone call' has the meaning assigned by Section 304.002." Section 302.002 adds that "a person makes a telephone solicitation if the person effects or attempts to effect a telephone solicitation, including a solicitation initiated by an automatic dialing machine or a recorded message device."

Filing, fee and security. A seller must file with the Secretary of State a registration statement that "is verified by each principal of the seller" (§ 302.102(a)(3)). "The filing fee for a registration statement is $200." (§ 302.106.) The statement "must be accompanied by security that: (1) is in the amount of $10,000" in the form of a bond, irrevocable letter of credit, or certificate of deposit, and that "is conditioned on the seller's compliance with this chapter" (§ 302.107). A registration "is effective for one year" and may be renewed annually (§ 302.104). Sellers must file quarterly addenda identifying each salesperson who solicited during the preceding quarter (§ 302.105(a)), and must appoint the Secretary of State as agent for service in specified circumstances (§ 302.108).

Required disclosures in the registration. Sections 302.151 to 302.153 require detailed disclosures, including every telephone number the seller will use, officers and owners, prior convictions and judgments for fraud or deceptive practices, bankruptcies, and "a copy of all sales information and literature, including scripts, outlines, instructions, and information regarding the conduct of telephone solicitations" (§ 302.153(a)(2)).

Point-of-sale disclosures. Under § 302.202, "When a telephone solicitation is made and before consummation of any sales transaction, a seller shall provide to each purchaser: (1) the complete street address of the location from which the salesperson is calling the purchaser and, if different, the complete street address of the seller's principal location." Additional disclosures apply to prize offers, oil and gas interests, and below-market price claims. A seller "may not make or authorize the making of a reference to the seller's compliance with this chapter to a purchaser" (§ 302.203).

Exemptions. Chapter 302 has an unusually long list of exemptions, and "a person who claims an exemption from the application of this chapter has the burden of proving the exemption" in a civil case (§ 302.051(a)). "Except as provided by Section 302.060, an exemption from the application of this chapter applies only to a seller." (§ 302.052.) The principal exemptions in § 302.053 cover:

• "a publicly traded corporation registered with the Securities and Exchange Commission or the State Securities Board, or a subsidiary or agent of the corporation" (§ 302.053(2));
• "a person who holds a license issued under the Insurance Code if the solicited transaction is governed by that code" (§ 302.053(3));
• "a supervised financial institution or a parent, a subsidiary, or an affiliate of a supervised financial institution" (§ 302.053(4));
• "a person subject to the control or licensing regulations of the Federal Communications Commission" (§ 302.053(6)).

Other exemptions reach newspaper, periodical and cable subscriptions (§ 302.054), educational institutions and 501(c)(3) nonprofits (§ 302.055), business purchases for resale or manufacturing (§ 302.056), food sales (§ 302.057), and isolated transactions (§ 302.061). The current-customer exemption in § 302.058 applies to "a person who: (A) is soliciting business from a former or current customer; and (B) has operated under the same business name for at least two years." Section 302.059 exempts a caller who "does not intend to complete or obtain provisional acceptance of a sale during the telephone solicitation" and arranges a later face-to-face presentation, and certain established retailers. Section 302.060 exempts a telemarketing vendor that has operated "continuously for at least three years under the same business name" if "at least 75 percent of the person's contracts are performed on behalf of other persons exempt from the application of this chapter."

Penalties and remedies. A knowing violation of §§ 302.101, 302.105, 302.201, 302.202 or 302.203 is a Class A misdemeanor, and "Each violation constitutes a separate offense" (§ 302.251(a)). Knowingly acting as a salesperson for an unregistered seller is also a Class A misdemeanor (§ 302.252). Civilly, "A person who violates this chapter is subject to a civil penalty of not more than $5,000 for each violation." (§ 302.302(a).) Violating an AG injunction carries penalties of up to "$25,000 for each violation of the injunction" and "$50,000 for all violations of the injunction" (§ 302.302(b)). Under § 302.302(d), "The party bringing the action also is entitled to recover all reasonable costs of prosecuting the action, including court costs and investigation costs, deposition expenses, witness fees, and attorney's fees." The statute does not state expressly whether a private plaintiff may recover the § 302.302(a) civil penalty; a federal district court has awarded it on default judgment (see Ortega, below). Section 302.303 provides: "(a) A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17. (b) A public or private right or remedy prescribed by Subchapter E, Chapter 17, may be used to enforce this chapter." Persons injured by a seller's bankruptcy or breach may also recover against the security (§ 302.304). "An attempted waiver of a provision of this chapter is void." (§ 302.004.)

2. Texas no-call list (Chapter 304, Subchapter B; 16 TAC § 26.37)

Existence and scope. Texas maintains its own list, which incorporates the Texas portion of the National Do Not Call Registry. Section 304.051(b) provides: "The Texas no-call list is a combined list consisting of the name and telephone numbers of: (1) each consumer in this state who has requested to be on that list; and (2) each person in the portion of the national do-not-call registry maintained by the United States government that relates to this state." The list "shall be updated and published on January 1, April 1, July 1, and October 1 of each year" (§ 304.051(d)).

Prohibition. "A telemarketer may not make a telemarketing call to a telephone number published on the Texas no-call list more than 60 days after the date the telephone number appears on the current list." (§ 304.052.) A "telemarketing call" is "an unsolicited telephone call made to: (A) solicit a sale of a consumer good or service; (B) solicit an extension of credit for a consumer good or service; or (C) obtain information that may be used to solicit a sale of a consumer good or service or to extend credit for the sale" (§ 304.002(9)). "Telephone call" includes "a call or other transmission, including a transmission of a text or graphic message or of an image, to a mobile telephone number serviced by a provider of commercial mobile service" (§ 304.002(10)(C)).

Duration and consumer fees. "An entry on the Texas no-call list expires on the third anniversary of the date the entry is first published on the list. An entry may be renewed for successive three-year periods." (§ 304.053(a).) The PUC may charge consumers up to $3 for registration but "shall provide a method for placement or renewal of an entry by use of the Internet at no charge" (§ 304.054).

List purchase by telemarketers. The PUC rule requires that "A telemarketer shall purchase each published version of the no-call list" unless its business consists entirely of exempt calls or it calls under a written contract obligating another telemarketer to comply (16 TAC § 26.37(d)(2)). The Secretary of State's source note shows the rule was last amended effective July 2, 2006, and it still cross-references former Business and Commerce Code chapter 44, which was recodified as chapter 304 in 2009. The rule provides that "The no-call list shall be made available to subscribing telemarketers for a set fee not to exceed $75 per list per quarter" (16 TAC § 26.37(f)(2)(B)).

Exemptions. Under § 304.004, Chapter 304 "does not apply to a call made" (1) by a consumer responding to a solicitation or to general media advertising; (2) "in connection with: (A) an established business relationship; or (B) a business relationship that has been terminated," if made before the later of the next list publication containing the number or "the first anniversary of the date of termination"; (3) "between a telemarketer and a business, other than by a facsimile solicitation, unless the business has informed the telemarketer that the business does not wish to receive a telemarketing call from the telemarketer"; (4) "to collect a debt"; or (5) by a state licensee meeting conditions that include that "the call is not made by an automated telephone dialing system." An "established business relationship" is one that "(A) is formed by a voluntary two-way communication between a person and a consumer, regardless of whether consideration is exchanged; (B) pertains to a consumer good or service offered by the person; and (C) has not been terminated by either party" (§ 304.002(4)). Unlike the federal definition, this relationship has no 18-month or three-month time limit.

Isolated-call safe harbor. The PUC must adopt rules providing that a call to a listed number is not a violation if it "(1) is an isolated occurrence; and (2) is made by a person who has in place adequate procedures to comply with this subchapter" (§ 304.058).

3. Calling hours and caller identification at the start of the call (Chapter 301; Utilities Code § 55.125)

Section 301.051(b) provides that "A telephone solicitor may not make a consumer telephone call to a consumer unless: (1) the telephone solicitor, immediately after making contact with the consumer to whom the call is made, identifies: (A) himself or herself by name; (B) the business on whose behalf the telephone solicitor is calling; and (C) the purpose of the call; (2) the telephone solicitor makes the call after 12 noon and before 9 p.m. on a Sunday or after 9 a.m. and before 9 p.m. on a weekday or a Saturday."

These rules apply to a "consumer telephone call," defined as "an unsolicited call made to a residential telephone number by a telephone solicitor" for a sale, credit, or lead-generation purpose (§ 301.001(4)). Section 301.051(a) excludes calls "(1) in response to the express request of the consumer; (2) primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call; or (3) to a consumer with whom the telephone solicitor has a prior or existing business relationship." The statute does not state a time zone or address holidays. The Attorney General may obtain injunctions, restitution, and a civil penalty for a knowing violation "of not more than $10,000 for each violation" (§ 301.103(a)).

Recorded-message calls made with an automated dial announcing device are subject to the same windows. A person may not use such a device "to make a telephone solicitation call terminating in this state in which the device plays a recorded message when the connection is completed if the call is made: (1) before noon or after 9 p.m. on a Sunday; or (2) before 9 a.m. or after 9 p.m. on a weekday or a Saturday" (Tex. Util. Code § 55.125(a)).

4. Automated dial announcing devices and prerecorded messages (Utilities Code §§ 55.121 to 55.138)

Definition, and how it compares with Facebook v. Duguid. Both Chapter 301 and the Utilities Code define an "automated dial announcing device" (ADAD) as "automated equipment used for telephone solicitation or collection that can: (A) store telephone numbers to be called or produce numbers to be called through use of a random or sequential number generator; and (B) convey, alone or in conjunction with other equipment, a prerecorded or synthesized voice message to the number called without the use of a live operator" (Tex. Util. Code § 55.121(1); Tex. Bus. & Com. Code § 301.001(1)). The federal autodialer definition, as construed in Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), requires the capacity to use a random or sequential number generator. The Texas text is framed differently: it reaches equipment that can "store telephone numbers to be called" (without the random or sequential qualifier on its face) but only if the equipment can also deliver a prerecorded or synthesized voice message without a live operator. The Texas term is therefore aimed at robocall equipment rather than at predictive dialers used by live agents. We have not located a Texas appellate decision construing the definition after Duguid.

Permit. "A person may not use an automated dial announcing device without a permit issued by the commission." (§ 55.130(a).) The application lists each device telephone number and the physical address of operation; the permit "is valid for one year" (§ 55.130(c)). The original fee "may not exceed $500" and renewal "may not exceed $100" (§ 55.131). The user must also give each telecommunications utility "written notice specifying the type of device to be used" (§ 55.123), and must notify the PUC by certified mail at least 48 hours before changing a device number or address, failing which "the person's permit is invalid" (§ 55.132).

Operating rules. A person may not use an ADAD "for random number dialing or to dial numbers determined by successively increasing or decreasing integers" for recorded-message calls (§ 55.124). The device must disconnect "not later than five seconds after the call is terminated by either party"; otherwise "a live operator must introduce the call and receive the called person's oral consent before beginning a prerecorded or synthesized voice message" (§ 55.126). The recorded message must state "during the first 30 seconds of the call: (1) the nature of the call; (2) the identity of the person, company, or organization making the call; and (3) the telephone number from which the call is made" (§ 55.127(a)). For solicitation calls, the message must be "shorter than 30 seconds" unless the device can detect an answering machine and "terminate the call within 30 seconds" (§ 55.128).

Exemptions. The subchapter does not apply to emergency and public service calls approved by the county emergency management coordinator, truancy calls by schools, municipal public health and safety calls, or calls "by an organization to a member of the organization" (§ 55.122). It "applies to an automated dial announcing device used to make a telephone call that originates or terminates in this state" (§ 55.1225).

Penalties. The PUC may impose an administrative penalty "not to exceed $1,000 for each day or portion of a day during which the device operates in violation" (§ 55.137(b)), may revoke the permit (§ 55.135), and, if the PUC or a court finds a violation, "shall require a telecommunications utility to disconnect service to the person" (§ 55.136(a)). Knowingly operating a noncompliant device is a Class A misdemeanor (§ 55.138).

5. Calls to mobile numbers and the state TCPA cause of action (Chapter 305)

Mobile-number sales calls. Section 305.001 provides: "A person may not make a telephone call or use an automatic dial announcing device to make a telephone call for the purpose of making a sale if: (1) the person making the call or using the device knows or should have known that the called number is a mobile telephone for which the called person will be charged for that specific call; and (2) the called person has not consented to the making of such a call to the person calling or using the device or to the business enterprise for which the person is calling or using the device." The rule turns on a per-call charge, so its practical reach under modern unlimited plans is narrow. Violations of §§ 305.001 to 305.003 are Class C misdemeanors (§ 305.052).

State cause of action for TCPA violations. Section 305.053(a) provides: "A person who receives a communication that violates 47 U.S.C. Section 227, a regulation adopted under that provision, or Subchapter A may bring an action in this state against the person who originates the communication for: (1) an injunction; (2) damages in the amount provided by this section; or (3) both an injunction and damages." The prevailing plaintiff "is entitled to the greater of: (1) $500 for each violation; or (2) the plaintiff's actual damages" (§ 305.053(b)), and on a finding that the defendant acted "knowingly or intentionally," the court may increase the award "to not more than the greater of: (1) $1,500 for each violation; or (2) three times the plaintiff's actual damages" (§ 305.053(c)). The statute runs against "the person who originates the communication," a narrower formulation than the federal "on behalf of" language in 47 U.S.C. § 227(c)(5).

SB 140 additions. New § 305.054 provides that "A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17," and that "A public or private right or remedy prescribed by Subchapter E, Chapter 17, may be used to enforce this chapter." New § 305.055 provides: "The fact that a claimant has recovered under a private action arising from a violation of this chapter more than once may not limit recovery in a future legal proceeding in any manner."

6. Text messages

Texas now addresses text messages expressly in two places. Chapter 304's definition of "telephone call" includes "a transmission of a text or graphic message or of an image, to a mobile telephone number" (§ 304.002(10)(C)), so marketing texts to numbers on the Texas no-call list are covered, and the PUC must post online notice "explaining the application of the Texas no-call list to a call or other transmission, including a transmission of a text or graphic message or of an image, to a mobile telephone number" (§ 304.063). Since September 1, 2025, Chapter 302's definition of "telephone solicitation" also includes "a transmission of a text or graphic message or of an image" (§ 302.001(7)). SB 140 provides that its changes "apply only to conduct that occurs on or after the effective date of this Act" (SB 140, § 6). A seller that solicits Texas consumers only by text therefore needs to evaluate Chapter 302 registration or an exemption for messages sent on or after that date.

7. Caller ID and spoofing (Chapter 304, Subchapter D)

"In making a telemarketing call, a telemarketer may not block the identity of the telephone number from which the call is made to evade a device designed to identify a telephone caller." (§ 304.151(a).) Under § 304.151(b), a telemarketer also may not "(1) interfere with or circumvent the capability of a caller identification service or device to access or provide to the recipient of the telemarketing call any information regarding the call that the service or device is capable of providing; (2) fail to provide caller identification information in a manner that is accessible by a caller identification service or device, if the telemarketer is capable of providing the information in that manner; or (3) cause misleading information to be transmitted to a recipient's caller identification service or device or to otherwise misrepresent the origin of a telemarketing call." A telemarketer may substitute "the name and telephone number of the person on whose behalf the call is made" (§ 304.151(c)), and using equipment "incapable of transmitting caller identification information does not of itself constitute interference" (§ 304.152). Unlike the federal Truth in Caller ID Act, the Texas rule does not require intent to defraud or cause harm.

8. Fax solicitations

Texas adds content and opt-out rules for fax advertising. A fax solicitation must include, "in at least 12-point type," the sender's complete name and street address and a telephone number either answered by a live person "at all times after 9 a.m. and before 5 p.m. on each day except Saturday and Sunday" or that "automatically and immediately deletes the specified telephone number of the recipient" (§ 304.101). After a do-not-fax request, the sender "shall within 24 hours after receiving the notice send the recipient of the solicitation written acknowledgment of the receipt" and may make no further transmissions to that number (§ 304.102). Section 305.003 separately bars solicitation faxes "after 11 p.m. and before 7 a.m." A private plaintiff may recover the greater of actual loss or "$500 for each violation" of the fax subchapter, trebled for willful or knowing violations (§ 304.258).

9. Written contract, refund and cancellation rules

Section 301.052 limits charges on telephone sales: a person selling through a telephone solicitor "may not make or submit a charge to a consumer's credit card account unless the seller" either (1) offers a full refund for "returning undamaged and unused goods or canceling services by providing notice to the seller not later than the seventh day after the date the consumer receives the goods or services," with the refund processed within 30 days; or (2) "provides to the consumer a written contract fully describing the goods or services being offered, the total price to be charged, the name, address, and business telephone number of the seller, and any terms affecting the sale and receives from the consumer a signed copy of the contract"; or (3) is a qualifying 501(c)(3) organization. A consumer injured by a Chapter 301 violation may recover damages that "may not be less than the amount the consumer paid the person who sold the consumer goods or services through the use of the telephone solicitor, plus reasonable attorney's fees and court costs" (§ 301.104).

Chapter 302 also makes it an offense to request a credit card or checking account number as a condition of receiving an item represented as free (§ 302.253).

10. Private rights of action, damages and limitations

Chapter 304 no-call claims. Section 304.257(a) provides that a consumer on the Texas no-call list "is presumed to be adversely affected by a telemarketer who calls the consumer more than once," and may sue "based on the second or a subsequent violation of Subchapter B if: (1) the consumer has notified the telemarketer of the alleged violation; (2) not later than the 30th day after the date of the call, the consumer files with the commission, the attorney general, or a state agency that licenses the person making the call a verified complaint stating the relevant facts surrounding the violation; and (3) the commission, attorney general, or state agency receiving the complaint does not initiate an administrative action or a civil enforcement action, as appropriate, against the telemarketer named in the complaint before the 121st day after the date the complaint is filed." Damages are discretionary and capped: if the defendant "wilfully or knowingly violated that section, the court may award damages in an amount not to exceed $500 for each violation" (§ 304.257(b)). New § 304.2581 now also makes any Chapter 304 violation a DTPA deceptive act and authorizes DTPA remedies. How courts will reconcile § 304.257's pre-suit conditions with the new DTPA route is unsettled.

DTPA remedies incorporated by reference. Through §§ 302.303, 304.2581 and 305.054, the DTPA's private remedies apply. Under the DTPA, a prevailing consumer may obtain "the amount of economic damages found by the trier of fact," and on a finding of knowing conduct "the trier of fact may award not more than three times the amount of economic damages" (Tex. Bus. & Com. Code § 17.50(b)(1)). "Each consumer who prevails shall be awarded court costs and reasonable and necessary attorneys' fees." (§ 17.50(d).) A DTPA damages suit requires written notice "at least 60 days before filing the suit" (§ 17.505(a)), and DTPA actions "must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred" or was discovered (§ 17.565). The DTPA's definition of "consumer" excludes "a business consumer that has assets of $25 million or more" (§ 17.45(4)).

Prior recoveries. SB 140 added parallel text to §§ 302.003(b) and 304.005(b) and new § 305.055: "The fact that a claimant has recovered under a private action arising from a violation of this chapter more than once may not limit recovery in a future legal proceeding in any manner." This language addresses defense arguments that a plaintiff's prior suits under the chapter should limit recovery.

Class actions. None of these chapters bars class actions by its terms.

Limitations for Chapter 305. Chapter 305 does not contain its own limitations period. We have not confirmed in primary authority which Texas limitations period governs a § 305.053 claim.

11. Government enforcement

• PUC. The PUC "shall receive and investigate complaints concerning violations of Subchapters B, C, and D and may impose an administrative penalty not to exceed $1,000 for each violation" (§ 304.251(a)), and has exclusive jurisdiction over complaints against telecommunications providers (§ 304.251(b)).
• Attorney General. Under § 304.252, the Attorney General may seek a civil penalty "not to exceed $1,000 for each violation," injunctive relief and attorney's fees, and if the violation was willful or knowing "the court may increase the amount of the civil penalty to an amount not to exceed $3,000 for each violation" (§ 304.252(a), (b)). The AG also enforces Chapter 302 (§§ 302.301, 302.302) and Chapter 301 (§§ 301.101 to 301.103), and under the DTPA may seek "not more than $10,000 per violation" (§ 17.47(c)(1)).
• Licensing agencies. An agency that licenses the caller may impose a penalty "not to exceed $1,000 for each violation," order restitution, and "suspend or revoke the state licensee's license" for willful or knowing violations (§ 304.253(b)).
• Local prosecutors. For Chapter 305, "the county or district attorney of the county in which the called person resides shall investigate the complaint and file charges if appropriate" (§ 305.051(a)).

How Texas law differs from federal law

Where Texas is stricter. Registration and bonding is the most significant addition, and private plaintiffs now use it routinely. Texas calling hours start one hour later and Sunday calls cannot begin until noon. Recorded-message calls need a state permit. The Texas established business relationship exception lacks the federal time limits but the Texas caller ID rule lacks the federal intent requirement. The DTPA tie-in adds attorney fee exposure that the federal TCPA does not provide.

Where Texas is looser or narrower. The Texas no-call private action is cumbersome (notice, an administrative complaint within 30 days, and a 120-day waiting period) and capped at $500 for willful violations. The § 305.001 mobile-call rule is limited to calls for which the recipient is charged. Chapter 302's exemptions (publicly traded companies, insurance licensees, financial institutions, and FCC-licensed entities, among others) remove large categories of callers from registration.

Where Texas follows federal law. Section 305.053 piggybacks on the TCPA itself, so the substantive standard for those claims is federal. Federal courts in Texas have declined to award both TCPA and § 305.053 damages for the same violation (see Callier, below).

Notable enforcement and case law

• Hyde v. Kirkendall Dwyer, LLP, No. 3:23-CV-1633-L-BN (N.D. Tex. Sept. 4, 2024) (memorandum opinion and order). The court rejected a magistrate judge's recommendation to dismiss a § 302.101 claim, concluding that the plaintiff's "allegation that DMS did not have a registration certificate as required by § 302.101 is itself a statement of fact such that the court determines no more is required, particularly in the absence of Texas of Fifth Circuit authority to the contrary." The court noted that whether the defendant "qualifies as a 'seller' under the statute is a separate issue." Hyde v. Kirkendall Dwyer (N.D. Tex. 2024) opinion
• Ortega v. Herrera, No. SA-24-CV-00769-XR (W.D. Tex. May 16, 2025) (order on motion for default judgment against Carlos Herrera and FundCube, Inc. d/b/a FundQube). The court took judicial notice that the defendant did not appear in the Secretary of State's telephone solicitation registration database, held that the plaintiff "sufficiently alleges violations of Section 302.101 of the TBCC," and awarded $5,000 per call under § 302.302(a) for ten calls ($50,000) in addition to $500 per call under 47 U.S.C. § 227(c)(5), for a total of $55,000. The court reasoned that there was "no double recovery problem, as Section 302.101(a) of the TBCC and §227(c) of the TCPA penalize different conduct, unlike violations of Section 305.053." It declined to treble the TCPA damages. Ortega v. Herrera (W.D. Tex. 2025) order
• Callier v. American Auto Group LLC, No. 3:25-cv-00231-LS (W.D. Tex. May 29, 2026) (magistrate judge's report and recommendation), adopted (W.D. Tex. June 16, 2026). Addressing two marketing texts sent in May 2025, the magistrate judge described § 305.053 as "coextensive with the TCPA," recommended $500 per text under § 227(c)(5), and recommended no additional § 305.053 damages because courts have found "there is no basis to award" damages per call under both the federal and state provisions. The report recognized that "§ 302.303 expressly authorizes private enforcement of Chapter 302 violations" but recommended no Chapter 302 award because the plaintiff alleged text messages rather than calls. The texts predated SB 140's September 1, 2025 effective date, and the report does not discuss SB 140. The district judge adopted the report on June 16, 2026, granted default judgment in part and awarded $1,000 in damages. Callier v. American Auto Group (W.D. Tex. 2026) report and recommendation

Recent amendments

• SB 140, Acts 2025, 89th Leg., R.S., ch. 964, effective September 1, 2025. Amended § 302.001 to add subdivision (6-a) and to extend "telephone solicitation" to texts and image transmissions; added prior-recovery subsections to §§ 302.003 and 304.005; added § 304.2581 (DTPA tie-in for Chapter 304); and added §§ 305.054 (DTPA tie-in for Chapter 305) and 305.055 (claimant recovery). The changes "apply only to conduct that occurs on or after the effective date of this Act" (SB 140, § 6). The enrolled bill records that it passed the Senate 31 to 0 and the House 136 to 0. Section 302.303, the Chapter 302 DTPA tie-in, predates SB 140 (it dates from the 2007 recodification).
• HB 4171, Acts 2019, 86th Leg., R.S., ch. 491, effective January 1, 2022. Amended the securities cross-references in § 302.053.

Practical compliance checklist

1. Determine whether each calling or texting program needs Chapter 302 registration, and document any exemption relied on (publicly traded status, insurance license, supervised financial institution, current customer under the same name for two years). The caller bears the burden of proving the exemption.
2. If registration is required, register each calling location with the Secretary of State, post the $10,000 security, renew annually, file quarterly salesperson addenda, and keep the registration statement available at each location.
3. Treat marketing texts to Texas consumers sent on or after September 1, 2025 as telephone solicitations for Chapter 302 purposes.
4. Purchase each quarterly Texas no-call list (or confirm a written-contract or all-exempt basis for not doing so) and suppress numbers within 60 days of publication, in addition to scrubbing the national registry every 31 days.
5. Restrict consumer calls to 9 a.m. to 9 p.m. Monday through Saturday and noon to 9 p.m. Sunday, at the consumer's location, which also satisfies the federal 8 a.m. to 9 p.m. window.
6. Script an immediate disclosure of the caller's name, the business, and the purpose of the call, and give the street address of the calling location before any sale is consummated.
7. Before any prerecorded or synthesized-voice campaign into Texas, obtain a PUC ADAD permit, give carrier notice, keep messages under 30 seconds, and state the nature of the call, the caller's identity and the calling number within the first 30 seconds.
8. Transmit accurate caller ID on every call; substitute only the seller's name and number.
9. For card-billed telephone sales, provide the 7-day refund right or obtain a signed written contract.
10. Build vendor contracts that require registration, no-call compliance and indemnity, since courts have imputed telemarketers' solicitations to the sellers on whose behalf they call.

References

• Tex. Bus. & Com. Code ch. 301: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.301.htm (source text retrieved from https://tcss.legis.texas.gov/resources/BC/htm/BC.301.htm)
• Tex. Bus. & Com. Code ch. 302: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.302.htm
• Tex. Bus. & Com. Code ch. 303: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.303.htm
• Tex. Bus. & Com. Code ch. 304: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.304.htm
• Tex. Bus. & Com. Code ch. 305: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.305.htm
• Tex. Bus. & Com. Code ch. 306: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.306.htm
• Tex. Bus. & Com. Code ch. 17 (DTPA): https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm
• Tex. Util. Code ch. 55, subch. F: https://statutes.capitol.texas.gov/Docs/UT/htm/UT.55.htm
• 16 Tex. Admin. Code § 26.37 (PUC posted text): https://www.puc.texas.gov/agency/rulesnlaws/subrules/telecom/26.37/26.37.pdf
• SB 140 (89th Leg., R.S.), enrolled text: https://capitol.texas.gov/tlodocs/89R/billtext/html/SB00140F.htm
• Texas Secretary of State, telephone solicitation registration search: https://direct.sos.state.tx.us/telephone/TelephoneSearch.asp
• Hyde v. Kirkendall Dwyer, LLP (N.D. Tex. 2024): https://www.govinfo.gov/content/pkg/USCOURTS-txnd-3_23-cv-01633/pdf/USCOURTS-txnd-3_23-cv-01633-1.pdf
• Ortega v. Herrera (W.D. Tex. 2025): https://www.govinfo.gov/content/pkg/USCOURTS-txwd-5_24-cv-00769/pdf/USCOURTS-txwd-5_24-cv-00769-0.pdf
• Callier v. American Auto Group LLC (W.D. Tex. 2026): https://www.govinfo.gov/content/pkg/USCOURTS-txwd-3_25-cv-00231/pdf/USCOURTS-txwd-3_25-cv-00231-0.pdf
• Callier v. American Auto Group LLC, order adopting report and recommendation (W.D. Tex. June 16, 2026): https://www.govinfo.gov/content/pkg/USCOURTS-txwd-3_25-cv-00231/pdf/USCOURTS-txwd-3_25-cv-00231-1.pdf
• 47 U.S.C. § 227: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section227&num=0&edition=prelim
• 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 16 C.F.R. Part 310: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.