Texas TCPA and telemarketing law
Texas has its own telemarketing statute with a private right of action.
| Statute | Tex. Bus. & Com. Code ch. 302; Tex. Bus. & Com. Code ch. 304 | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | No | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | Not yet verified | |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
Texas regulates telephone solicitation through two chapters of the Business and Commerce Code. Chapter 302 requires sellers who make telephone solicitations to register, unless an exemption applies, and since September 1, 2025 its definition expressly reaches text messages, graphic messages and images. Chapter 304, the Texas Telemarketing Disclosure and Privacy Act, bars telemarketing calls to numbers on the Texas no-call list and also covers texts to mobile numbers. Neither chapter sets a consent standard for calls.
A violation of either chapter is a deceptive trade practice, and consumers can use the private remedies of the Deceptive Trade Practices Act. A no-call list consumer can sue only after notifying the telemarketer and filing a verified complaint with the state, and can recover up to $500 per violation only for a willful or knowing violation. The state can seek civil penalties of up to $5,000 per violation of Chapter 302.
Source: Tex. Bus. & Com. Code ch. 302; Tex. Bus. & Com. Code ch. 304 ↗