Mini-TCPA in effectLast verified 2026-10-07

Texas TCPA and telemarketing law

Texas has its own telemarketing statute with a private right of action.

At a glance
StatuteTex. Bus. & Com. Code ch. 302; Tex. Bus. & Com. Code ch. 304↗
Consent standardNo state-specific consent standard↗
Stricter than federalNo↗
Private right of actionYes↗
Statutory damagesNot yet verified
Covers text messagesYes↗
Cure periodNot yet verified
The federal layerApplies in every state
Delayed
Revocation must apply across all unrelated matters
An opt-out on one subject applies to all unrelated marketing
2027-01-31↗
In effect
Revocation by any reasonable method; no exclusive means
Honor within 10 business days, by any reasonable method
2025-04-11↗
Vacated
One-to-one consent for lead generators
Struck down by the Eleventh Circuit
2025-01-24↗
What’s different here

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 ↗

Compliance checklistFederal baseline
01Consent language names the calling party, not “our partners”
02Checkbox unchecked by default and unbundled from terms
03Opt-outs accepted by any reasonable method, not STOP only
04Suppression propagates across voice, SMS, and email
More on Texas8 sections
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