⚠ Penalty Exposure — Texas
Per Violation
$500
Willful
$1,500
AG Max/Violation
$5,000
10,000 Calls
$5,000,000
= exposure
Overview
Texas runs a dual-chapter telecom compliance framework. Chapter 302 (Regulation of Telephone Solicitation) requires seller registration with the Secretary of State, a $10,000 bond, and mandatory disclosures. Chapter 304 (Telemarketing Disclosure and Privacy Act) establishes the Texas No-Call List via the PUC, regulates ADADs, and governs caller ID. SB 140 (effective September 1, 2025) expanded both chapters to cover SMS/MMS text messages, created a direct private right of action through the DTPA, and significantly increased litigation exposure. Calling hours are stricter than federal — Sunday calling is prohibited before noon. The Texas AG has been aggressive on robocall enforcement, including a $244M judgment against Rising Eagle Capital Group. With SB 140, Texas now sits among the toughest mini-TCPA states in the country.
Consent Requirements by Channel
| Channel | Consent Required | One-to-One |
|---|---|---|
| Voice Call | Prior Express | — |
| SMS | Prior Express | — |
| AI Voice | Prior Express | — |
| Prerecorded | Prior Express | — |
| Ringless VM | Prior Express | — |
| MMS | Prior Express | — |
| Fax | Prior Express | — |
Key Court Decisions
K&K Inez Properties, LLC, David Kucera, and Valerie Kucera v. Clay Kolle and Lacy Kolle
7/10Texas Supreme Court · May 2026
John P. Boerschig v. Rio Grande Electric Cooperative, Inc.
7/10Texas Supreme Court · May 2026
In Re Richard Gonzales v. the State of Texas
8/10Texas Court of Appeals, 13th District · May 2026
Recent Enforcement Actions
Aaron Michael Jones a/k/a Aaron Shapiro; Sumco Panama SA a/k/a Free Cruise/Vacation Robocalls
Aug 2023 · home services
Multi-state AG settlement (TX joined AR, IN, MI, NC, ND, OH coalition) permanently banning defendants from initiating or facilitating robocalls, working with robocall companies, and engaging in telemarketing. Part of the same coalition that pursued Rising Eagle. Texas AG actively participates in nationwide robocall enforcement task forces — companies operating across state lines face coordinated multi-state enforcement.
Rising Eagle Capital Group LLC (John Caldwell Spiller II & Jakob Mears)
$244,658,640Mar 2023 · insurance
The largest robocall enforcement judgment in Texas history. Rising Eagle made approximately 1 billion spoofed robocalls during the first four months of 2019 pitching short-term health insurance plans. Multi-state AG coalition (TX, AR, IN, MI, MO, NC, ND, OH) secured $244.6M judgment. Defendants permanently banned from robocalling, telemarketing, and working with any company that does either. FCC also proposed a record $225 million fine for the same conduct. Judgment largely suspended due to inability to pay — but the permanent operational bans are the real enforcement outcome.
Dealer Renewal Services
$221,500Nov 2021 · automotive
Default judgment of $221,500 for just 28 calls — $8,000 per call. The consumer sued under both federal TCPA and Texas § 302.101. Each call violated two TCPA sections and one Texas state law section, stacking damages. Defendant failed to appear. This case is the poster child for why Texas is not a state to ignore: the per-call damage calculation makes even small-volume violations ruinously expensive. Auto warranty operations are a persistent enforcement target in Texas.
Key Rules
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See Chief →This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →