What consent is required for Cold Calling in Texas?

Texas has a mini-TCPA (Tex. Bus. & Com. Code Ch. 302 & Ch. 304) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in Texas?

Texas restricts telemarketing calls to 09:00:00–21:00:00 local time.

What is the penalty per violation in Texas?

Up to $500 per violation (or $1,500 for willful violations). Private right of action available.

Is registration required to telemarket in Texas?

Yes — Texas requires telemarketer registration before placing calls.

Home / States / Texas

Texas Telecom Compliance Guide

Telecom Compliance Reference — Updated September 2025

Mini-TCPA State — High Risk

Calling Hours

9:00 AM–9:00 PM

Min Penalty

$500

Registration

Required

Overview Calling Hours Consent Registration DNC Compliance DNC Registry Enforcement Case Law Legislation

Texas Cold Calling Compliance

Voice call compliance rules for outbound telemarketing in Texas

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Mini-TCPA State — Tex. Bus. & Com. Code Ch. 302 & Ch. 304

Texas has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for Cold Calling operations here.

Consent Requirements

Consent LevelPrior Express

Checkbox ConsentValid

StatuteTex. Bus. & Com. Code Ch. 302; Ch. 304; § 301.051

Manual live-operator calls to non-DNC numbers require compliance with calling hours (9am-9pm weekdays/Saturday, noon-9pm Sunday) and disclosure requirements but do not require prior written consent under Texas law. ADAD calls (prerecorded/synthesized voice without live operator) are regulated under Ch. 302 and Ch. 304 — registration required, DNC compliance mandatory, disclosures required. Federal TCPA consent requirements layer on top for calls to cell phones. The EBR exemption (§ 302.056) provides relief for existing customer calls. Texas does not have a Florida-style written consent requirement for all automated calls — but the DTPA private right of action (post-SB 140) makes violations much more costly.

Full consent requirements for all channels →

Calling Rules

Calling Hours9:00 AM – 9:00 PM

Stricter than federal 8AM–9PM

RegistrationRequired

Penalty / Violation$500

Willful Violation$1,500

Private Right of ActionYES

Cold Calling Compliance Checklist

01Verify calling hours in recipient's local timezone

02Scrub against National DNC Registry (every 31 days minimum)

03Scrub against state DNC list if applicable

04Maintain internal opt-out/DNC list

05Identify yourself and your company at start of call

06Provide contact information on request

07Honor opt-out requests immediately

08Ensure consent if using ATDS or prerecorded messages

09Register as telemarketer if state requires

10Document all consent and opt-out records

This checklist covers common requirements. State-specific rules may vary. Confirm with legal counsel for high-volume campaigns.

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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 →