Notes

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.

ATDS Definition

Texas defines an Automatic Dial Announcing Device (ADAD) as equipment that can store or produce telephone numbers using random or sequential generation and convey a prerecorded or synthesized voice message without a live operator (§ 302.001(1)). This definition tracks closer to the pre-Duguid federal ATDS standard. Texas has not adopted the narrowed post-Duguid definition.

Statute

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

Notes

SB 140 was the game-changer for SMS in Texas. Before September 2025, text messages were arguably outside Ch. 302. Now they are explicitly included. Consent-based text marketing is exempt from registration (per EIA v. Texas settlement), but unsolicited commercial texts are subject to the full Ch. 302/304 regime including DTPA liability. Calling hour restrictions apply to texts — no marketing texts before 9am weekdays or before noon Sunday. The FCC one-to-one consent rule (Jan 2025) compounds risk for purchased lead lists. Consent must be specific to your company for both federal TCPA and Texas DTPA protection.

ATDS Definition

Post-SB 140 (September 2025), text messages are telephone solicitations under Ch. 302. Automated text platforms that store numbers and send messages qualify as ADADs functionally, though the statutory ADAD definition technically references voice messages. The broader "telephone solicitation" definition captures text transmissions independently.

Statute

Tex. Bus. & Com. Code Ch. 302 (as amended by SB 140); Ch. 304

Notes

AI voice is the highest-risk channel in Texas. AI voice agents are ADADs under § 302.001(1) by definition — they deliver synthesized voice messages without live operators. Full Ch. 302 registration and Ch. 304 compliance required. Starting January 2026, TRAIGA adds AI-specific obligations. FTC rules require AI voice to disclose its artificial nature at call start. The DTPA private right of action (post-SB 140) means each unauthorized AI voice call to a Texas consumer is a potential lawsuit with treble damages. Three overlapping regulatory regimes — Ch. 302/304, TRAIGA, and federal TCPA/FTC rules — make AI voice in Texas the most complex compliance environment after Florida.

ATDS Definition

AI voice agents delivering synthesized speech without a live operator fall squarely within the ADAD definition under § 302.001(1) — equipment that conveys a "synthesized voice message" without a live operator. TRAIGA (HB 149, effective Jan 1, 2026) adds AI-specific governance requirements including disclosure obligations for government AI interactions.

Statute

Tex. Bus. & Com. Code § 302.001(1); Ch. 304; HB 149 (TRAIGA)

Notes

Prerecorded messages are the textbook ADAD. Ch. 304 requires: name, address, and toll-free opt-out number in every prerecorded message. Calling hours apply (9am-9pm weekday/Saturday, noon-9pm Sunday). ADAD must disconnect within the time specified by Utilities Code § 55.126 after termination. EBR exemption exists for existing customers (§ 301.051 exemptions for existing debt/contract or prior business relationship). DNC compliance required — calling a no-call listed number with a prerecorded message is a violation under both Ch. 304 and federal TCPA.

ATDS Definition

Prerecorded messages are the core use case of the ADAD definition — § 302.001(1) explicitly references "a prerecorded or synthesized voice message" delivered without a live operator. Any system delivering prerecorded voice messages is an ADAD.

Statute

Tex. Bus. & Com. Code § 302.001(1); Ch. 304; § 301.051

Notes

Treat RVM as requiring prior express consent in Texas. The SB 140 expanded definition of telephone solicitation — "a call or other transmission" — is broad enough to capture RVM. FCC has signaled RVM constitutes a "call" under TCPA. No Texas-specific case law directly addressing RVM, but the safe operating assumption is full compliance with Ch. 302/304 and federal TCPA. The DTPA private right of action makes the risk calculus clear: if a Texas court rules RVM is a "transmission" under SB 140, every unauthorized RVM is a DTPA violation with treble damages.

ATDS Definition

RVM legal status in Texas is not explicitly addressed in Ch. 302 or Ch. 304. However, FCC guidance treats RVM as a "call" under TCPA, and the post-SB 140 expanded definition of "telephone solicitation" (which now includes "a call or other transmission") arguably captures RVM.

Statute

Tex. Bus. & Com. Code Ch. 302 (as amended by SB 140); federal TCPA

Notes

SB 140 explicitly captures MMS by including "graphic message" and "image" transmissions in the definition of telephone solicitation. Same rules as SMS: calling hour restrictions apply, DNC compliance required, DTPA private right of action available. Consent-based MMS marketing is exempt from registration per the EIA v. Texas settlement. MMS campaigns to non-consenting Texas recipients face the same DTPA exposure as SMS campaigns.

ATDS Definition

MMS is explicitly covered by SB 140. The amended definition of "telephone solicitation" includes "a transmission of a text or graphic message or of an image." MMS messages containing images or multimedia content are unambiguously within scope.

Statute

Tex. Bus. & Com. Code Ch. 302 (as amended by SB 140)

Notes

Unsolicited commercial fax advertising is prohibited under both Texas Ch. 304 and federal JFPA. Prior express consent required. EBR exemption available under JFPA for existing business relationships with mandatory opt-out notice on each fax. Texas DNC list compliance also required for fax numbers.

ATDS Definition

Fax transmissions are covered under Ch. 304's definition of "telephone call" which includes transmissions to facsimile recording devices. Federal Junk Fax Prevention Act (JFPA) provides the primary regulatory framework.

Statute

Tex. Bus. & Com. Code Ch. 304; 47 U.S.C. § 227(b)(1)(C)