Insurance Telemarketing Compliance in Texas
Insurance agency telemarketing and lead generation compliance in Texas
Guide last reviewed: September 2025
Mini-TCPA State — Tex. Bus. & Com. Code Ch. 302 & Ch. 304
Texas imposes stricter consent and calling requirements than federal TCPA.Insurance companies operating here face $500 per-violation penalties.
Texas Insurance Overview
Insurance telemarketing in Texas navigates multiple regulatory regimes: Texas Ch. 302/304, federal TCPA, CMS marketing rules (for Medicare/ACA), and the Texas Department of Insurance. The § 302.053(b) exemption provides registration relief for licensed agents selling insurance — but it is narrower than many assume. It does not exempt from calling hours, DNC compliance, ADAD restrictions, or DTPA liability. Rising Eagle proved that health insurance robocalling is the highest-enforcement-risk sector in Texas. Post-SB 140, the DTPA private right of action adds another enforcement vector. Licensed agents with compliant manual calling operations face the lowest risk. Automated outreach requires iron-clad consent documentation and full regulatory compliance across all overlapping regimes.
Penalty/Violation
$500
Willful
$1,500
Calling Hours
9:00 AM–9:00 PM
Stricter than federal
Private Suit
Allowed
Compliance Checklist
What Gets Companies Sued
Special Exemptions
Texas Insurance Code licensees are exempt from Ch. 302 registration when the solicited transaction is governed by the Insurance Code (§ 302.053(b)). This is a scope-limited exemption: it covers licensed agents selling regulated insurance products. The exemption does NOT cover automated calling — ADAD/robocall restrictions apply regardless of insurance license status. Existing policyholders may fall under the existing debt/contract exemption for calls related to active policies (§ 301.051(b)).
Key State Rules
Insurance Enforcement in Texas
Rising Eagle Capital Group LLC (John Caldwell Spiller II & Jakob Mears)
$244,658,640Mar 2023
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.
Rising Eagle Capital Group LLC / JSquared Telecom LLC
$225,000,000Mar 2021
FCC proposed a then-record $225 million fine against Texas-based Rising Eagle for spoofing approximately 1 billion robocalls. This is the parallel federal action to the multi-state AG case. The FCC action targeted caller ID spoofing specifically under the Truth in Caller ID Act. Combined with the $244.6M state AG judgment, Rising Eagle faces nearly $470M in combined federal and state liability — illustrating that Texas-based robocall operations face enforcement from every direction.
Stay Current
Weekly digest: what changed this week
New enforcement actions, statute updates, and rule changes in Texas — delivered once a week.
No spam. Unsubscribe anytime. Powered by Brevo.
Need help getting compliant?
Catalyst Partners specializes in telecom compliance for Insurance companies operating in Texas and across the country. We build the systems, you make the calls.
Book a Compliance Call →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 →