What consent is required for Prerecorded Messages 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 Prerecorded Messages Compliance

Robocall and prerecorded message compliance rules 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 Prerecorded Messages operations here.

Consent Requirements

Consent LevelPrior Express

Checkbox ConsentNot sufficient

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

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.

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

Prerecorded Messages Compliance Checklist

01Prior express written consent required for most prerecorded calls

02Disclose name and phone number of calling company at start

03Provide automated opt-out mechanism during call

04Do not abandon calls — hang-up rate limits apply

05Cannot use prerecorded messages on cell phones without consent

06Apply same calling-hours restrictions as live calls

07Scrub DNC lists before every campaign

08Register as telemarketer if state requires

09Do not transmit inaccurate caller ID

10Document consent for every number you call

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 →