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Texas

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 Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in Texas

Real estate investor cold calling and SMS 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.REI Wholesaling companies operating here face $500 per-violation penalties.

Texas REI Wholesaling Overview

Texas post-SB 140 is a fundamentally different landscape for REI cold outreach. The DTPA private right of action means every unauthorized text or call to a Texas consumer is now a potential lawsuit — not just an AG enforcement risk. The consent-based text exemption (EIA settlement) protects legitimate inbound marketing operations, but cold text blasts to purchased lists are now among the riskiest activities in Texas telecom compliance. The practical path for TX REI outreach: (1) Manual live-operator calls to non-DNC numbers during permitted hours (9am-9pm weekdays, noon-9pm Sunday); (2) Inbound lead generation with documented consent before any automated follow-up; (3) Direct mail driving inbound calls; (4) Skip tracing with manual dial only. The per-violation math post-SB 140 — $500 base, $1,500 willful, treble under DTPA, plus attorneys' fees — makes unauthorized automated outreach to TX consumers a losing business proposition.

Penalty/Violation

$500

Willful

$1,500

Calling Hours

9:00 AM–9:00 PM

Stricter than federal

Private Suit

Allowed

Compliance Checklist

✓Determine if Chapter 302 registration is required: if cold calling/texting non-consenting prospects, registration with TX Secretary of State ($200 + $10,000 bond) is required BEFORE making any solicitations,If calling only consenting leads generated through inbound marketing, the consent exemption may apply (EIA v. Texas settlement) — but document all consent carefully,Comply with Texas calling hours: 9:00 AM–9:00 PM weekdays/Saturday, 12:00 noon–9:00 PM Sunday (consumer local time),Scrub against Texas No-Call List ($75/quarter via texasnocall.com) AND federal NDNC before every outbound campaign,60-day grace period after quarterly No-Call List publication — scrub within that window for safe harbor,At start of every call: disclose your identity, the purpose of the call, and that it is a solicitation call (Ch. 304),Manual live-operator calls to non-DNC numbers are the lowest-risk cold calling method in TX,Post-SB 140: marketing text messages to TX consumers are telephone solicitations — same rules apply,Prior consent required for any automated dialing or prerecorded messages — no cold ADAD/robocall campaigns,Do not use purchased lead lists with bundled consent — Fifth Circuit (Cordoba v. DIRECTV) and FCC one-to-one rule invalidate shared consent,EBR exemption (§ 302.056): if you have operated under the same name for 2+ years and are calling former/current customers, certain Ch. 302 requirements may not apply,Appointment-setting calls that do not involve any sales pitch, pricing, or commitment may fall outside Ch. 302 — but this is construed narrowly,Honor opt-out requests immediately,Maintain consent records and DNC scrub documentation for compliance audits,DTPA exposure (post-SB 140): each violation = potential $500 statutory damages, treble for willful, plus attorneys fees

What Gets Companies Sued

✗Top Texas violations for REI wholesalers: (1) Sending automated text blasts (e.g., "We buy houses" SMS campaigns) to TX numbers without prior consent — now a full Ch. 302 violation plus DTPA liability post-SB 140; (2) Cold calling outside permitted hours, especially texting on Sunday mornings before noon; (3) Not registering with the Secretary of State when making non-consensual solicitation calls; (4) Failing to scrub against the Texas No-Call List (separate from federal NDNC); (5) Using purchased lead lists where consent was obtained for a different company — invalid under both Cordoba (5th Cir.) and FCC one-to-one rule.

Special Exemptions

The existing customer exemption (§ 302.056) provides registration relief for sellers operating under the same name for 2+ years calling former/current customers. The appointment-setting carve-out may apply to calls solely designed to schedule in-person meetings with no sales content on the call. Consent-based text marketing is exempt from registration per EIA v. Texas. None of these exemptions override DNC compliance, calling hour restrictions, or DTPA liability for deceptive practices.

Key State Rules

Mini-TCPAYes

RegistrationRequired

Class ActionsAllowed

Consent Requirements→Registration Details→DNC List→

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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 →