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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

Solar Sales Telemarketing Compliance in Texas

Solar and energy telemarketing 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.Solar Sales companies operating here face $500 per-violation penalties.

Texas Solar Sales Overview

Solar telemarketing in Texas faces the same post-SB 140 reality as every other industry — but with the added enforcement attention that comes from deceptive practices. Texas AG has historically targeted solar operations that misrepresent government incentives or imply utility company affiliations. Post-SB 140, those deceptive practice claims layer on top of DTPA-powered telemarketing claims, creating compound liability. The practical compliance path for TX solar: (1) Register with Secretary of State; (2) Build first-party consent lists through digital marketing; (3) Manual calling for cold outreach to non-DNC numbers; (4) Never misrepresent incentives or utility affiliations; (5) Treat every Texas number as a potential DTPA plaintiff.

Penalty/Violation

$500

Willful

$1,500

Calling Hours

9:00 AM–9:00 PM

Stricter than federal

Private Suit

Allowed

Compliance Checklist

✓Register with TX Secretary of State ($200 + $10,000 bond) if making non-consensual solicitation calls or texts to TX consumers,Post-SB 140: marketing text messages (including solar promotions) are telephone solicitations — full Ch. 302/304 compliance required,Comply with Texas calling hours: 9:00 AM–9:00 PM weekdays/Saturday, 12:00 noon–9:00 PM Sunday,Scrub against Texas No-Call List AND federal NDNC before every campaign,At start of every call: identify yourself, state the purpose, disclose it is a sales call,For ADAD/robocall campaigns: prerecorded messages must include name, address, and toll-free opt-out number (Ch. 304),Never misrepresent government incentives, utility affiliations, or program deadlines — DTPA violation on top of telemarketing violations,AI voice calls must identify as AI (FTC requirement) — failure is deceptive under both FTC rules and Texas DTPA,Do not spoof caller ID — Texas and federal Truth in Caller ID Act violations, plus potential criminal exposure,Consent for automated calls/texts must be specific to your company — purchased lead lists with shared consent are not valid (Cordoba v. DIRECTV, 5th Cir.),Consent-based text marketing exempt from registration (EIA v. Texas) but ONLY if prior documented consent exists,Honor opt-out requests immediately,Record all calls for compliance documentation (recommended 5-year retention)

What Gets Companies Sued

✗Top Texas violations for solar companies: (1) Automated text campaigns to TX consumers without prior consent — the single highest-risk activity post-SB 140; (2) Robocalling with prerecorded pitches about "government solar incentives" or "utility rebates" — deceptive practices compound the telemarketing violations; (3) Spoofing local TX area codes for outbound prospecting; (4) AI voice agents failing to identify as AI; (5) Not registering with Secretary of State when running outbound call campaigns; (6) Calling Texas numbers on Sunday mornings before the noon restriction.

Special Exemptions

No meaningful solar-specific exemptions exist in Texas. The publicly traded corporation exemption (§ 302.053) applies to large public solar companies (e.g., SunPower, Enphase) but not to independent installers or lead generation companies. The existing customer exemption (§ 302.056) covers calls to past installation customers. The appointment-setting exception is commonly invoked by solar companies for calls scheduling home assessments — but any pricing discussion on the call negates the exemption.

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 →