Privacy Law Library

Regulation of Telephone Solicitation (registration with the Secretary of State)

Texas Telephone Solicitation Act

Marketing

Requires telemarketers that are not exempt to register each calling location with the Texas Secretary of State, post security, and make disclosures. S.B. 140 (2025) extended the law to text and image messages, which, combined with the DTPA private remedy, opened these marketing texts to private suits.

Where

Texas

Citation

Tex. Bus. & Com. Code ch. 302 (302.001-302.304)

Status

In force

In force since

2009-04-01

Last amended

2025-09-01

Enforced by

Texas Attorney General; Texas Secretary of State (registration); consumers under the DTPA

People can sue

Yes

Penalties

Civil penalty up to $5,000 per violation; up to $25,000 per injunction violation (max $50,000); criminal offenses for knowing violations; violations are DTPA violations enforceable by public or private remedies (302.251-302.303).

Applies to

• Sellers making telephone solicitations from Texas or to Texas purchasers, unless exempt (302.101, 302.053-302.061)
• Since Sept. 1, 2025, 'telephone solicitation' includes text, graphic, and image transmissions (302.001(7), as amended by S.B. 140)