Privacy Law Library

Regulation of Electronic Mail

Texas Commercial Email Law

Marketing

Bans falsified routing, deceptive subject lines, and domain spoofing in commercial email, requires 'ADV:' labeling and a working opt-out for unsolicited commercial email, and bars selling opted-out addresses. H.B. 20 (2021) added a rule against email providers impeding messages.

Where
Texas
Citation
Tex. Bus. & Com. Code ch. 321 (321.001-321.114)
Status
In force
In force since
2009-04-01
Last amended
2021-12-02
Enforced by
Texas Attorney General or county prosecuting attorney; injured persons
People can sue
Yes
Penalties
Civil penalty the lesser of $10 per message or $25,000 per day; private actual damages or the same statutory alternative; DTPA violation (321.102-321.106). Federal CAN-SPAM preemption may limit some provisions.
Applies to
  • Senders of commercial electronic mail (321.051-321.053)
  • Electronic mail service providers (321.054)

What a privacy notice must say

  • Unsolicited commercial email must begin the subject line with 'ADV:' (or 'ADV: ADULT ADVERTISEMENT') and give a free working return address for removal requests.Tex. Bus. & Com. Code 321.052(a)

Practices it requires

  • Do not send commercial email with falsified routing information, deceptive subject lines, or another's domain name without consent.Tex. Bus. & Com. Code 321.051(b)
  • Remove addresses within three days of a removal request and do not sell or share them.Tex. Bus. & Com. Code 321.052(b), 321.053

Sources

Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.

Unverified: Whether the ADV: labeling rule survives federal CAN-SPAM preemption (15 U.S.C. 7707(b)) was not analyzed.

Research reference, not legal advice.