Telephonic Communications Made for Purpose of Solicitation (state TCPA remedy)
Texas Mobile Solicitation Call Law
Marketing · Communications
Bars unconsented sales calls to mobile phones that are charged per call and certain fax practices, and gives Texans a state-court action for violations of the federal Telephone Consumer Protection Act and its rules.
- Where
- Texas
- Citation
- Tex. Bus. & Com. Code ch. 305 (305.001-305.055)
- Status
- In force
- In force since
- 2009-04-01
- Last amended
- 2025-09-01
- Enforced by
- Prosecutors (criminal); private plaintiffs; DTPA public and private remedies
- People can sue
- Yes
- Penalties
- Private recovery of the greater of $500 per violation or actual damages, up to $1,500 or treble damages if knowing or intentional (305.053); criminal offense (305.052); DTPA remedies since 2025 (305.054).
- Applies to
- Persons making sales calls (including by automatic dial announcing device) to mobile numbers charged per call, and fax senders (305.001-305.003)
- Originators of communications violating the federal TCPA, 47 U.S.C. 227 (305.053)
Practices it requires
- Do not make sales calls to a mobile number charged for the call without the called person's consent.Tex. Bus. & Com. Code 305.001
- Comply with 47 U.S.C. 227 and its regulations; violations are actionable in Texas courts.Tex. Bus. & Com. Code 305.053(a)
Sources
- Official text
- Tex. Bus. & Com. Code ch. 305 (Texas Legislature, Texas Constitution and Statutes)
- Tex. Bus. & Com. Code ch. 305, statute text file served by the Texas Legislative Council
- S.B. 140 (89R) enrolled text (Texas Legislature Online)
Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.
Research reference, not legal advice.