Privacy Law Library

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

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

Research reference, not legal advice.