/>iCurrently, Governor Abbott out of Texas has bill SB140 on his desk awaiting his signature — which will drastically broader Texas’ telemarketing statute and has an effective date of September 1, 2025.
SB140 aims to amend the Texas Business & Commerce code by:
- Broadening the definition of “telephone call” and “telephone solicitation” to include texts, image messages, and other transmissions aimed at selling;
- adding clarifying language around a consumer’s ability to recoup damages under the statute multiple times: “[t]he fact that a claimant has recovered under a private action arising from a violation of this chapter more than once may not limit recovery in a future legal proceeding in any manner”; and
- Adding a provision that allows for a private right of action under the Texas Deceptive Trade Practices and Consumer Protection (DTPA) for failing to abide by call time hours, failing to register as a telemarketer or not honoring opt out requests.
Notably, the use of an automatic dialing announcing devise — an ADAD — will also be enforceable under the DTPA, bringing consumers additional private right of action for either economic damages or damages for mental anguish. Yikes.
Texas has costly enforcement penalties — even higher than the TCPA which can range anywhere from $500 up to $5,000 per violation!
Texas’ telemarketing registration requirements are already the subject of significant litigation across the state. If this bill passes, Texas could quickly emerge as a new epicenter for TCPA and state-level telemarketing lawsuits—rivaling the previous infamous FTSA cases we saw out Florida.
Need help determining whether your business should be registered in Texas or navigating the nuances of state telemarketing laws, we are always happy to help.
In the meantime, we’ll continue to keep an eye out on this one for you.
