Quick reminder before we roll into a holiday weekend, Texas amendments will go into effect on September 1^st. Before you hit the beach, mountains, or barbecue if you are a “seller” making a “telephone solicitation,” you are going to want to make sure you are in line with the new requirements of Texas.

The definition of “telephone solicitations”   will now explicitly include “text, graphic message or an image”. Do not get caught flat-footed on this detail.

There will be a private right of action allowed under sections 304 (Telemarketing) and 305 (Telephonic Communication made for Purpose of Solicitation). There was already a private right of action under section 302 (Regulation of Telephone Solicitation), and with the new amendment, there is no limitation on how many times a claimant can recover for violations under each of these sections.

Be sure to check out Queenie’s previous blog breaking down SB140, especially the part about $5,000 penalty per violation of the Texas registration requirements!

One more thing to keep in mind, Texas has a very broad definition for ADAD

“Automated dial announcing device” means automated equipment used for telephone solicitation or collection that can:

(A)  store telephone numbers to be called or produce numbers to be called through use of a random or sequential number generator; and

(B)  convey, alone or in conjunction with other equipment, a prerecorded or synthesized voice message to the number called without the use of a live operator.