Here’s what we know:

1. Texas law requires telemarketers to register with the state if they “call” into the state per Section 302 of their code. “Call” is not defined.
2. Section 304 of the code–governing different conduct unrelated to registration– defines “telephone call” to exclude “calls” made with consent.
3. The Texas AG recently stipulated to an order saying that the word “call” as used in section 302 adopts the oddly-worded consent exemption of 304 for “telephone call.”
4. The order concludes: “businesses which operate consent-based text message marketing campaigns are specifically exempted from Chapter 302.”

Ruling is here: Weird Stipulated Texas Order

That last sentence is very oddly constructed. There is nothing “specific” about any “exemption” from the entire chapter. But presumably what the order is intending to say is that the registration requirements of Chapter 302 do not apply to businesses making marketing calls with consent.

So that leaves one tiny little question– what is the effect of this order?

Because this was a stipulated conclusion as opposed to a reasoned order it remains to be seen what other courts in Texas will do with it. In essence the ruling just mooted the constitutional challenge raised in the case– it does not definitively articulate the rights of all parties across the state.

Now presumably a defendant sued in a future case could raise the same constitutional challenge and expect a similar outcome… but that’s not guaranteed. And merely pointing to an unreasoned stipulated order as authority won’t be very commanding.

Its all very curious– especially since the reasoning here (graft exemptions from a specially defined term in a different chapter to a different, non-specially defined term, in another chapter) is not the way statutory construction is to be performed. At all. Like… not even a little.

So we will all just need to buckle up and see what happens next.

Is it possible the Texas registration genie is back in the bottle as another law firm recently suggested? Yep.

Is it possible a bunch of businesses actually do need to register and are currently operating under a false sense of confidence and will end up getting hammered still? Yep.