The Telephone Consumer Protection Act of 1991 (TCPA) is a federal law designed to protect consumers from unwanted telemarketing and intrusive solicitation practices. Many states have also enacted similar state laws governing telephone solicitations, so called “mini-TCPAs.” One such state is Texas, which has had a mini-TCPA in place since 2009.

The Texas mini-TCPA applies to businesses which engage in telemarketing from Texas or who telemarket to Texas residents. Senate Bill 140 recently passed in Texas, which amends the state’s telemarketing law in several significant ways. In this post, we outline the Texas mini-TCPA’s existing requirements, highlight the changes taking effect soon, and offer guidance for businesses on next steps.

Texas Mini-TCPA Overview

The Texas mini-TCPA statute is found across Chapters 301-305 of the state’s Business and Commerce Code.

Chapter 301 – Sales Call Requirements

Chapter 301 covers several requirements for telephone solicitors making sales calls, including:

• Immediately providing the called party with the business name and an explanation of the call’s purpose;
• Timing restrictions of 9am to 9pm from Monday through Saturday, and between 12pm-9pm on Sundays; and
• If an autodialer is used to make a call, it must disconnect the consumer’s telephone line within 5 seconds after the call ends.

Chapter 301 also includes restrictions for businesses who make or submit a charge to consumers’ credit card accounts.

Texas’ definition of “automated dial announcing devices” (ADADs) is similar to the federal TCPA definition of an autodialer.

Similarly to the federal TCPA, the solicitation requirements do not apply to calls made in response to the consumer’s express request, in connection with an existing debt or contract where payment is incomplete, or where there is an existing business relationship with the consumer.

Chapter 302 – Registration Requirements

One of the most onerous requirements of the Texas mini-TCPA is that businesses soliciting in Texas must file a registration statement before making any solicitation from the state or to anyone in the state. The registration fee is $200 per business location and must be accompanied by a security deposit in the amount of $10,000 to cover payment of any penalties in the case of a violation. There are several ways for businesses to make the security deposit, including via surety bond and a certificate of deposit.

In addition, businesses must file a supplemental addendum to the registration statement every quarter and if there is a material change to the information submitted in a registration statement. Violations of Chapter 302 requirements could lead to up to $5,000 in civil penalties per violation.

Certain entities are exempt from the registration requirement, including educational and nonprofit organizations, companies that market food, and some brick-and-mortar chains. Entities regulated by other laws, such as publicly traded companies registered with the Securities and Exchange Commission, financial institutions, and businesses governed by the Commodity Futures Trading Commission, are also excluded from the registration requirement. The registration requirement also does not apply to solicitation of former or current customers.

Chapter 303 – Law Enforcement-Related Charitable Organizations

Special rules apply to law enforcement-related charitable organizations. These rules, however, do not apply to governmental law enforcement agencies themselves.

Chapter 304 – Do Not Call Rules

Businesses may not make telemarketing calls to telephone numbers published on the state’s no-call list. Consumers on the no-call list who receive more than one telemarketing solicitation are afforded a private right of action.

The chapter also lists requirements for facsimile telemarketing (which is now outdated and becoming largely obsolete) as well as a prohibition on businesses interfering with caller identification. Violations of Chapter 304 could result in civil penalties of up to $1,000 per violation.

Furthermore, under this chapter, businesses may not make telephone calls or use ADADs to make a sales call if the person making the call knows the recipient will be charged and if the called person has not consented to such a call. Chapter 305 violations could result in civil penalties ranging from $500 to $1,500 per violation.

September 2025 Amendments

Texas lawmakers recently passed amendments to the act, which take effect on September 1, 2025. The new amendments make some important changes, such as:

• Inclusion of text messages for registration requirement – The amendments clarify that the term “telephone solicitation” for the purpose of the registration requirement in Chapter 302 includes “a transmission of a text or graphic message or of an image.” The nature of telemarketing has evolved significantly in the past decade, with businesses increasingly relying on text messaging for consumer marketing rather than phone calls. Previously, it was unclear whether businesses engaging in text messaging solicitations to Texas residents would need to register with the Secretary of State. The amendments clarify that such businesses are covered under the registration requirement of Chapter 302.
• Tie-in to Deceptive Trade Practices Act (DTPA) – The amendments also allow for a more robust private right of action by allowing plaintiffs to seek remedies available under the Texas unfair and deceptive trade practices law for violations of Chapters 304 and 305. Available remedies under the DTPA include treble damages, mental-anguish damages, and mandatory attorneys’ fees. We anticipate increased class action because of this expansion of the private right of action.
• Multiple recovery permitted – The amendments add language to Chapters 302, 304, and 305 that allows for claimants to recover on multiple counts in a private action, noting that “the 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.” This clarification, too, is likely to result in a rising volume of telemarketing-related class actions in the state.

What’s Next?

The amendments will broadly impact businesses marketing to or from Texas. Businesses should consult with legal counsel regarding whether they are required to register. Although Section 302 exempts businesses who only telemarket to former or current customers, one of the biggest compliance challenges for the federal TCPA has been with wrong or reassigned numbers. Consider the case of a consumer accidentally providing the incorrect cell phone number and the business’ marketing text message reaching the wrong person who did not consent to the call. Similarly, a consumer may provide her correct phone number at the time of collection, but the number could be later reassigned. The businesses’ text message now reaches another individual who is not a former or current customer. Such instances could create significant liability with Texas’ mini-TCPA, especially in light of the expanded right of recovery now available to plaintiffs. The Texas mini-TCPA has long been recognized as one of the more stringent state telemarketing laws, and the new amendments raise the stakes considerably. If your business markets in Texas, now is the time to make telemarketing compliance a priority.