Texas has revamped its telemarketing laws, introducing stricter rules for businesses and stronger protections for consumers. Starting September 1, 2025, Senate Bill 140 (SB140) broadens the definition of telemarketing to include digital communications like text messages, multimedia messages, and even social media direct messages. Key changes include:
- Expanded Coverage: Telemarketing now applies to texts, image messages, and automated systems, not just calls.
- Consent Requirements: Businesses must secure clear, written consent before contacting consumers and honor opt-out requests within 10 business days.
- Higher Penalties: Fines range from $500 to $5,000 per violation, with triple penalties for intentional misconduct. Repeat offenses face even steeper consequences.
- Consumer Rights: Texans can directly sue violators under the Texas Deceptive Trade Practices Act (DTPA) without filing complaints with state agencies first.
- Private Legal Action: Consumers can claim damages for economic losses, mental anguish, and more, with no cap on lawsuits for repeated violations.
Businesses targeting Texas consumers must now register, comply with updated disclosure requirements, and maintain detailed records of consent and opt-out requests. Consumers, on the other hand, gain more control over unwanted communications and easier ways to report violations.
This law signals a major shift in how Texas handles telemarketing, empowering individuals while holding businesses accountable.
2025 TCPA updates – How to ensure TCPA-compliant lead generation in 2025
New Definitions and Coverage Areas
Texas has introduced sweeping updates to its telemarketing laws, now covering nearly any type of promotional message sent to a consumer’s phone.
Digital and Automated Communication Methods
With the passage of Texas Senate Bill 140, the definition of "telephone solicitation" has been significantly broadened. It no longer applies solely to traditional voice calls. Now, text messages (SMS), image messages (MMS), promotional emails sent to mobile devices, multimedia marketing messages, and even direct messages on social media platforms are subject to the same regulations as phone calls. This change brings these communication methods under the umbrella of telemarketing compliance requirements.
The law also expands the rules governing automated calling systems. Automatic dialing announcing devices (ADAD) – defined as systems that deliver prerecorded or synthesized voice messages without a live operator – are now included. Unlike federal guidelines, the Texas definition does not include any limiting language, opening the door for courts to interpret it broadly. This could mean that even systems that simply store phone numbers might fall under this category.
Impact on Businesses and Telemarketers
These expanded definitions place new compliance demands on businesses relying on digital marketing tools. Many companies that previously operated outside telemarketing regulations must now register, disclose their practices, and obtain explicit consumer consent.
Harrison Brown of Blank Rome LLP highlights the challenges ahead:
"Businesses marketing to Texas consumers – by phone, text, or multimedia message – should prepare for a new era of heightened risk and regulatory scrutiny."
Businesses using mass texting platforms, automated email systems, or multimedia messaging campaigns aimed at Texas consumers must now adhere to telemarketing registration requirements with the Texas Secretary of State. The law emphasizes that its provisions should be interpreted liberally to shield consumers from deceptive, misleading, or false practices. This means e-commerce companies, app developers, digital marketing agencies, and even customer service teams sending automated appointment reminders with promotional content are now navigating a more complex regulatory environment.
While these changes create additional hurdles for businesses, they also enhance protections for consumers.
New Consumer Protections and Rights
Starting September 1, 2025, updated Texas telemarketing laws will provide stronger safeguards for consumers, giving them more control over unwanted marketing communications. These amendments aim to curb aggressive tactics by telemarketers and digital marketers, shifting the power back to individuals.
Stricter Consent and Opt-Out Rules
Texas consumers will now have greater authority over how businesses contact them. Companies must secure clear, documented consent before reaching out through calls, texts, or multimedia messages – and they must be able to prove that consent was given.
Opting out of marketing communications has also been simplified. You can revoke consent using any reasonable method, and businesses can’t force you to use their preferred process. A simple reply with words like "stop", "quit", "end", "revoke", "opt out", "cancel", or "unsubscribe" is enough to halt unwanted messages. Eric J. Troutman of Troutman Amin LLP highlights this consumer-first approach:
Consumers can revoke previously given consent for autodialed calls or texts in any clear, reasonable manner, and callers may not infringe on that right by designating an exclusive means to revoke consent that precludes the use of any other reasonable method.
Once you make an opt-out request, businesses are required to honor it within 10 business days. If they fail to comply, they could face penalties ranging from $500 to $5,000 per violation, with treble damages possible for intentional violations. There’s no limit to how many times you can take legal action against a company for repeated offenses.
These updates not only strengthen procedural safeguards but also give consumers the ability to take direct legal action when their rights are violated.
Private Legal Action for Violations
Under the revised law, Texans can now sue telemarketing violators directly under the Texas Deceptive Trade Practices Act (DTPA). This change removes the need to file complaints with state agencies first – you can go straight to court if your rights are ignored.
Violations that can lead to lawsuits include unregistered telemarketing, failure to disclose required information during calls, disregarded do-not-call requests, and improper use of autodialing systems. The law also allows victims to seek a variety of damages, including:
- Actual damages or statutory damages
- Economic damages and mental anguish damages
- Additional damages for knowing or intentional misconduct
- Injunctive relief and restoration of money or property
- Attorney’s fees and court costs
Industry experts have noted the significant impact of these changes. As TCPAWorld observed:
The new law will enable private litigation over autodialed calls with steep penalties. Other changes will also be made enhancing Texas consumer’s rights and creating traps for businesses.
Importantly, the law ensures that winning one lawsuit doesn’t prevent further legal action for future violations. If a company continues to break the rules, you can sue them again without restrictions. This provision ensures businesses face ongoing accountability for repeated offenses.
Legal professionals also point out that consumers can claim damages for both economic losses and mental anguish, raising the stakes for companies that fail to comply. With penalties ranging from $500 to $5,000 per violation – higher than those under federal TCPA laws – businesses now face significant financial risks for ignoring consumer rights.
These updates underscore Texas’ dedication to safeguarding its residents from invasive telemarketing practices.
Higher Penalties for Violations
Recent legal reforms not only increase fines but also expand the legal risks for businesses that fail to comply. The 2025 amendments introduce penalties aimed at discouraging violations and prioritizing consumer protection.
Statutory Damages and Triple Penalties
Under the new rules, statutory damages now range from $500 to $5,000 per violation, with treble damages of up to $15,000 for intentional violations under the DTPA. Companies that neglect to obtain proper telemarketing certification face penalties of $5,000 per violation, escalating to $20,000 for repeat offenses. If the violations target vulnerable populations, treble damages may also apply. The statute emphasizes that telemarketing provisions should be interpreted to strongly shield consumers from deceptive practices. Beyond these statutory damages, consumers can seek additional compensation.
These stricter penalties are expected to increase the likelihood of litigation.
Lawsuit and Class Action Risks
In addition to fixed penalties, businesses now face greater exposure to lawsuits. The amendments grant a new private right of action under the DTPA, significantly raising the stakes for companies operating in Texas. A single lawsuit won’t necessarily protect a business from further claims, as consumers can file additional lawsuits for repeated violations. Moreover, violations affecting multiple consumers could lead to class action lawsuits, further amplifying liability.
Under the updated law, plaintiffs can recover compensation for economic losses, mental anguish, and additional damages in cases of knowing or intentional misconduct. They can also seek injunctive relief and attorney’s fees. Texas law allows for dual recovery under both federal TCPA laws and state telemarketing statutes, with Texas TCPA violations carrying penalties of $1,000, double the federal minimum.
Legal analysts predict these reforms will drive a surge in private litigation. With no cap on recoveries, businesses could face ongoing lawsuits for repeated violations. Companies engaging in phone, text, or multimedia marketing to Texas consumers should brace for increased regulatory scrutiny.
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Compliance Guidelines for Businesses
With the 2025 amendments introducing stricter penalties and increased litigation risks, businesses need to act swiftly to align their operations with the updated regulations.
Key Compliance Requirements
The updated definition of "telephone solicitation" now includes a broader range of digital outreach methods, putting businesses using these channels at greater risk under SB140. All digital and voice telemarketing communications must adhere to mandatory registration requirements.
Businesses must obtain and keep records of express written consent for all telemarketing activities, particularly when using automated or mass messaging platforms.
It’s essential to implement effective opt-out mechanisms across all communication channels. Consumers must be able to revoke consent through any reasonable means, and businesses are required to process these requests within 10 business days. Prompt and consistent handling of opt-out requests is non-negotiable.
Telemarketing communications must also include updated disclosures that comply with the new digital standards.
Training staff is another critical step. Teams in marketing, sales, and customer service need to fully understand the new regulations and the financial consequences of non-compliance. Statutory damages range from $500 to $5,000 per violation, with the possibility of triple damages for intentional breaches.
Accurate recordkeeping is essential. Businesses must document all consents, registrations, and opt-out requests. This documentation is a key defense against claims, especially with the new private right of action under the Texas Deceptive Trade Practices Act (DTPA).
The table below outlines the key changes in compliance standards before and after the 2025 amendments:
Before and After 2025 Rules Comparison
| Aspect | Before 2025 | After 2025 |
|---|---|---|
| Covered Communications | Traditional voice calls only | Voice calls, text messages, image messages, and digital transmissions |
| Registration Requirements | Limited to traditional telemarketers | Expanded to businesses using any covered communication method |
| Statutory Damages | Lower penalty ranges | $500 to $5,000 per violation, with triple damages for intentional violations |
| Private Right of Action | Limited enforcement options | New private right of action under the Texas Deceptive Trade Practices Act (DTPA) |
| Registration Violations | Standard penalties | $5,000 per violation, $20,000 for repeat offenses |
| Consent Documentation | Basic requirements | Comprehensive documentation required across all communication channels |
| Opt-out Processing | Traditional methods | Must honor requests across all channels within 10 business days |
These changes are particularly impactful for businesses that previously operated outside traditional telemarketing regulations. Companies using text messaging, automated systems, or digital marketing campaigns now face the same stringent requirements applied to conventional telemarketers.
The urgency to adapt is underscored by Harrison Brown of Blank Rome LLP:
"SB140 represents a shift in Texas telemarketing law, with potentially far-reaching implications for any business that markets to Texas consumers. If enacted, the law’s effective date of September 1, 2025, leaves a narrow window for businesses to review and improve their compliance programs."
Businesses relying on autodialers or automated messaging systems will face heightened scrutiny. It’s crucial to assess these practices for compliance with both the telemarketing statute and the DTPA.
Finally, the importance of documentation cannot be overstated. With the risk of serial lawsuits and class actions, maintaining detailed records of consent, opt-out requests, and compliance efforts is critical for mitigating litigation risks under the new regulations.
How Consumers Can Report Violations
With stricter enforcement measures in place, consumers now have effective ways to report telemarketing violations. Texas’ 2025 telemarketing amendments give individuals the ability to take action against unwanted contact. These updates, which now cover digital communication methods like text messages and automated calls, aim to give consumers more control. Knowing how to report these violations is key to stopping intrusive communications and holding telemarketers accountable.
Using ReportTelemarketer.com for Violations
ReportTelemarketer.com simplifies the process of reporting unwanted telemarketing calls and texts under the updated Texas regulations. Operated by Coleman, PLLC, this platform focuses on enforcing telephone consumer protection laws to shield consumers from telemarketing harassment.
When you submit a report, the platform evaluates the details to determine if legal action is necessary. If they find that a telemarketer contacted you without proper consent, they might issue a cease-and-desist letter or file a formal complaint. The best part? This service is completely free for consumers. Instead of charging you, ReportTelemarketer.com seeks attorney fees directly from the telemarketer once the calls are successfully stopped.
The platform also prioritizes safeguarding your personal information while keeping you informed about problematic telemarketers. Beyond reporting, it offers educational materials to help consumers understand telemarketing laws and their rights.
If you’re ready to report a violation, here’s how you can get started.
Steps for Filing a Report
Submitting a report through ReportTelemarketer.com is straightforward and ensures that all necessary details for legal action are captured.
- Visit ReportTelemarketer.com: Start by navigating to the website and locating the report form. The platform supports reports for both traditional phone calls and the newly included digital communications, such as text messages and automated calls, covered under the 2025 amendments.
- Fill out the form: Provide specific details about the call or text you received. This includes the phone number that contacted you, the date and time of the communication, and a description of what happened. These details help determine if the contact violates the expanded definition of telemarketing.
- Specify the type of contact: Whether it was a voice call, text, or other digital communication, include information about how often you were contacted, the content of the messages, and any steps you took to opt out.
- Clarify consent: Indicate whether you gave consent for the telemarketer to contact you. Under the updated regulations, telemarketers must have explicit written consent, so this information is critical.
- Attach evidence: Upload any supporting documents, such as screenshots of text messages or saved voicemails. These materials strengthen your case and help the legal team identify violations.
Once your report is submitted, the team at ReportTelemarketer.com will review your case and begin their investigation. If additional details are needed, they may reach out to you for clarification or further evidence. Their legal experts are well-versed in telemarketing cases and are skilled at spotting violations, particularly those involving the newly regulated digital communication methods.
Conclusion: Understanding the New Telemarketing Rules
Starting September 1, 2025, Texas SB140 brings sweeping changes to telemarketing enforcement in the state, introducing stronger consumer protections and tougher penalties.
The law expands the definition of "telephone solicitation" to include digital communications and introduces a private right of action under the Texas Deceptive Trade Practices Act (DTPA). For consumers, this means greater legal standing and the ability to claim damages ranging from $500 to $5,000 per violation. In cases of willful misconduct, treble damages may also apply. Importantly, there’s no cap on lawsuits for repeated violations, giving consumers significant power to challenge persistent offenders.
For businesses, the stakes are high. Each violation could lead to individual lawsuits or even class actions, creating substantial financial risks. Even minor compliance errors could result in costly penalties, emphasizing the need for companies to adopt robust compliance measures. These changes signal a shift toward greater consumer empowerment and stricter business accountability.
With the law taking effect in less than two years, businesses must act quickly to review and strengthen their compliance programs. This includes training employees on the new requirements, implementing systems to track consent and opt-out activities, and conducting regular compliance audits to minimize risks.
Consumers, on the other hand, will have powerful tools to combat unwanted communications. Platforms like ReportTelemarketer.com provide a simple way to report violations. And since attorney fees can be recovered from violators, pursuing legal action comes with minimal financial risk, making it easier to hold telemarketers accountable.
These changes position Texas as a leader in protecting consumers against unwanted telemarketing. By expanding definitions, increasing penalties, and offering direct legal remedies, the law sets a strong precedent that other states may follow. Businesses and consumers alike will need to adapt to this new, more stringent framework.
FAQs
How do the updated Texas telemarketing laws impact businesses using text messages and social media for outreach?
Updated Texas Telemarketing Laws: What You Need to Know
Starting September 1, 2025, Texas is rolling out tougher telemarketing regulations, particularly targeting digital communication methods like text messages and social media. Under these new rules, businesses must obtain clear and explicit consent from consumers before reaching out through these channels.
The updated laws also place stricter limits on the use of autodialers and automated messages. Companies that fail to follow these regulations could face hefty penalties, as the changes give consumers more power to take legal action against violations. Staying compliant isn’t just about avoiding fines – it’s also about preserving customer trust and steering clear of potential legal troubles.
What can I do if I keep getting telemarketing calls or texts after opting out?
If you’re still dealing with unwanted telemarketing calls or texts after opting out, there are a few steps you can take to tackle the problem:
- File a complaint with the Federal Communications Commission (FCC) or your state attorney general’s office. These agencies can investigate and take action against violators.
- Double-check your registration on the National Do Not Call Registry and report any telemarketers who ignore the rules.
- Leverage call-blocking or screening tools offered by your phone provider or third-party apps to filter out spam calls and texts.
Taking these steps can help safeguard your privacy and cut down on interruptions. If the issue continues, you might also consider services like ReportTelemarketer.com to dig deeper and hold violators accountable.
What penalties can businesses face for breaking the updated Texas telemarketing laws?
Businesses that fail to comply with the updated Texas telemarketing laws could face steep legal and financial penalties. Fines range from $500 to $10,000 for each violation, with even higher penalties for deliberate violations. Beyond fines, companies might also be held responsible for treble damages, mental anguish compensation, and covering attorney’s fees.
These tightened rules are designed to shield consumers from intrusive telemarketing practices. For businesses, staying compliant isn’t just a legal obligation – it’s essential to avoid significant financial setbacks.
