Law / United States / 
Texas
Texas No-Call List, Facsimile Solicitation Notice, and Caller Identification Rules
In force since .
A telephone contact rule binding private bodies.
- Obligation class
- Prohibition, Disclosure
As of .
What it requires
- Do not make a telemarketing call (an unsolicited call, text message included, to solicit a sale of a consumer good or service, credit for one, or information for either) to a number more than 60 days after it appears on the Texas no-call list.
- The chapter does not apply to a call made by a consumer in response to a solicitation or general advertising, a call in connection with an established business relationship (a voluntary two-way communication about a consumer good or service, not terminated) or a recently terminated one, a call to a business (other than by facsimile) that has not asked not to be called, a debt-collection call, or a qualifying state licensee's call that ends in a face-to-face presentation.
- When you make a facsimile solicitation from Texas, include in at least 12-point type your complete name and street address and a toll-free or local number answered by a person on weekdays from 9 a.m. to 5 p.m. or that automatically deletes the recipient's number; on a stop request, send a written acknowledgment within 24 hours and make no further transmission to that number.
- In making a telemarketing call, do not block your number, interfere with or circumvent a caller identification service, fail to provide caller identification information you are capable of providing, or transmit misleading caller identification information; you may substitute the name and number of the person on whose behalf you call.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
The Attorney General may recover a civil penalty of not more than $1,000 for each violation, increased to not more than $3,000 for each violation on a finding of a willful or knowing violation of Subchapter B, C, or D; the Public Utility Commission may separately impose its own administrative penalty of not more than $1,000 for each violation under section 304.251.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 1,000
Statutory damages
For a facsimile-solicitation violation (section 304.258), the greater of actual monetary loss or $500 for each violation, which a court may increase to not more than three times that amount for a willful or knowing violation. For a no-call-list violation (section 304.052, enforced under section 304.257), damages of up to $500 for each violation are available only on a court finding of a willful or knowing violation, and only after the consumer has notified the telemarketer, filed a verified complaint with the Commission, the Attorney General, or a licensing agency within 30 days of the call, and that agency has not brought an action before the 121st day after the complaint.
- As of
- Currency
- USD
- Per person minimum
- 500
Who enforces it
Enforcement body
Public Utility Commission of Texas (administrative penalty); Texas Attorney General (civil penalty and injunction); a state licensing agency for its licensees; a private consumer under sections 304.257-.258; and, since , the Deceptive Trade Practices Act's public and private remedies.
What this law does
A telemarketing call is an unsolicited telephone call made to solicit a sale of a consumer good or service, an extension of credit for one, or information that may be used for either, and a telephone call includes a text or graphic message or an image sent to a mobile number.
The chapter does not apply to a call made by a consumer in response to a solicitation or general advertising, a call in connection with an established business relationship (one formed by a voluntary two-way communication about a consumer good or service and not terminated) or with a recently terminated one, a call to a business (other than by facsimile) that has not asked not to be called, a debt-collection call, or a qualifying call by a state licensee that ends in a face-to-face presentation.
A telemarketer may not make a telemarketing call to a number on the Texas no-call list more than 60 days after it appears on the current list, which combines consumer requests with the Texas portion of the National Do Not Call Registry and whose entries expire after three years unless renewed.
A person in Texas making a facsimile solicitation must include, in at least 12-point type, its complete name and street address and a toll-free or local number answered by a person on weekdays from 9 a.m. to 5 p.m. or that automatically deletes the recipient's number, and on a stop request must send a written acknowledgment within 24 hours and make no further transmission to that number.
In making a telemarketing call, a telemarketer may not block its number, interfere with or circumvent a caller identification service, fail to provide caller identification information it is capable of providing, or transmit misleading caller identification information, though it may substitute the name and number of the person on whose behalf it calls.
The Public Utility Commission may impose an administrative penalty of up to $1,000 for each violation, and the Attorney General may recover a civil penalty of up to $1,000 for each violation, rising to $3,000 for each violation on a finding of a willful or knowing violation.
A consumer on the Texas no-call list whom a telemarketer calls more than once may sue for a second or later violation only after notifying the telemarketer, filing a verified complaint with the Commission, the Attorney General or a licensing agency within 30 days of the call, and that agency's not bringing an action before the 121st day after the complaint, and damages of up to $500 for each violation are available only on a finding of a willful or knowing violation.
A person may sue over a facsimile-solicitation violation for the greater of actual monetary loss or $500 for each violation, which a court may increase to not more than three times that amount for a willful or knowing violation. Senate Bill 140, effective , made a violation of the chapter a deceptive act under the Deceptive Trade Practices Act, whose public and private remedies may enforce it, and provided that a claimant's earlier recoveries do not limit a future recovery.
When LexLint raises it
When your app profile says your app sends automated outreach.