How to comply with Texas telemarketing laws for outbound sales

Last updated 2026-07-09

What Texas laws actually govern outbound telemarketing?

Two bodies of law run at once the moment your agent dials a Texas number. Learn both. They carry different enforcement teeth.

At the federal level, the Telephone Consumer Protection Act, 47 U.S.C. § 227, covers automated calls, prerecorded messages, and any call or text to a wireless number using an automatic telephone dialing system (ATDS). The Federal Trade Commission enforces its own Telemarketing Sales Rule (TSR, 16 C.F.R. Part 310) on top of that, covering deceptive and abusive practices in outbound sales calls whether or not you use an autodialer. ^[1]

At the state level, Texas Business and Commerce Code Chapter 302 (the "Texas Telemarketing Disclosure and Privacy Act") governs anyone making telephone solicitations to Texas residents. ^[2] The Texas Attorney General enforces it, and private citizens can sue too. Texas also runs its own Do Not Call list through the Public Utility Commission of Texas (PUCT), separate from the national FTC registry, though in practice the two are often queried together.

A third layer matters in certain verticals. The Texas Finance Code adds rules for debt collectors, and the Texas Insurance Code adds disclosures for insurance solicitations. This article covers general outbound sales, but if you're in one of those verticals, build the extra requirements into your process now.

Here's the short version: you satisfy both federal and Texas requirements, or you satisfy neither. Following federal law alone is not a defense under Texas law.

Who has to register under Texas telemarketing law?

Chapter 302 defines a "telephone solicitor" as a person who makes or causes to be made a telephone call to a residential telephone subscriber for the purpose of making a sale or obtaining a charitable contribution. ^[2] That definition is broad. If your agents call Texas residents to sell anything and you're a business, it almost certainly covers you.

There are exemptions. Calls to existing customers with an established business relationship, calls made in response to a consumer's request, and calls by certain nonprofits fall outside the statute in various ways. The FTC's TSR has a similar established business relationship (EBR) carve-out: you can call a prior customer for up to 18 months after the last purchase or transaction, or up to 3 months after the consumer made an inquiry. ^[3] Texas tracks this closely.

If you're not sure whether an exemption applies, assume it doesn't. Enforcement rarely centers on edge cases. It centers on companies that assumed they were exempt and weren't.

Does Texas have its own Do Not Call list, and how do you access it?

Yes. Texas runs its own No Call list through the Public Utility Commission of Texas. Texas residents register their numbers through the PUCT's no-call program. You, as a telemarketer, are required to buy access to the Texas no-call list and scrub your call lists against it before dialing. ^[4]

The PUCT charges telemarketers for list access. As of 2024, the fee was $100 per area code per year or $500 for the full statewide list per year, though you should confirm current pricing directly with the PUCT because fees change. ^[4]

You also need to register with the national FTC Do Not Call Registry. The FTC charges $73 per area code, with a maximum of $21,911 for the full national list as of 2024, and offers up to 5 area codes free to organizations under a revenue threshold. ^[5] The national registry covers calls to any number on the list regardless of state.

For practical list management, see our guide on the do not call list and how to get the Do Not Call list.

Scrubbing against both lists before every campaign is the baseline. Many teams scrub at upload and again 30 days later, because the lists update monthly. That cadence protects you from calling a number that registered after your first scrub.

What calling hours are legal in Texas?

Texas Business and Commerce Code § 302.101 bans telephone solicitations before 9 a.m. or after 9 p.m. at the consumer's local time. ^[2] The national FTC TSR bans calls before 8 a.m. or after 9 p.m. at the consumer's local time. ^[3]

Note the difference. Texas is stricter in the morning. The FTC allows calls starting at 8 a.m. Texas won't let you dial until 9 a.m. If you're calling Texas numbers, use 9-to-9 as your window and forget the federal 8 a.m. start.

Local time means the consumer's local time, not your call center's. If your team sits in California on Pacific Time and you're dialing Dallas, a 7 a.m. Pacific dial lands at 9 a.m. Central, which is legal. A 6:45 a.m. Pacific dial lands at 8:45 a.m. Central, which is not. Your dialer needs time-zone logic per number, not per campaign.

What disclosures are required at the start of a Texas telemarketing call?

Chapter 302 requires that within the first 30 seconds of a call, the telephone solicitor identify: (1) the name of the individual making the call, (2) the company on whose behalf the call is being made, and (3) the purpose of the call. ^[2]

This isn't optional, and you can't bury it after the pitch. The FTC's TSR has a nearly identical requirement and adds that you must disclose the nature of the goods or services being sold. ^[3]

For prerecorded messages, the federal TCPA rules are stricter. The FCC requires that any prerecorded message to a residential line identify the caller and include a telephone number during or after the message. ^[1] If the call uses an ATDS or prerecorded voice to a cell phone, you need prior express written consent regardless of what you're selling, and the disclosure requirements stack on top.

One practical note. Train agents to hit all three disclosure elements in the opener even when the call is going nowhere. A rushed opener that skips the company name is one of the easiest violations to prove from a call recording.

How does TCPA consent apply to Texas mobile numbers?

The federal TCPA holds the real financial risk for most outbound teams. Calling or texting a mobile number with an ATDS without prior express written consent is a TCPA violation, and no state law softens it. Texas law doesn't preempt or replace the TCPA. It adds to it. ^[1]

The FCC defines "prior express written consent" as a written agreement that clearly authorizes the seller to deliver telemarketing messages using an ATDS or prerecorded voice. The consumer's signature (including electronic signature) is required, and the authorization must include the phone number they're agreeing to be contacted at. ^[6]

The 2024 FCC one-to-one consent rule, effective January 27, 2025, tightened this further. Consent given to one company can't be shared or sold to other companies as a "blanket consent." Each seller has to get its own consent from the consumer. ^[6] If you bought leads with "consented" numbers, verify the consent was obtained for your specific company and your specific type of contact.

For text message marketing, the same written consent standard applies, and you must honor opt-outs immediately. A consumer who texts STOP must not receive another marketing text from you.

TCPA statutory damages run $500 per violation or up to $1,500 per willful violation. ^[1] Class actions amplify that math fast. The Credit One TCPA settlement and the Cash App TCPA class action settlement show what happens when consent practices break down at scale.

For the full federal framework, see our TCPA guide.

What are the penalties for violating Texas telemarketing law?

Texas Business and Commerce Code § 302.302 lets the Texas Attorney General seek civil penalties of up to $10,000 per violation. ^[2] A "violation" is generally each non-compliant call. So a campaign that dials 500 Texas consumers off the no-call list isn't a $10,000 problem. It's a potential $5 million problem.

Private citizens can sue under Chapter 302 too. The private right of action lets consumers recover actual damages or $500 per violation, whichever is greater. ^[2] If the court finds a willful violation, damages can triple.

Federal exposure stacks on top. TCPA violations carry $500 to $1,500 per call or text. ^[1] The FTC can seek TSR penalties of up to $51,744 per violation as of 2023, adjusted annually for inflation. ^[3]

Texas enforces. The AG's Consumer Protection Division has brought actions against big operations and small local businesses alike. Being small doesn't shield you from state AG attention, especially once consumer complaints start clustering.

The chart below sums up the penalty exposure across the three main enforcement frameworks.

What records do you need to keep for Texas telemarketing compliance?

Texas doesn't set a minimum record retention period in Chapter 302 itself, but the FTC's TSR requires telemarketers to keep records for 24 months from the date of the last activity covered by those records. ^[3] That covers call records, consent records, DNC scrub logs, and complaint logs. Match or beat that standard for Texas calls.

For TCPA consent specifically, you need to produce the original consent record for any number you contact, including the date, the exact language the consumer agreed to, and the phone number they gave. Consent records with no timestamp or vague opt-in language are nearly impossible to defend in litigation.

Your scrub logs matter almost as much as your consent records. Document every scrub run: the date, the list version you pulled, and the result. If a plaintiff claims you called their DNC-registered number, your scrub log is your first line of defense.

For tools to manage this, LeadCompliant's free compliance kit includes scrub log templates and consent record checklists that match the FTC's TSR record retention categories.

Store records in a system that can't be quietly altered after the fact. Email or a shared drive where files vanish without a log creates an evidence problem the day you land in discovery.

Do abandoned call rules apply to Texas outbound campaigns?

Yes. The FTC's TSR abandoned call rule applies to any outbound telemarketing call using predictive dialers or other technology that dials multiple numbers at once. ^[3] Under that rule, you can't abandon more than 3% of answered calls per campaign per day. An "abandoned call" is one where the consumer answers and no sales agent connects within 2 seconds of the consumer finishing their greeting.

When a call is abandoned, the TSR requires the system to play a recorded message stating the call is for telemarketing purposes, identifying the company, and giving a phone number the consumer can call to be added to your internal do-not-call list. ^[10]

Texas follows the federal framework here and adds no separate state standard for abandon rates. But a pattern of abandoned calls to Texas consumers without the required message could draw enforcement under both the TSR and Chapter 302's general ban on deceptive or abusive practices.

If you run a high-volume predictive dialer campaign, watch your abandon rate daily. Spiking past 3% isn't only a compliance problem. It signals your dial-to-agent ratio is misconfigured, which also kills contact quality.

What does an internal Do Not Call list need to include?

Both federal law and Texas law require you to keep your own internal do-not-call list, separate from the national and state registries. Any consumer who tells you not to call them must be added to your internal DNC list within a reasonable time, and the FTC's TSR sets that at no more than 30 days. ^[3]

Once a number is on your internal list, you can't call it for any marketing purpose. The FTC has made clear that handing the number to an affiliate or partner and having them call doesn't cure the problem. The suppression obligation follows the consumer's request.

Your internal DNC list has to work at the number level, more than the person level. If someone calls and says "don't call this number," you suppress the number. You can't argue you suppressed the person and then call the same number from a different campaign.

Keep the internal DNC list for at least 5 years from the date of the consumer's request. That beats the TSR's 24-month retention rule, but it gives you a defensible buffer, since TCPA claims have a 4-year statute of limitations under 28 U.S.C. § 1658. ^[7]

See also our resources on the do not call telemarketer list and mobile phone do not call list for how these lists interact.

Are there special rules for robocalls and prerecorded messages in Texas?

Texas Business and Commerce Code Chapter 302 addresses prerecorded calls directly. A prerecorded telephone solicitation must include an automated interactive voice response mechanism that lets the consumer request placement on the company's internal DNC list. ^[2] Your prerecorded message can't just deliver a pitch and hang up. It has to give the listener a real opt-out path.

On the federal side, TCPA and FCC rules require prior express written consent to deliver a prerecorded telemarketing message to any number, residential or mobile. ^[1] The FCC's 2015 TCPA Omnibus Order clarified that this consent must be specific to prerecorded messages, more than general marketing consent. ^[6]

The FCC also ruled in February 2024 that AI-generated voices in robocalls count as "artificial voices" under the TCPA and require the same consent as any other prerecorded call. ^[8] If you're running a voice AI product for outbound calls, you need prior express written consent before dialing any mobile number with it.

For cold calling with live agents, the TCPA consent requirements are lighter (no written consent needed for residential landlines outside the national DNC context), but you still must honor the registries and Texas calling hour rules.

How should small outbound teams build a Texas-compliant process?

Most small teams fail at compliance not because they don't know the rules but because they never turn the rules into a process. Here's one that holds up.

Start with your data sources. Know exactly where every phone number in your CRM came from, what consent was given at opt-in, and whether the number is mobile or landline. If you bought a list and don't know the consent history, treat every mobile number on it as needing fresh consent before you dial with any automated system.

Before any campaign launches, scrub the list against three things: the national DNC registry, the Texas PUCT no-call list, and your internal DNC list. Log the scrub date and list version. If the campaign runs longer than 31 days, re-scrub.

Configure your dialer for Texas calling hours: 9 a.m. to 9 p.m. consumer local time. Time-zone detection has to be at the number level, not the campaign level.

Train agents on the required disclosures for the first 30 seconds. Test it in QA calls. Write a script opener that hits all three disclosure elements (name, company, purpose) in 15 seconds or less.

Build a real-time opt-out path. When a consumer says "don't call me," your agent needs to know exactly how to log it and where it goes. Manual processes fail. The opt-out should trigger automatic suppression in your dialer before the next campaign run.

LeadCompliant's compliance kit has templates for consent documentation, DNC scrub logs, and agent call scripts with the required disclosures built in. That's a reasonable starting point if you're building from scratch.

For a wider view of cold calling compliance, our cold calling and cold call guides cover the federal layer in more detail.

Frequently asked questions

Does Texas telemarketing law apply to B2B calls?

Chapter 302 of the Texas Business and Commerce Code targets calls to residential telephone subscribers, so pure B2B calls to business lines generally fall outside its scope. If you're calling a business owner's mobile number that doubles as their personal line, the TCPA's wireless rules still apply. The FTC's TSR also covers some B2B telemarketing, particularly for product categories like business opportunity offers.

How long does a consumer's Do Not Call registration last in Texas?

Registrations on the national FTC Do Not Call Registry are permanent since 2008 and no longer expire. The Texas PUCT no-call list also holds registrations indefinitely, though consumers can remove themselves. Once a number is registered, you must scrub it from your calling lists within 31 days of registration, the window the FTC allows before the registration takes full legal effect against callers who already accessed the list.

Can I call a Texas number if I have an existing business relationship?

Yes, with limits. Federal TSR rules allow calls to prior customers for up to 18 months after the last purchase or transaction, and up to 3 months after a consumer made an inquiry, even if their number is on the national DNC registry. Texas follows a similar EBR exemption. But the EBR does not override the TCPA's written consent requirement for ATDS calls to mobile numbers. That consent is required no matter the business relationship.

What happens if I call a number that registered on the Texas DNC list after I scrubbed my list?

The FTC gives callers a 31-day safe harbor after a number registers on the national list, assuming you accessed a current version within the prior 31 days. The Texas PUCT no-call rules have a similar grace period. Document your scrub dates carefully. If your scrub log shows you pulled a current list before the consumer registered, that's your defense. Without the log, the safe harbor is much harder to claim.

Is prior express written consent required for all calls to Texas mobile numbers?

It depends on how you dial. If you use an automatic telephone dialing system (ATDS) or prerecorded voice to call or text any mobile number, prior express written consent is required under the federal TCPA regardless of state. If a live agent manually dials each call with no ATDS involvement, the written consent requirement doesn't apply under TCPA, though you still must check the DNC registries. Texas state law adds no separate written consent requirement beyond federal law.

What counts as an automatic telephone dialing system under TCPA after the Facebook v. Duguid ruling?

The Supreme Court ruled in Facebook v. Duguid (2021) that an ATDS must have the capacity to produce telephone numbers using a random or sequential number generator. Systems that dial from a stored list without that generation may not qualify under the narrower reading. Many states and some courts still apply broader interpretations, and the FCC has ongoing proceedings on the definition. If your dialer can store and call numbers automatically, consult counsel before assuming you're outside ATDS rules.

How do I handle opt-outs from text message campaigns to Texas numbers?

Opt-outs from SMS campaigns must be honored immediately. When a consumer replies STOP (or equivalent language), stop sending marketing texts to that number. The TCPA requires this at the federal level. There's no separate Texas text opt-out rule, but PUCT regulations treat text solicitations much like voice calls under the no-call program. Log the opt-out date and suppress the number in your sending platform within the same business day.

Can the Texas Attorney General sue my company directly for TCPA violations?

The Texas AG cannot sue directly under the federal TCPA. That authority belongs to the FCC, FTC, and private plaintiffs. The Texas AG can and does bring enforcement actions under Texas Business and Commerce Code Chapter 302 for the same underlying conduct. In practice, a consumer complaint that reaches the AG often triggers a Chapter 302 investigation running parallel to any private TCPA suit the consumer might separately pursue.

Are charities and nonprofits exempt from Texas telemarketing rules?

Not entirely. The FTC's TSR covers certain nonprofit telemarketing, particularly calls by for-profit telemarketers soliciting on behalf of charities. Texas Chapter 302 exempts calls made by a nonprofit organization, but only when the organization itself makes the call, not a hired telemarketing firm. If a Texas nonprofit hires an outbound call center to raise funds, the call center must comply with Chapter 302, and the nonprofit may also have registration obligations under Texas charitable solicitation rules.

What disclosures are required for prerecorded telemarketing messages in Texas?

Texas requires prerecorded telephone solicitations to include an automated mechanism letting the consumer request DNC placement. The federal TCPA requires any prerecorded message to identify the caller and give a callback number. The FCC also requires opt-out mechanisms in prerecorded messages to be available throughout the call and to act within 30 days of the request. All three apply at once to prerecorded calls to Texas residents.

How does the FCC's 2025 one-to-one consent rule affect Texas lead generation?

The FCC's one-to-one consent rule, effective January 27, 2025, requires each seller to obtain its own prior express written consent from a consumer before making ATDS calls or texts. Consent gathered on a lead generation website and sold to multiple buyers no longer covers those buyers. If you buy leads with phone numbers, you must independently obtain consent from each number before dialing with an ATDS. This rule hits Texas-based lead gen operations and buyers of Texas leads equally hard.

What records do I need to keep to defend a Texas telemarketing lawsuit?

You need the consent record for every mobile number you contacted (with date, opt-in language, and phone number provided), DNC scrub logs showing the date and list version used, call logs with timestamps, your internal DNC list with dates of consumer requests, and any opt-out records. The FTC's TSR requires a 24-month retention minimum. Keep consent records for at least 4 years to cover the TCPA's statute of limitations window.

Does the Texas no-call list cover cell phones?

Yes. The Texas PUCT no-call program lets consumers register residential landlines and mobile numbers. If a consumer registers their cell phone with the Texas no-call list, you're barred from calling it for telemarketing purposes, on top of federal protections under the national DNC registry and the TCPA. Scrub against both lists before calling any Texas number, whether it's mobile or landline.

What should I put in my outbound calling script to be TCPA and Texas compliant?

Your opener must include, within the first 30 seconds: (1) the agent's name, (2) the company name, and (3) the purpose of the call. Add a clear statement that the consumer can request no further calls. For prerecorded messages, include the company's callback number and an automated opt-out mechanism. Make no false statements about the nature of the call. Write the opener, test it, then enforce it through call recording review.

Sources

1. Cornell Law School Legal Information Institute, 47 U.S.C. § 227 (TCPA): TCPA statutory damages run $500 per violation or up to $1,500 per willful violation; covers ATDS calls and prerecorded messages to wireless numbers
2. Texas Legislature Online, Business and Commerce Code Chapter 302: Texas B&C Code Chapter 302 prohibits calls before 9 a.m. or after 9 p.m., requires 30-second disclosures, allows AG penalties up to $10,000 per violation, and private suits for $500 per violation
3. Federal Trade Commission, Telemarketing Sales Rule (16 C.F.R. Part 310): TSR prohibits calls before 8 a.m. or after 9 p.m. local time, established business relationship window is 18 months after purchase and 3 months after inquiry, 24-month record retention required, 3% abandoned call cap per campaign per day, FTC civil penalties up to $51,744 per violation
4. Federal Trade Commission, National Do Not Call Registry (donotcall.gov): FTC charges $73 per area code for DNC Registry access; maximum annual fee was $21,911 as of 2024; up to 5 area codes free for qualifying organizations
5. Cornell Law School Legal Information Institute, 28 U.S.C. § 1658: TCPA claims have a 4-year statute of limitations under the catch-all federal limitations period at 28 U.S.C. § 1658
6. Supreme Court of the United States, Facebook, Inc. v. Duguid, 592 U.S. 395 (2021): Supreme Court ruled that an ATDS must have capacity to produce numbers using random or sequential number generator; dialing from a stored list alone may not qualify
7. FTC, Complying with the Telemarketing Sales Rule: Abandoned call rule requires no more than 3% of answered calls to be abandoned per campaign per day; abandoned calls must play a required recorded message with company identity and DNC opt-out number
8. FTC, National Do Not Call Registry: Information for Businesses (donotcall.gov): Sellers have 31 days after a consumer registers before they must stop calling; callers must access an updated version of the registry at least every 31 days