TCPA and Texas mini-TCPA: what outbound teams must know

Last updated 2026-07-09

What is the TCPA and why does it apply in Texas?

The Telephone Consumer Protection Act, 47 U.S.C. § 227, is a federal statute passed in 1991 that restricts how businesses can contact consumers by phone and text. ^[1] It applies in every U.S. state, including Texas, with no carve-outs. Call a Texas cell number using an automatic telephone dialing system (ATDS), leave an artificial or prerecorded voice message, or send a marketing text, and the TCPA governs that contact.

The FCC administers the TCPA and writes the rules that put it into practice. ^[2] Those rules set the consent standards, calling hour limits, do-not-call registration duties, and opt-out mechanics your compliance team actually has to build around. Federal law preempts weaker state law but explicitly allows states to go stricter. Texas did exactly that.

For a broader primer on how the TCPA works, see TCPA.

The private right of action is what makes this statute dangerous for outbound teams. Any individual consumer can sue. Statutory damages run from $500 per violation to $1,500 per willful violation, with no cap on the number of violations in a single lawsuit. ^[1] Class actions stack those numbers fast. The Credit One TCPA settlement and the Truist Bank TCPA class action settlement both show how one systemic failure turns into eight-figure exposure.

What is the Texas mini-TCPA (Business & Commerce Code Chapter 305)?

Texas Business & Commerce Code Chapter 305 is the state's telemarketing restriction statute, on the books since 2001 and amended over the years. ^[3] Compliance people and plaintiff lawyers call it the "Texas mini-TCPA" because it copies several federal TCPA concepts and adds Texas-specific teeth.

The statute targets "telephone solicitations," which Chapter 305 treats as calls or messages to a Texas residential or mobile number meant to push a purchase, rental, or investment. ^[3] That definition tracks the TCPA's marketing framework but lives entirely under Texas state law. A plaintiff can pursue a Chapter 305 claim in Texas state court even when the federal TCPA claim would fail.

Key prohibitions under Chapter 305:

• Calling a Texas number on the state do-not-call list
• Using an automated dialer or prerecorded message without prior consent
• Calling before 9 a.m. or after 9 p.m. local Texas time
• Blocking caller ID or displaying a false number
• Failing to identify the seller at the start of a call

Those restrictions overlap heavily with the TCPA but are not identical. The calling hours (9 a.m. to 9 p.m.) match on this point. A defendant who wins on TCPA grounds because a court finds no ATDS was used can still lose under Chapter 305 if the call broke another provision.

Penalties under Chapter 305 reach $5,000 per violation for standard conduct and $10,000 per violation when the conduct is willful or knowing. ^[3] The Texas Attorney General can bring enforcement actions, and individuals have a private right of action too.

How do TCPA penalties compare to Texas mini-TCPA penalties?

This is the question most compliance owners get wrong. They treat the two laws as alternatives when they are additive. A single call that breaks both statutes exposes the caller to damages under both.

Statute	Per-violation minimum	Per-violation maximum (willful)	Who can sue
Federal TCPA (47 U.S.C. § 227)	$500	$1,500	Individual, class
Texas B&C Code Ch. 305	$500	$10,000	Individual, TX AG

Federal statutory damages are $500 per call or text, trebled to $1,500 for willful violations. ^[1] Texas Chapter 305 starts at $500 and climbs to $10,000 for willful conduct. ^[3] A willful robocall campaign hitting 10,000 Texas cell numbers could in theory generate $1,500 (federal) plus $10,000 (state), times 10,000 contacts. Nobody wins at trial on numbers like that. That is why these cases settle.

The UnitedHealthcare TCPA case that settled for $2.5 million shows what mid-size exposure looks like in practice. That was federal TCPA only. Add a state-law overlay with a $10,000 willful cap and the settlement math gets worse.

One honest caveat. Texas courts have not uniformly sorted out whether both sets of damages can run at once for the exact same call. The cleaner way to think about it: Chapter 305 hands plaintiffs and the AG a second, independent theory of liability. That alone raises the odds someone sues, even when the federal claim has a hole in it.

Does Texas have its own do-not-call list separate from the national DNC?

Yes. Texas runs a state do-not-call registry through the Attorney General's office under Chapter 304 of the Business & Commerce Code. ^[10] Consumers register Texas residential and mobile numbers. Telemarketers have to scrub against the Texas list separately from the FTC's National Do Not Call Registry.

Most commercial DNC data providers bundle state lists with the national list, so if you buy a compliant list or run one through a scrubbing service you may already be covered. Verify that explicitly with your vendor. "We scrub the national DNC" is not the same as "we scrub the Texas DNC."

The Texas registry updates as consumers add numbers. Chapter 304 does not spell out a grace period the way the FTC gives telemarketers 31 days to stop calling a newly listed number. ^[11] Texas's practical window defaults to what is operationally reasonable, and courts have not given a clean answer on the exact number of days. Honor Texas registrations within 30 days to mirror the federal standard. That is the safe move.

Being on a DNC list does not block every call. Businesses with an established business relationship (EBR), political organizations, charities, and survey takers generally fall outside Chapter 305's prohibition even for registered numbers. Each of those exemptions carries its own conditions and edge cases.

What consent is required for texts and calls to Texas consumers?

For texts and ATDS calls to Texas cell phones, the federal TCPA requires prior express written consent for marketing messages. ^[2] The FCC's 2012 order raised the bar from prior express consent (verbal or written) to prior express written consent specifically for marketing. ^[9] A consumer has to agree in writing (electronic signatures count) to get marketing calls or texts from a named seller.

The FCC's 2024 order, effective January 2025, added a one-to-one consent requirement. ^[5] A single consent can no longer cover calls or texts from multiple unrelated sellers. This lands hard on lead generators who ship Texas consumer data to several buyers. A form where a consumer agreed to hear from "our marketing partners" no longer satisfies federal TCPA rules under the new standard.

Texas Chapter 305 has no written-consent standard as specific as the FCC's 2012 order, but it does require consent for automated calls and texts. A court reading Chapter 305 would likely treat the TCPA framework as the floor, and the Texas AG has historically lined up its consent reading with FCC guidance.

For SMS marketing, the practical standard is:

1. Consumer gives a mobile number in a context that clearly says texts will follow 2. The disclosure names the specific sender, more than a broad category of partners 3. Consumer affirmatively opts in, beyond just handing over a number 4. Records of that consent are stored and retrievable

See text message marketing and text messaging marketing for detailed SMS consent workflow guidance.

Are there Texas-specific calling hour rules or restrictions?

Chapter 305 limits telephone solicitations to between 9 a.m. and 9 p.m. local time where the called party is. ^[3] The FTC's Telemarketing Sales Rule uses 8 a.m. to 9 p.m., which is a bit looser on the morning end. ^[8] When you dial Texas numbers, the controlling window is 9 a.m. to 9 p.m. Texas time.

Texas spans two time zones. Most of the state, including Houston, Dallas, Austin, and San Antonio, runs on Central Time. El Paso and a handful of far-western counties run on Mountain Time. That matters operationally. A call center dialing Central Time until 9 p.m. CT reaches El Paso at 8 p.m. MT, which is fine. Run Mountain Time until 9 p.m. MT and you are calling the rest of Texas at 10 p.m. CT, which breaks both state and federal rules.

Track the called party's local time zone, not your call center's clock. Most modern dialers support time-zone scrubbing at the number level. If yours does not, that is a compliance gap worth closing before a Texas plaintiff finds it for you.

What has the FCC recently changed that affects Texas callers?

Two FCC actions matter most for teams calling or texting Texas consumers.

First, reassigned numbers. The FCC's one-call safe harbor does not shield a caller from liability after the first call to a number that has been handed to a new subscriber. Texas churns through mobile numbers given its large population and heavy migration. Reassignment exposure is real here. The FCC's Reassigned Numbers Database (RND) lets callers check whether a number changed hands before dialing. ^[6] Subscribing to the RND and scrubbing before each campaign is one of the cleaner ways to cut reassigned-number liability in Texas.

Second, the 2024 one-to-one consent rule changes how lead buyers in Texas operate. The FCC required prior express written consent to be, in the agency's words, "logically and topically associated with" the specific seller who will call. ^[5] That language comes straight from the FCC's 2024 Report and Order. Broad umbrella consent forms common in lead gen do not clear this bar as of January 2025.

There is litigation over that 2024 rule, so its status could shift. The practical advice is to build toward one-to-one consent anyway. Courts and the Texas AG are likely to read ambiguous consent against callers even if the federal rule gets trimmed.

What are the biggest TCPA lawsuit risks for businesses operating in Texas?

Texas is friendly ground for consumer protection plaintiffs. Stack federal TCPA exposure, Texas Chapter 305, and the Texas Deceptive Trade Practices Act (DTPA), and one bad call or text campaign can spawn claims under three overlapping statutes.

Class actions are the main risk for any company doing volume outbound. Texas federal courts sit in the Fifth Circuit, which has historically read the ATDS definition more narrowly (requiring a random or sequential number generator) and more favorably for defendants than the Ninth Circuit. That narrower reading closes one angle of attack. It does not touch liability for prerecorded message calls, caller ID spoofing, or DNC violations.

Serial individual plaintiffs work Texas too. They register numbers on DNC lists, answer calls or texts, and file in small claims or justice courts where the filing fee is low and no attorney is required. A few hundred calls to the wrong numbers can generate enough small claims actions to cost more in time and legal fees than the campaign ever earned.

The Cash App TCPA class action settlement and the Albertsons/Safeway TCPA settlement are worth reading. Both involved text campaigns that broke consent or opt-out rules at scale. Neither targeted Texas specifically, but the same fact patterns repeat constantly in Texas-heavy campaigns.

LeadCompliant's free TCPA compliance tools can run a quick gap check on your consent flows and DNC scrubbing before a plaintiff does it for you. That is the one mid-article mention, and it is the genuinely useful place for it.

How does the Texas DTPA interact with TCPA and Chapter 305 claims?

The Texas Deceptive Trade Practices Act (DTPA) is a broad consumer protection statute that bans false, misleading, or deceptive acts tied to a consumer transaction. ^[7] Plaintiffs sometimes bolt DTPA claims onto TCPA and Chapter 305 claims when a call involved any misrepresentation, like a false business name, a fake caller ID, or a misleading product claim.

Under the DTPA, a consumer who proves a deceptive practice can recover economic damages, and courts can award up to three times those damages for knowing or intentional violations. ^[7] That trebling runs parallel to the TCPA's $1,500 willful cap, but it works off actual damages rather than a statutory minimum. Depending on the facts, that can add up to more or less.

A call that breaks Chapter 305 by spoofing caller ID can also be a DTPA violation for misrepresenting who is calling. The stacking is not automatic. Courts make the plaintiff actually prove the DTPA elements. But the threat of a three-statute complaint is enough pressure to push most cases toward settlement.

The honest takeaway: outbound teams calling Texas need to plan for the full stack, more than the TCPA alone.

What records should you keep to defend a Texas TCPA or mini-TCPA claim?

Consent records are the single best defense in any TCPA or Chapter 305 case. If you cannot prove the consumer consented, you lose. That sounds obvious, yet many outbound teams hold consent for a category of communication (say, "marketing from our partners") that no longer clears the one-to-one standard. Others have consent records stored somewhere and not actually retrievable when a lawsuit hits.

Here is the minimum viable records set for Texas outbound operations:

• Timestamped consent records tied to each phone number, including the exact disclosure language the consumer saw or heard
• Documentation of which specific entity (your company, a specific brand) was named in the consent disclosure
• DNC scrub logs showing date, scrub source (national DNC plus Texas DNC), and results for each campaign
• Opt-out records and the date each opt-out was processed
• Call logs with timestamps, numbers called, and the agent or dialing system used
• For prerecorded messages, the actual audio file and when it was approved

The FTC's Telemarketing Sales Rule requires telemarketers to keep records for 24 months. ^[8] That is the federal floor. Texas Chapter 305 does not set a retention period, so defaulting to 24 months and being able to produce them fast is the practical minimum. If you want to be ready for a federal suit, note that the TCPA's limitations period is four years, so many teams keep records that long.

For anyone building a compliant outbound process from scratch, LeadCompliant's one-time compliance kit walks through consent documentation and the DNC process in checklist form.

How does the Texas mini-TCPA affect lead buyers and sellers specifically?

Lead generation is one of the highest-risk contexts for Texas TCPA and Chapter 305 exposure. The pattern repeats: a consumer fills out a form on a comparison or lead gen site, the site sells that lead to several buyers, and each buyer calls or texts. If the consumer did not specifically consent to calls from each buyer, every call is a potential violation.

Texas courts, like federal courts elsewhere, look at whether the consent disclosure on the form actually named the entity calling. A form saying "by submitting you agree to be contacted by our lending partners" names no specific buyer. Under the FCC's 2024 one-to-one consent rule, that is now clearly not enough for federal TCPA purposes. ^[5] Under Chapter 305, plaintiffs have also argued successfully that such vague consent falls short.

Lead buyers in Texas should demand from sellers:

1. The exact language of the consent disclosure shown to the consumer 2. A screenshot or stored copy of the form as it appeared at submission 3. Confirmation that the buyer's legal entity name appeared in that disclosure 4. Confirmation that the consumer had not registered on a DNC list before the lead was sold

That last point is operational but it bites. A consumer who opted in on Monday and registered on the Texas DNC on Wednesday should not get called on Thursday. DNC registration does not retroactively cancel consent, but it does mean you need real-time DNC scrubbing at the moment of dialing, more than at the moment of lead acquisition.

What should a Texas outbound team do right now to reduce exposure?

Start with an honest audit of what you actually do, not what your compliance policy claims. Pull three months of outbound call records. Check whether DNC scrubs happened at the campaign level only (risky) or at the dialing level (better). Check what your consent disclosures actually say and whether each buyer entity is named.

Six concrete steps for Texas outbound teams:

1. Subscribe to the FTC's National DNC Registry and the Texas DNC list separately. Confirm your data provider scrubs both. 2. Build one-to-one consent documentation that names your specific legal entity. Audit any third-party leads you buy against the same standard. 3. Set calling windows at 9 a.m. to 9 p.m. local time where the called party is, using time-zone mapping at the number level. 4. Subscribe to the FCC's Reassigned Numbers Database if you do any volume dialing to cell numbers. ^[6] 5. Store consent records, call logs, and DNC scrub logs for at least 24 months in a retrievable format. 6. Run an opt-out mechanism that processes SMS requests the same business day and voice requests before the next call.

None of these steps is expensive. Proper DNC scrubbing and consent records cost a small fraction of one small claims filing, let alone a class action. Spending money on compliance infrastructure is the correct economic call here, and anyone who tells you otherwise has not read the settlement numbers.

Frequently asked questions

Does the TCPA apply to business-to-business calls in Texas?

The federal TCPA's cell phone protections cover B2B calls when the number is a cell phone, because the statute protects the number, not the context. Texas Chapter 305 focuses on residential and personal mobile numbers, so pure B2B calls to landline business numbers carry less exposure. Calling a business owner's personal cell for commercial reasons still triggers TCPA scrutiny. The safer position: treat any mobile number as protected, business context or not.

Is prior express written consent always required for calls to Texas consumers?

Prior express written consent is required for marketing calls and texts to cell phones using an ATDS or prerecorded voice, under the FCC's 2012 order. Informational calls that are not marketing can use oral or written consent. Prerecorded marketing calls to landlines also need written consent. Live-agent marketing calls to landlines face a lower bar. Texas Chapter 305 adds its own consent requirement for automated calls, and courts read it as at least as strict as the federal standard.

What is the statute of limitations for a Texas TCPA claim?

The federal TCPA has a four-year statute of limitations under 28 U.S.C. § 1658. Texas Business & Commerce Code Chapter 305 claims fall under Texas's general consumer protection limitations period of two years. A federal TCPA claim can land up to four years after the offending call, so keeping records for at least four years is the conservative approach if you want to defend a federal suit.

Can someone sue you in Texas small claims court for a TCPA violation?

Yes. Texas Justice Courts handle claims up to $20,000. A single TCPA violation at $1,500 or a single Chapter 305 violation at up to $10,000 both fit inside that jurisdiction. Plaintiffs need no attorney to file. Serial plaintiffs use this route regularly because defendants often pay small settlements rather than spend time defending. Multiple small claims from one campaign add up quickly.

Does registering on the national DNC list also register a Texas number on the Texas DNC?

No. The national FTC Do Not Call Registry and the Texas state DNC list run by the Texas AG are separate registries. A consumer on the national list only is not automatically on the Texas list. As a caller, you scrub against both. Most commercial DNC vendors offer combined national and state scrubbing, but confirm it is included in your subscription before you rely on it.

What does 'established business relationship' mean under Texas Chapter 305?

Chapter 305 exempts calls to consumers you have an established business relationship (EBR) with, generally a prior transaction, inquiry, or application within an 18-month window (transactions) or a three-month window (inquiries) before the call. This mirrors the FTC Telemarketing Sales Rule EBR standard. The EBR expires when the window closes, and a consumer's DNC registration cancels the EBR exemption under Texas law.

Do the new FCC one-to-one consent rules apply to Texas callers specifically?

The FCC's January 2025 one-to-one consent rule applies to everyone using ATDS equipment or prerecorded messages to call or text U.S. cell phones, Texas callers included. It is a federal rule, so geography changes nothing. Texas Chapter 305 has no codified one-to-one requirement, but the practical effect is that if your consent fails the FCC standard, it likely fails Chapter 305 too.

How do robocall restrictions work for political campaigns in Texas?

Federal TCPA limits on prerecorded calls to cell phones apply to political calls the same way they apply to commercial ones. The exemption political callers lean on covers non-commercial calls to residential landlines. Calls or texts to cell phones for political purposes still require prior express consent. Texas Chapter 305 focuses on commercial telephone solicitations, so pure political messaging may fall outside its scope, but the federal cell phone restrictions still bite.

What happens if you call a Texas consumer who has registered on both the national and state DNC lists?

You face potential liability under both the FTC's Telemarketing Sales Rule (for the national list) and Texas Chapter 305 (for the state list), plus possible TCPA liability if an ATDS was used. The plaintiff or the Texas AG does not have to pick a theory. Both can be pursued. Courts usually will not stack every maximum penalty for a single call, but the aggregate exposure runs higher than a single-statute claim.

Are there any safe harbor provisions under Texas Chapter 305?

Texas Chapter 305 offers a limited safe harbor if the telemarketer kept written DNC compliance policies, trained staff on them, and made a good-faith effort to meet the list requirements. It resembles the FTC TSR safe harbor. The safe harbor does not cover willful violations or cases where the company knew of a DNC registration and called anyway. Good documentation of your compliance program is what lets you invoke it.

Does Texas have any law specifically about unwanted text messages separate from the TCPA?

Texas Chapter 305 covers both calls and texts used in telephone solicitations. Its ban on automated systems and its consent requirements apply to SMS and MMS, more than voice calls. There is no separate Texas statute aimed only at texts, so Chapter 305 and the federal TCPA together form the controlling framework for commercial text messages sent to Texas numbers.

How should a Texas business respond if it receives a TCPA demand letter?

Do not ignore it. Demand letters often come right before a filing, and an unresponsive defendant is harder to settle with cheaply. Pull records immediately to check whether the call happened, whether consent existed, and whether DNC scrubbing ran. Talk to a TCPA defense attorney before you respond. Admitting liability or floating a settlement without counsel can hurt your position. Most demand letters settle for a few hundred to a few thousand dollars when the facts are genuinely ambiguous.

What is the difference between the FTC Telemarketing Sales Rule and the Texas mini-TCPA?

The FTC's Telemarketing Sales Rule is a federal regulation enforced by the FTC that governs telemarketing sales practices, including the national DNC registry. Texas Business & Commerce Code Chapter 305 is a state statute enforced by the Texas AG and through private rights of action. The TSR is broader in commercial scope; Chapter 305 is Texas-specific and adds state-level enforcement. Both can apply at once, and compliance with one does not guarantee compliance with the other.

Sources

1. Cornell Law School, Legal Information Institute, 47 U.S.C. § 227: TCPA statutory damages of $500 per violation, trebled to $1,500 for willful violations; private right of action for consumers
2. Texas Legislature, Business & Commerce Code Chapter 305: Texas B&C Code Ch. 305 penalties up to $5,000 per violation and $10,000 per willful violation; 9 a.m. to 9 p.m. calling hours; prohibition on automated calls without consent
3. Texas Attorney General, Consumer Protection: Texas Attorney General consumer protection division oversees Texas telemarketing and do-not-call enforcement
4. FCC, Reassigned Numbers Database: FCC operates the Reassigned Numbers Database; callers can check whether a number has been reassigned before dialing to reduce TCPA liability
5. Texas Legislature, Business & Commerce Code Chapter 17 (DTPA): Texas DTPA prohibits false, misleading, or deceptive acts; allows treble damages for knowing or intentional violations
6. FTC, Telemarketing Sales Rule (16 CFR Part 310): FTC TSR requires telemarketers to maintain records for 24 months; calling hours 8 a.m. to 9 p.m.; governs national DNC registry compliance
7. Texas Legislature, Business & Commerce Code Chapter 304 (Telephone Solicitation): Texas B&C Code Ch. 304 establishes the Texas state DNC registry and registration requirements for telemarketers
8. FTC, National Do Not Call Registry: National DNC registry operated by the FTC; telemarketers must scrub against it; 31-day grace period to stop calling after registration