Texas robocall laws: what every caller must know

Last updated 2026-07-10

What laws govern robocalls in Texas?

Texas robocall law runs on two tracks at once. State and federal. Neither one cancels the other, so you follow both.

The federal track is the Telephone Consumer Protection Act, 47 U.S.C. § 227, plus the FCC's rules at 47 C.F.R. Part 64. ^[1] The TCPA bars autodialed or prerecorded calls to cell phones without prior express written consent, restricts calls to residential lines, and runs the National Do Not Call Registry program.

The state track is mainly Texas Business and Commerce Code Chapter 305, the Texas Telemarketing Disclosure and Privacy Act. ^[2] It applies to telephone solicitations (recorded messages and automated calls included) made to Texas residents. Chapter 305 sets up the Texas No Call List, limits calling hours, and gives consumers their own right to sue.

There's also Texas Utilities Code § 55.122, which covers unsolicited telephone communications more broadly and hands the Public Utility Commission of Texas authority over some caller conduct. ^[3]

Call a Texas consumer and you answer to all of it. A call that dodges the TCPA can still break Chapter 305, and the reverse is true too. That stacked exposure is why this state deserves a close read.

For a full grounding in the federal statute, see our guide to tcpa law.

What counts as a robocall under Texas law?

Texas statute never uses the word "robocall." What it regulates is a "telephone solicitation" placed with an automated dialing and announcing device (ADAD) or a prerecorded message.

An ADAD under Texas law is equipment that stores or produces telephone numbers, dials them automatically, and often plays a recording. That tracks the FCC's autodialer definition, but the two aren't identical, and the gap matters after the Supreme Court's 2021 ruling in Facebook, Inc. v. Duguid, 141 S. Ct. 1163. ^[4] That decision narrowed the federal autodialer definition to systems that use a random or sequential number generator. Texas never wrote the same limit into its ADAD language, so state exposure for predictive-dialer use may run wider than federal exposure.

Prerecorded message calls count whether or not a live person also joins the call. If any part of the outbound message is recorded, it qualifies.

Text messages sit in a strange middle ground. The FCC treats SMS as a "call" under the TCPA. Texas is quieter on texts, but the Texas Attorney General has treated mass automated solicitation texts as falling inside Chapter 305. Send automated marketing texts to Texas numbers and you should assume both bodies of law apply. ^[2]

Exemptions exist for political organizations, nonprofits, and some survey or informational messages. They're narrower than most callers guess.

What are the Texas No Call List rules for robocalls?

Texas runs its own No Call List under Chapter 305, and it is a separate obligation from the federal registry. Telemarketers soliciting Texas consumers have to scrub against both the Texas list and the federal National Do Not Call Registry before they dial. ^[2]

The Texas list ties into the national registry through the FTC's system, but registering on one does not register the number on the other. Consumers add Texas numbers at texasnocall.com, and numbers stay listed until the consumer removes them.

Here's the scrubbing rule that trips people up. Telemarketers must scrub against the Texas list within 31 days before any campaign call. Miss that window and you've violated the rule on its own, whether or not the number you dialed was actually listed.

Established business relationship (EBR) rules apply. If a consumer bought from you within the past 18 months, or made an inquiry within the past 3 months, you can call even a listed number, as long as you meet the consent and disclosure rules. The EBR dies the second the consumer tells you to stop calling.

One wrinkle: Texas's 3-month inquiry window matches the federal FTC rule, but enforcement readings vary. ^[10] Lean on an inquiry-based EBR and you'd better document when the inquiry happened and what was said.

What consent is required before making a robocall to a Texas number?

Consent turns on two things: the kind of number you're dialing and the kind of message you're sending.

For calls or texts to cell phones using an ADAD or prerecorded message, the TCPA requires prior express written consent. ^[1] "Written" covers electronic signatures and typed opt-in checkboxes. The consent has to clearly authorize calls or texts from a named seller, for a stated purpose, and it can't be a condition of buying anything. The FCC put this in its 2012 order amending 47 C.F.R. § 64.1200, which took effect October 16, 2013. ^[8]

For prerecorded calls to residential landlines with no autodialer, the TCPA requires prior express consent, which can be spoken but must be documented.

Texas Chapter 305 stacks its own layer on top. Before a telephone solicitation, the caller must identify themselves and their employer, state the purpose of the call up front, and disclose the consumer's no-call rights. Skip those disclosures and that's a separate violation from calling without consent.

Here's the detail that catches teams flat. The FCC's one-to-one consent rule requires written consent for marketing calls and texts to name the specific seller. A general lead-gen form reading "I consent to receive calls from partners" doesn't cover any single company. ^[5] Texas leads gathered through shared opt-in forms need fresh, seller-specific consent before you dial.

Oral revocation has to be honored on the spot. A consumer says "stop calling" mid-call, and your duty to stop starts with that sentence, not after some processing window.

What are the time-of-day and other calling restrictions in Texas?

Texas Chapter 305 bans telephone solicitation calls before 9 a.m. or after 9 p.m. in the called party's local time. ^[2] For most of the state that's Central Time. The El Paso area runs on Mountain Time.

The federal rule at 47 C.F.R. § 64.1200(c)(1) uses an 8 a.m. to 9 p.m. window. Texas starts an hour later, at 9 a.m. The stricter state rule wins for Texas contacts.

Other Texas requirements:

• Callers must state their name, the business they represent, and the main purpose of the call at the start.
• Callers must give a phone number or address where the consumer can reach the business during the call.
• Texas law requires sellers making solicitation calls to send written confirmation of a sale within a set period if the consumer asks for it.

Abandonment limits mirror the federal standard. Callers using predictive dialers can't abandon more than 3% of answered calls (measured over 30 days), and an abandoned call has to play a recorded identification message within 2 seconds of the consumer's hello. ^[1]

What are the penalties for violating Texas robocall laws?

Texas penalties bite harder than most callers expect.

Under Texas Business and Commerce Code § 305.053, a consumer who gets an illegal telemarketing call can sue for up to $5,000 per violation. ^[2] Act knowingly or intentionally and the court can triple that, pushing the private-suit maximum to $15,000 per call.

The Texas Attorney General can pursue civil penalties up to $10,000 per violation for Chapter 305 breaches. ^[7] State enforcement leans toward pattern violators and high-volume operations, but smaller businesses have caught AG action too.

Federal exposure adds to it. The TCPA sets $500 per negligent violation and up to $1,500 per willful or knowing violation. ^[1] Class actions drive most federal enforcement, and Texas plaintiffs stay busy. Settlements against mid-size companies routinely reach into the millions.

Stack state and federal exposure and a single bad campaign that dials 10,000 unconsented numbers could run $5 million to $15 million before legal fees. The FTC and Texas AG have announced joint enforcement actions against robocall operations in that range.

Texas puts no per-campaign ceiling on penalties. Each call is a separate violation. Volume is the multiplier.

To check your compliance posture before a campaign, LeadCompliant's free TCPA tools let you verify consent records and scrub against DNC lists in one place.

How does the TCPA interact with Texas state law on robocalls?

The TCPA lets states impose stricter rules than federal law. 47 U.S.C. § 227(e) preserves state remedies. So where Texas is stricter than the TCPA, Texas law governs calls to Texas residents.

The main places Texas beats the federal baseline:

1. Calling hours: Texas starts at 9 a.m., not 8 a.m. 2. Disclosures: Texas demands specific upfront identity and purpose statements that go past the TCPA. 3. Per-violation penalties: Texas's $5,000 private right of action adds real weight to the TCPA's $500 to $1,500 range.

Where the TCPA is stricter (the written consent requirement for autodialed cell calls, for one), that standard applies on top of the Texas rules. You follow whichever rule protects the consumer more.

One spot of genuine ambiguity: how the Facebook v. Duguid narrowing of "autodialer" under the TCPA meets Texas's ADAD definition. ^[4] Plaintiff attorneys argue that systems failing the post-Duguid federal test can still be ADADs under Texas law, keeping state claims alive after federal claims fall. Litigation on this is active as of 2025, and no Texas appellate court has ruled definitively. If your dialer is modern and doesn't use a random or sequential number generator, talk to counsel before you assume Duguid shields you from Texas exposure.

Does Texas law cover robocall texts (SMS)?

This is the question most sales teams ask too late.

The TCPA's text covers "any telephone call," and the FCC has read that to include text messages since its 2003 declaratory ruling. ^[1] The 2015 TCPA Omnibus Declaratory Ruling reaffirmed that SMS sent via autodialer needs prior express written consent from cell phone recipients. ^[9]

Texas Chapter 305 frames its language around "telephone solicitations" and "telephone calls." The statute doesn't spell out a definition for texts, but the Texas AG's office has enforced against mass automated marketing texts as covered solicitations. Betting on a statutory gap to send unconsented bulk texts to Texas numbers is not a defensible position.

So the working answer is simple. Treat every automated marketing text to a Texas number as if both the TCPA and Texas Chapter 305 apply. Get written consent that names texts specifically. Process STOP requests without delay. Keep consent records at least 4 years, matching the federal statute of limitations for TCPA claims.

For how federal and state recording duties connect to your text and call workflows, see our guide to texas call recording laws.

What exemptions apply to Texas robocall rules?

Exemptions exist. They're narrower than callers assume, and assuming one applies without checking is a common way to land in court.

Exempt from Texas Chapter 305 telephone solicitation rules:

• Calls made in response to an express request from the person called.
• Calls tied to an existing debt or obligation (collections, loan servicing).
• Calls from tax-exempt nonprofits.
• Calls for political purposes.
• Calls to consumers with an established business relationship (inside the EBR window described earlier).

Exempt from specific TCPA restrictions:

• Informational calls to cell phones that aren't commercial or solicitation in nature (appointment reminders, fraud alerts, certain healthcare messages) can qualify under FCC rules, but these exemptions are category-specific with limits on time and frequency. ^[1]
• Emergency calls tied to an imminent health or safety risk.
• Government calls.

The EBR exemption gets abused the most. A consumer who bought from you 18 months ago hasn't handed you a license to robocall about new products forever. The EBR covers calls tied to that specific transaction. And once the consumer says stop, the EBR is gone.

Political robocalls (candidates, ballot measures, parties) are exempt from TCPA consent rules for residential landlines. They aren't exempt from everything. Autodialed or prerecorded political calls to cell phones still need prior express consent under the TCPA.

How do you stop robocalls under Texas law if you're a consumer?

Consumers have two main levers: registration and complaints.

To stop robocalls under Texas law, register your number on the Texas No Call List at texasnocall.com. Most numbers qualify. Registration takes effect within 31 days, the same window telemarketers have to scrub their lists. After that, legitimate telemarketers have to stop calling.

You can also register on the federal National Do Not Call Registry at donotcall.gov, run by the FTC. ^[6] Both registrations together give the widest coverage.

When calls keep coming after registration, file complaints with:

• The Texas Attorney General's office at texasattorneygeneral.gov. ^[7]
• The FTC at reportfraud.ftc.gov.
• The FCC through its Consumer Complaint Center.

Consumers who get calls violating Chapter 305 can also sue in state court for up to $5,000 per violation, no contingency lawyer required, though most who sue use attorneys. ^[2] The private right of action is real and gets used.

One honest caveat. The Texas No Call List and the DNC Registry only stop legitimate telemarketers who follow the law. Scammers and offshore robocallers ignore registries entirely. Complaints and lawsuits do little against an untraceable operation overseas. The legitimate-business threat is enforcement and private suits. The scam threat needs blocking tools at the carrier or device level.

What records must businesses keep for robocall compliance in Texas?

Recordkeeping is where enforcement cases are won and lost. Regulators won't take your word that consent existed.

For TCPA compliance, the FCC expects callers to retain records of prior express written consent for at least four years from the date of the last call or text. ^[1] That means the opt-in mechanism used (URL, paper form, recorded verbal consent), the timestamp, the number that consented, and the exact language the consumer agreed to.

For Texas Chapter 305, keep:

• Proof of No Call List scrubs (scrub date, list version, which numbers got suppressed).
• EBR documentation (transaction date, nature of the relationship, when it ended).
• Records of do-not-call requests and the date you processed each one.
• Caller ID data showing what number you transmitted on each campaign.

The four-year TCPA statute of limitations means you need four years of clean records. Plenty of companies fail audits not because they never got consent, but because they can't produce the proof.

One practical push. Don't store consent records only in your CRM. CRM data gets migrated, overwritten, or lost when platforms change. Keep a separate consent archive flagged as compliance documentation and backed up on its own.

For teams building a full process, the tcpa law guide covers the federal recordkeeping framework in detail.

What should a small outbound team do right now to comply with Texas robocall laws?

Here's what actually moves the needle for a small team.

Scrub every list before you dial. Run your contacts against the Texas No Call List and the federal DNC Registry, within 31 days of any campaign. This is the highest-ROI compliance step you have. It's cheap, it's documentable, and it wipes out a whole class of liability.

Audit your consent records. If you call or text cell phones, you need written consent that names your company. Using leads from a shared list or a third-party vendor? The FCC one-to-one consent rule almost certainly means those leads don't satisfy written consent for you. ^[5] A re-consent campaign hurts, but it costs far less than a class action.

Check your dialing technology. If you run a predictive dialer or any system that dials from a list automatically, ask your vendor how it works in light of Facebook v. Duguid. Get their position in writing. Save it.

Train your team on revocation. Every rep needs to know that "take me off your list" gets processed right then, not at the next weekly list update. Oral revocation binds you.

Build a simple do-not-contact list and check every number against it before each campaign. This catches people who never registered with Texas or the federal DNC but told you directly to stop.

The LeadCompliant compliance kit bundles the DNC checker, consent audit template, and campaign scrub workflow into one download if you want a head start.

For how these rules tie into recording duties on the calls you do make, read our piece on texas call recording laws.

Frequently asked questions

Is it illegal to make robocalls in Texas?

Yes, under specific conditions. Robocalls to Texas residents without prior express written consent (for cell phones), during prohibited hours, or to numbers on the Texas No Call List violate Texas Business and Commerce Code Chapter 305 and often the federal TCPA. Penalties reach $5,000 per call for consumers suing privately and $10,000 per violation for Texas AG enforcement. Legitimate commercial robocalls are legal if consent and disclosure rules are followed.

What is the Texas No Call List and how is it different from the federal DNC?

The Texas No Call List is a state-level do-not-call registry under Texas Business and Commerce Code Chapter 305. Consumers register at texasnocall.com. The federal National Do Not Call Registry is run by the FTC and covers the whole country. Registering on one does not register you on the other. Telemarketers calling Texas residents must scrub against both lists within 31 days before any campaign.

Do Texas robocall laws apply to text messages?

Effectively yes. The FCC has consistently held that SMS texts are "calls" under the TCPA since 2003. Texas Chapter 305 focuses on telephone solicitations, and the AG's office has treated mass automated marketing texts as covered. Any automated marketing text to a Texas number should be treated as subject to both the TCPA's written consent requirement and Texas disclosure and no-call rules.

What hours can I make telemarketing calls to Texas residents?

Texas law restricts telephone solicitation calls to between 9 a.m. and 9 p.m. in the consumer's local time zone. This is one hour stricter than the federal TCPA floor of 8 a.m. Most of Texas uses Central Time. El Paso and surrounding areas observe Mountain Time. Always use the consumer's local time, not yours.

How much can someone sue me for an illegal robocall in Texas?

Under Texas Business and Commerce Code § 305.053, a consumer can sue for up to $5,000 per violation. If you acted knowingly or intentionally, courts can award three times that amount, up to $15,000 per call. Federal TCPA claims run separately at $500 per negligent violation or $1,500 per willful violation. Both sets of claims can be brought at once.

Does an established business relationship let me ignore the Texas No Call List?

It provides a limited exemption. You can call a Texas consumer on the No Call List if you have a transaction-based relationship from the past 18 months or an inquiry-based relationship from the past 3 months, and the call relates to that relationship. The exemption ends immediately if the consumer asks you to stop calling. Document EBR dates carefully because the burden of proving it falls on you.

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

Texas Chapter 305 requires that callers identify themselves by name, identify the business they represent, and state the primary purpose of the call at the start of every telephone solicitation. You must also provide a phone number or address where the consumer can reach the business. Failing to make these disclosures is a separate violation from any consent or DNC issue.

Does Facebook v. Duguid affect Texas robocall law?

It affects the federal TCPA side. The Supreme Court's 2021 ruling in Facebook v. Duguid narrowed the federal autodialer definition to systems that use random or sequential number generators. Texas's ADAD definition was not explicitly narrowed by that ruling, so some plaintiff attorneys argue Texas claims survive even when federal TCPA claims are dismissed post-Duguid. No Texas appellate court has settled this question definitively as of 2025.

What is the FCC's one-to-one consent rule and does it apply to Texas calls?

The FCC's one-to-one consent rule requires that written consent for marketing calls and texts identify the specific seller making the call, more than a category of businesses. A blanket opt-in on a shared lead form no longer satisfies TCPA consent for any individual company. This applies to all cell phone contacts in every state, including Texas. Leads generated through aggregator forms should be re-consented before use.

How long must I keep consent records for robocall compliance in Texas?

The TCPA statute of limitations is four years, so you should retain written consent records for at least four years from the date of the last call or text to that number. Records should include the opt-in mechanism, timestamp, phone number, and specific consent language. Texas Chapter 305 doesn't set a different retention period, but four years covers you for both federal and state exposure.

Are political robocalls exempt from Texas law?

Political calls are exempt from Texas Chapter 305's telephone solicitation rules and are also exempt from TCPA consent requirements when made to residential landlines. However, autodialed or prerecorded calls to cell phones for political purposes still require prior express consent under the TCPA. The exemption does not cover cell phones. This catches a lot of political campaign vendors off guard.

What agency enforces Texas robocall laws?

The Texas Attorney General's Consumer Protection Division enforces Texas Business and Commerce Code Chapter 305 and can pursue civil penalties of up to $10,000 per violation. Consumers can also bring private suits under the statute. At the federal level, the FTC enforces DNC Registry rules and the FCC enforces the TCPA. All three agencies can pursue violations from the same campaign simultaneously.

Can I robocall a Texas number if they opted in to receive calls?

Yes, provided the consent meets the required standard. For autodialed or prerecorded calls to cell phones, the TCPA requires prior express written consent that names your company specifically and authorizes calls or texts for the type of content you plan to send. Consent can't be a condition of purchase. Document everything. A vague checkbox buried in terms of service is unlikely to hold up in litigation.

Sources

1. FCC, Telephone Consumer Protection Act (47 U.S.C. § 227) and implementing rules at 47 C.F.R. Part 64: TCPA requires prior express written consent for autodialed or prerecorded calls to cell phones; sets $500 per negligent violation and $1,500 per willful violation; treats SMS as calls; bans calls before 8 a.m. or after 9 p.m.; limits abandoned call rate to 3%.
2. Texas Legislature, Texas Business and Commerce Code Chapter 305 (Telemarketing Disclosure and Privacy Act): Chapter 305 establishes the Texas No Call List, prohibits telephone solicitations before 9 a.m. or after 9 p.m., requires caller identification disclosures, and provides a private right of action for up to $5,000 per violation ($15,000 for knowing/intentional violations).
3. Texas Legislature, Texas Utilities Code § 55.122: Texas Utilities Code § 55.122 addresses unsolicited telephone communications and grants the Public Utility Commission of Texas jurisdiction over certain caller conduct.
4. U.S. Supreme Court, Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021): The Supreme Court held in 2021 that the TCPA's autodialer definition covers only systems that use a random or sequential number generator to store or produce phone numbers, narrowing federal TCPA autodialer claims.
5. FCC, Report and Order on one-to-one consent (Targeting and Eliminating Unlawful Text Messages and Robocalls, FCC 23-107): FCC rules require that written TCPA consent for marketing calls and texts identify the specific seller, closing the lead-generator aggregator loophole.
6. FTC, National Do Not Call Registry: Consumers can register phone numbers on the National Do Not Call Registry at donotcall.gov; telemarketers must scrub against this registry alongside state registries.
7. Texas Attorney General, Consumer Protection Division: The Texas AG's Consumer Protection Division enforces Chapter 305 and can pursue civil penalties up to $10,000 per violation against telemarketers violating Texas robocall rules.
8. FCC, 2012 Amendment to 47 C.F.R. § 64.1200 (prior express written consent requirement): The FCC's 2012 order amended its TCPA rules to require prior express written consent for autodialed or prerecorded marketing calls to cell phones, effective October 16, 2013.
9. FCC, 2015 TCPA Omnibus Declaratory Ruling and Order (FCC 15-72): The 2015 FCC Omnibus Ruling reaffirmed that SMS text messages are covered as calls under the TCPA and clarified consent revocation rights.
10. FTC, Telemarketing Sales Rule, 16 C.F.R. Part 310: The FTC's Telemarketing Sales Rule establishes the established business relationship windows: 18 months for transactions and 3 months for inquiries.