Telemarketing and Texting Compliance

Texas SB 140: Compliance Summary

What Changed

‘Telephone solicitation’ now includes calls, texts, graphic/image messages, and faxes.

Unsolicited texts, images, and transmissions to phone numbers are prohibited unless an exception applies.

Violations are now automatically considered deceptive trade practices under Texas law, making penalties costlier.

Consumers can sue and collect damages for each violation, even repeat ones.

Big Picture

Texas laws cover calls, texts, images, and faxes to promote services. Federal rules (Do-Not-Call, robocalls) also still apply.

If You Are Soliciting Business

Identify yourself, your company, and purpose immediately.

Allowed hours: 9 a.m.–9 p.m. Mon–Sat; noon–9 p.m. Sun.

Never hide caller ID; check the Texas No-Call List quarterly.

Texts are treated the same as calls.

Avoid autodialers or mass robotexting for cold outreach.

Maintain and honor a do-not-call/text list.

Actions to Consider

Maintain written procedures for calls/texts and compliance.

Scrub call lists against the Texas No-Call List quarterly.

Train staff to identify themselves and record opt-outs.

Register with the Texas SOS if you do high-volume prospecting; post certificate at calling location.

File required financial security (surety bond, LOC, or CD).

Exemptions

Current or recent clients (within 12 months).

Consumers who request contact or respond to ads with proper disclosures.

Some business-to-business calls.

Real estate license holders may be exempt if: no autodialer is used, there is a face-to-face presentation before payment, and consumer has not opted out.

Enforcement & Risk

Violations can lead to civil fines, criminal penalties, and consumer lawsuits under the Texas Deceptive Trade Practices Act (DTPA).

Narrow exception: if an error occurs despite written compliance procedures and use of updated No-Call List, it may not count as a violation.

⚠️ Always consult brokerage procedures and, when in doubt, review with legal counsel before prospecting.