On June 20, 2025 – Governor Abott signed into law Texas Bill SB140 – as TCPAWorld previously reported the Texas-sized bill drastically amends the Texas Mini-TCPA statute – the Texas Business & Commerce Code (“TBCC”) by creating a private right of action under the Deceptive Trade Practices act that provides triple-stacked liability, extends the definition of telephone solicitations to cover text messages, and gives an open door to serial lawsuits.
The new law will take effect on September 1, 2025.
So for those who are making telemarketing calls or text messages in the Lone Star State – here’s what you need to know right now:
- Private Right of Action Automatically Afforded Under Deceptive Trade Practices Act (“DTPA”): The new Texas Law creates a NEW private right of action under the DTPA for telemarketing violations – such as noncompliance with call-hour restrictions, failure to register, ignoring opt out requests, and using prohibited automated dialing or announcing devices (“ADAD”). Under the DTPA, consumers can seek treble damages, mental anguish awards and attorney’s fees – substantially increasing the potential exposure for a Texas telemarketing violation. The bill explicitly states that these chapters should be “liberally construed” to protect folks against false, misleading, or deceptive practices in telephone solicitation and telemarketing.
- Expanded Definition of “Telephone Call” and “Telephone Solicitation”: A telemarketing call no longer only includes a voice call – it now includes text messages, images, graphics messages, or other electronic transitions initiated by a seller to induce a person to purchase, rent, claim, or receive an item. So the ambiguity in Texas is over – SB140 brings SMS, MMS, or other visual solicitations within the scope of the TBCC.
- Private Right of Action for Repeat Claims: The new law clarifies that multiple legal recoveries for the same violation will not limit future recovery. Expect to see even more aggressive, serial litigants and filings in Texas!
You can see the new amendments here:
Now the TBCC is already a hotly litigated statute in Texas and particularly appealing to serial plaintiffs – – especially because of Texas’ registration requirements with a $5,000 per violation penalty. If you are operating in or contacting consumers in Texas, its critical to keep in mind:
- Private Right of Action Under TBCC: Currently, under Section 304.052 of the TBCC, consumers do have a private right action for violations of Texas’s DNC and ADAD regulations – however this right is limited by procedural requirements. Before filing a lawsuit, a consumer must file a complaint to either the Texas Public Utility Commission, the Texas Attorney General, or any state agency. If the agency subsequentially initiates its own civil enforcement action in response, the consumer cannot pursue their claim for damages. If the consumer fails to file such a complaint – or cannot prove that the agency declined to act – their privacy action under the TBCC is barred. But with the NEW added private right of action under the DTPA it appears consumers can bypass those procedural barriers and bring claims directly for telemarketing violations – including for DNC violations, ADAD use, and text messages – without having to first go through a state agency. Expect to see a surge in private lawsuits in Texas now permitting treble damages, attorney’s fees and mental anguish claims.
- Triple-Stacked Liability? TCPA + Mini-TCPA + DTPA: Texas already allows for what appears to be dual recovery under both the TCPA and TBCC. While real TCPAWorld dwellers understand that double recovery for the same violation under both state and federal law should be impermissible, (See the Czar’s masterful win in Masters v. Wells Fargo, 12-CA-376-SS (W.D. Tex. Jul. 11, 2013), some Texas courts have erroneously held that a violation of the TCPA constitutes an automatic violation of the TBCC. So that means a TCPA violation in Texas can cost you not $500.00 but $1,000.00. Automatically. And every time. And now layer on top potential DTPA damages!
- Texas Registration Requirements: Section 302.101 of the TBCC requires sellers to hold a registration certification if making telephone solicitations from Texas or to a purchase in Texas. Violations of this provision will cost you $5,000 a pop – however note the registration requirement does have a bunch of exemptions folks can leverage.
Everything is indeed bigger in Texas.
Texas is supposed to be famously pro-business but these new amendments to its mini-TCPA law massively expands the reach of the statute and opens the door to a rash of new lawsuits against unsuspecting businesses big and small. This is a huge gift to plaintiff’s attorneys who may had the doors to federal courthouses closed on similar claims.