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Significant Telemarketing Bill Awaits Governor’s Signature
Category: Texas
SB140 await Governor Abbott’s his signature — which will drastically broaden Texas’ telemarketing statute. If signed the new telemarketing law has an effective date of September 1, 2025.
SB140 if signed by the governor would amend the existing Texas Business & Commerce code including:
- Broadens the definition of “telephone call” and “telephone solicitation” to include texts, image messages, and other transmissions aimed at selling;
- Adds clarifying language around a consumer’s ability to recoup damages under the statute multiple times: “[t]he fact that a claimant has recovered under a private action arising from a violation of this chapter more than once may not limit recovery in a future legal proceeding in any manner”; and
- Allows for a private right of action under the Texas Deceptive Trade Practices and Consumer Protection (DTPA) for failing to abide by call time hours, failing to register as a telemarketer or not honoring opt out requests.
- Adds a private right of action for either economic damages or damages for mental anguish and makes the use of an automatic dialing announcing devise will also be enforceable under the DTPA.
Read enrolled bill here.
