Texas · Federal and State Claims
Texas TCPA Lawyer: Robocalls, Spam Texts, and Do Not Call Violations
Consumers in Texas are protected by the federal Telephone Consumer Protection Act and, in appropriate cases, by Texas Telephone Solicitation Act. Section 305.053 provides an express private right of action for violations of the federal TCPA and its regulations.
Texas is unusual in providing a state-court private action that piggybacks directly on federal TCPA violations, giving consumers a forum choice.
This Texas summary is general information drafted from publicly available statutes and is pending final attorney verification. It is not legal advice. Statutes and citations change; confirm current authority before relying on any statement here.
Texas at a glance
- Principal state statute
- Texas Telephone Solicitation Act (Tex. Bus. & Com. Code Ann. §§ 302.001, 305.053)
- Private right of action
- Section 305.053 provides an express private right of action for violations of the federal TCPA and its regulations.
- Potential remedies
- State law may allow $500 per violation, trebled for knowing violations, in addition to federal TCPA damages.
- Calling hours
- Telemarketing calls are generally restricted to daytime hours; the federal rule bars solicitation calls before 8:00 a.m. or after 9:00 p.m. in the called party's time zone.
- Do Not Call rules
- Texas maintains a state No-Call List administered by the Public Utility Commission.
- State consumer protection act
- Texas Deceptive Trade Practices-Consumer Protection Act (Tex. Bus. & Com. Code Ann. § 17.41 et seq.)
Last legally reviewed: 2026-08-13. Federal claims are generally subject to a four-year limitations period; state limitations periods vary and may be shorter.
How federal and Texas claims work together
A single unwanted call or text can support more than one claim. The federal TCPA addresses how the communication was placed, including autodialed calls, prerecorded and artificial-voice messages, and calls to numbers on the National Do Not Call Registry. Texas Telephone Solicitation Act and the Texas Deceptive Trade Practices-Consumer Protection Act address conduct under Texas law and can add remedies. State law may allow $500 per violation, trebled for knowing violations, in addition to federal TCPA damages.
If you lived in or traveled through more than one state during the calling period, tell us. The state where you received each communication can change which statutes apply.
Evidence Texas consumers should preserve
- Screenshots of every text message, including your STOP reply
- Your call log showing dates, times, and incoming numbers
- Voicemails, especially prerecorded or artificial-voice messages
- Your National Do Not Call Registry registration date
- Any Texas state do-not-call registration, if applicable
- The name of the company, brand, or product being promoted
- Notes of when and how you asked the company to stop
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- Federal law provides $500 per violating call or text, up to $1,500 if willful
- Many states add their own telemarketing and do-not-call remedies
- There is no obligation to proceed
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