Understanding Texas’s Mini-TCPA: A Guide for Businesses Navigating Automated Communications

Posted by Sentient Law on January 26, 2026

In an era where automated calls, texts, and faxes are staples of business communication, staying compliant with telemarketing regulations is crucial. While the federal Telephone Consumer Protection Act (TCPA) sets the national standard, Texas has its own “mini-TCPA” that adds layers of state-specific protections for consumers. As a Texas-based business owner or legal professional, understanding this law can help you avoid costly penalties and maintain strong customer relationships.

At Sentient Law, we specialize in guiding businesses through complex regulatory landscapes like this. In this post, we’ll break down Texas’s mini-TCPA, its key requirements, differences from the federal law, and practical tips for compliance. Whether you’re in Austin, or anywhere else in the Lone Star State, this guide is tailored for you.

What is Texas’s Mini-TCPA?

Texas’s mini-TCPA, formally known as the Texas Telemarketing Disclosure and Registration Act (codified in the Texas Business & Commerce Code, Chapter 304), was enacted to provide additional safeguards against intrusive telemarketing practices. Often referred to as a “mini-TCPA” because it mirrors aspects of the federal TCPA (47 U.S.C. § 227), it specifically targets unsolicited communications via telephone, fax, or text.

The law aims to protect Texas residents from unwanted solicitations while allowing legitimate businesses to reach out ethically. It applies to both intrastate (within Texas) and interstate communications, but its enforcement is particularly stringent for calls and messages originating or received in the state.

Key trigger: The mini-TCPA kicks in for any “telemarketing” activity, defined broadly as initiating or receiving telephone calls or texts for the purpose of inducing a purchase, rental, or investment in goods or services.

Key Provisions of the Texas Mini-TCPA

Texas’s law builds on federal protections but introduces unique elements. Here’s a rundown of the essentials:

1. Prohibited Practices

• Automated Dialing Systems and Prerecorded Messages: Like the federal TCPA, Texas prohibits using automatic dialing systems (ADS) or artificial/prerecorded voices to call or text residential lines without prior express consent. This includes robocalls and robotexts.
• Unsolicited Faxes: Sending fax advertisements without the recipient’s prior permission is banned. Businesses must include opt-out notices on any faxes sent with consent.
• Do-Not-Call Lists: Texas maintains its own Do-Not-Call (DNC) registry, separate from the national one. You cannot call or text numbers on this list for telemarketing purposes, even if you have an established business relationship (unlike some federal exceptions).
• Caller ID Spoofing: Misrepresenting your caller ID to disguise the true origin of a call is illegal.

2. Consent Requirements

• Prior Express Written Consent: For marketing calls or texts using ADS or prerecorded messages, you need written consent from the recipient. This must be clear, specific, and documented (e.g., via an opt-in form on your website).
• Revocation of Consent: Consumers can revoke consent at any time, and businesses must honor “stop” requests in texts within a reasonable timeframe (typically 10 business days under federal guidelines, but Texas emphasizes prompt action).

3. Disclosure and Registration

• Telemarketer Registration: Companies engaging in telemarketing must register with the Texas Attorney General’s office and pay a fee. This includes providing details about your business practices.
• Required Disclosures: At the start of any telemarketing call, you must disclose your identity, the purpose of the call, and that it’s a sales call. For prerecorded messages, include your name, address, and a toll-free number for opt-outs.

4. Differences from the Federal TCPA

While the federal TCPA applies nationwide and allows class-action lawsuits with statutory damages up to $1,500 per violation, Texas’s mini-TCPA focuses more on state enforcement. Key distinctions:

• Scope: Federal law covers wireless numbers more broadly, but Texas emphasizes intrastate calls and its DNC list.
• Penalties: Texas allows for civil penalties of up to $2,000 per violation, enforced by the Attorney General, plus actual damages. Private lawsuits are limited compared to federal law.
• Exemptions: Non-profits and certain political calls have broader exemptions federally, but Texas requires stricter compliance for all entities.
• Text Messages: Both laws cover texts, but Texas has been aggressive in recent enforcement against SMS marketing scams.

Recent updates (as of 2025) have aligned Texas more closely with federal interpretations, especially post-FCC rulings on “autodialer” definitions, but state courts often interpret ambiguities in favor of consumers.

Potential Penalties and Enforcement

Non-compliance can be expensive. The Texas Attorney General can impose fines of $100–$2,000 per violation, and repeated offenses may lead to injunctions or business shutdowns. In 2024 alone, Texas AG investigations resulted in over $5 million in settlements for TCPA violations.

Consumers can also file complaints directly with the AG’s office, triggering investigations. For businesses, the reputational hit from lawsuits or bad press can be just as damaging.

Practical Tips for Texas Businesses to Stay Compliant

Navigating these rules doesn’t have to be overwhelming. Here are actionable steps:

1. Scrub Your Lists Regularly: Use tools to check against the Texas and national DNC registries. Services like those from the Direct Marketing Association can automate this.
2. Obtain and Document Consent: Implement clear opt-in mechanisms on your website, apps, or forms. For example, include checkboxes like: “I consent to receive marketing texts from Sentient Law at this number.”
3. Train Your Team: Ensure sales and marketing staff understand the rules. Provide scripts for live calls and automated messages with opt-out instructions.
4. Monitor Technology: If using CRM software or autodialers, confirm they comply with TCPA standards. Avoid “predictive dialers” unless they don’t qualify as ADS under recent FCC guidance.
5. Handle Opt-Outs Promptly: Set up automated systems to process “STOP” texts immediately and suppress those numbers from future campaigns.
6. Consult Legal Experts: Laws evolve—stay updated via resources like the Texas AG website or legal counsel. At Sentient Law, we offer audits and compliance programs tailored to Texas businesses.

Why This Matters for Your Business

In a state as business-friendly as Texas, ignoring mini-TCPA rules can lead to regulatory headaches that distract from growth. With the rise of digital marketing, more companies are at risk of inadvertent violations. By prioritizing compliance, you not only avoid fines but also build trust with customers who value respectful communication.

If you’re an entrepreneur or part of a larger firm, remember: Texas’s mini-TCPA is designed to protect consumers without stifling legitimate outreach. Proactive steps today can save you tomorrow.

Ready to Ensure Compliance?

At Sentient Law, we’re here to help Texas businesses like yours navigate telemarketing laws with confidence. Whether you need a compliance audit, contract reviews, or representation in AG investigations, our team has the expertise. Contact us today at 512-430-1150 or book a free consultation here: https://calendly.com/sentientlaw/free-consultation

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for your specific situation.