Texas Mini-TCPA Law – FAQs for Marketing Texts
As we reported earlier this summer, a bill (S.B. 140) was recently enacted in Texas that amends the state’s telemarketing law ( TX BUS & COM T.10, Chap. 301-306 ) to 1) expand the definition of “telephone solicitation” to include text messages, 2) create a broad private right of action through a hook to the state’s Deceptive Trade Practices Act (DTPA), and 3) explicitly provide for successive recoveries by or on behalf of the same individual. With the effective date of S.B. 140 fast approaching, many text marketers may be wondering what these changes mean and how to implement them. Here, we address some of the most common questions and outline key takeaways for businesses. Click on any question to jump directly to the answer. How does S.B. 140 change the scope of Texas’s telemarketing law? What does this mean for companies engaged in text marketing? I am a text marketer – do I have to register with the Texas Secretary of State? Does ...