Texas Telemarketing and Cold Calling Laws
In Texas, sales calls are allowed 9 a.m.–9 p.m. Monday–Saturday and noon–9 p.m. Sundays, the state enforces a do-not-call list, and recording a call needs one party’s consent.
Texas rules next to federal law
| Rule | Texas | Federal baseline |
|---|---|---|
| Calling hours | Unsolicited consumer sales calls to residential numbers may be made only 9 a.m. to 9 p.m. Monday through Saturday and noon to 9 p.m. on Sunday (calls at the consumer's request, about an existing debt or contract, or to someone with a prior or existing business relationship are exempt). Prerecorded ADAD solicitation calls follow the same window.Tex. Bus. & Com. Code § 301.051; Tex. Util. Code § 55.125 | Telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time.47 C.F.R. § 64.1200(c)(1) |
| State do-not-call list | The PUC's Texas no-call list combines Texans' state sign-ups with the Texas portion of the National Do Not Call Registry and is published quarterly; telemarketers may not make telemarketing calls to a listed number more than 60 days after it appears on the current list. Entries last three years and may be renewed.Tex. Bus. & Com. Code §§ 304.051 to 304.053 | No telephone solicitations to residential or wireless numbers on the National Do Not Call Registry, subject to the rule’s exemptions such as an established business relationship.47 C.F.R. § 64.1200(c)(2) |
| Autodialer and consent | A sales call, live or by ADAD, may not be made to a mobile number where the called person is charged for that call unless that person consented. Prerecorded ADAD calls also require a PUC permit and written notice to the carrier, may not use random or sequential dialing, must state the call's nature, caller and call-back number within 30 seconds, and must disconnect within 5 seconds of hang-up.Tex. Bus. & Com. Code § 305.001; Tex. Util. Code §§ 55.123 to 55.130 | Autodialed or prerecorded telemarketing calls to wireless numbers need the called person’s prior express written consent.47 C.F.R. § 64.1200(a)(2) |
| Caller ID | Telemarketers may not block their number, interfere with caller ID, fail to transmit caller ID when able to, or send misleading caller ID or otherwise misrepresent where a call comes from. Showing the name and number of the seller on whose behalf the call is made is allowed.Tex. Bus. & Com. Code § 304.151 | Telemarketers must transmit caller ID with a number that can be called back during business hours.47 C.F.R. § 64.1601(e) |
| Telemarketer registration | Unless an exemption in §§ 302.053 to 302.061 applies, a seller must hold a Secretary of State registration certificate for each business location before making telephone solicitations (including texts) from Texas or to Texas purchasers: $200 annual filing fee, $10,000 bond or other security, and quarterly salesperson addenda. Using a prerecorded ADAD also needs an annual PUC permit (original fee up to $500, renewal up to $100).Tex. Bus. & Com. Code §§ 302.101 to 302.107; Tex. Util. Code §§ 55.129 to 55.131 | No general federal equivalent |
| Call recording consent | It is a defense to the wiretap offense that the person recording is a party to the call or one party gave prior consent, unless the purpose is an unlawful act.Tex. Penal Code § 16.02(c)(4) | Federal law allows recording when one party to the call consents.18 U.S.C. § 2511(2)(d) |
| Business-to-business calls | Chapter 304 (Texas no-call list and caller-ID rules) does not apply to calls between a telemarketer and a business, other than fax solicitations, unless the business has told the telemarketer it does not want calls; the § 301.051 hours rule covers only consumer calls to residential numbers. Chapter 302 registration has no general B2B exemption: it exempts only sales to businesses that will resell the item or use it in manufacturing, recycling, reuse or remanufacturing.Tex. Bus. & Com. Code §§ 304.004(3), 301.001(4), 302.056 | No general federal equivalent |
Recent changes
- 2025: SB 140 (Acts 2025, ch. 964), effective Sept. 1, 2025, made 'telephone solicitation' in Chapter 302 include text, graphic and image messages (so text-message marketers need Secretary of State registration unless exempt), made violations of Chapters 304 and 305 deceptive trade practices enforceable through DTPA private actions, and provided that earlier recoveries do not limit later claims.
Calling Texas from a sales team
- Schedule call blocks in the prospect’s local time, not the rep’s.
- Check numbers against the National Do Not Call Registry and the Texas list before each campaign, and honor opt-outs right away.
- If a call may cross into an all-party state, announce the recording anyway.
Trellus dials from the CRM list your reps already work, with each call logged back to the record. See the power and parallel dialer.
Texas calling questions
What are the legal calling hours in Texas?
Unsolicited consumer sales calls to residential numbers may be made only 9 a.m. to 9 p.m. Monday through Saturday and noon to 9 p.m. on Sunday (calls at the consumer's request, about an existing debt or contract, or to someone with a prior or existing business relationship are exempt). Prerecorded ADAD solicitation calls follow the same window. (Tex. Bus. & Com. Code § 301.051; Tex. Util. Code § 55.125). Federal law also limits telephone solicitations to 8 a.m. to 9 p.m. local time.
Does Texas have its own do-not-call list?
The PUC's Texas no-call list combines Texans' state sign-ups with the Texas portion of the National Do Not Call Registry and is published quarterly; telemarketers may not make telemarketing calls to a listed number more than 60 days after it appears on the current list. Entries last three years and may be renewed. (Tex. Bus. & Com. Code §§ 304.051 to 304.053)
Is Texas a one-party or all-party consent state for recording calls?
It is a defense to the wiretap offense that the person recording is a party to the call or one party gave prior consent, unless the purpose is an unlawful act. (Tex. Penal Code § 16.02(c)(4))
Do Texas telemarketing rules apply to business-to-business calls?
Chapter 304 (Texas no-call list and caller-ID rules) does not apply to calls between a telemarketer and a business, other than fax solicitations, unless the business has told the telemarketer it does not want calls; the § 301.051 hours rule covers only consumer calls to residential numbers. Chapter 302 registration has no general B2B exemption: it exempts only sales to businesses that will resell the item or use it in manufacturing, recycling, reuse or remanufacturing. (Tex. Bus. & Com. Code §§ 304.004(3), 301.001(4), 302.056)
Do telemarketers need to register in Texas?
Unless an exemption in §§ 302.053 to 302.061 applies, a seller must hold a Secretary of State registration certificate for each business location before making telephone solicitations (including texts) from Texas or to Texas purchasers: $200 annual filing fee, $10,000 bond or other security, and quarterly salesperson addenda. Using a prerecorded ADAD also needs an annual PUC permit (original fee up to $500, renewal up to $100). (Tex. Bus. & Com. Code §§ 302.101 to 302.107; Tex. Util. Code §§ 55.129 to 55.131)
This page summarizes Texas and federal rules for general information. It is not legal advice, rules change, and exemptions depend on the facts of your calls. Read the cited sources or ask counsel before relying on it.