Texting & Voicemail Rules for Sales Reps in Texas
To text or send ringless voicemail to sales leads in Texas, you need prior express written consent (PEWC) under the federal TCPA (47 CFR 64.1200(f)(9)) — a purchased list is not consent. Send only during 8:00 AM – 9:00 PM at the recipient's local time, honor STOP opt-outs immediately, and include your business name. Texas's key statute is Tex. Bus. & Com. Code 302.001 et seq., and it carries a private right of action (recipients can sue directly). Texas also restricts storm/insurance-claim solicitation (see below).
By Ryan Madden, Founder, FollowUp AI · Updated June 16, 2026 · This is a general summary of common rules, not legal advice. Confirm specifics with counsel.
Texas SMS & voicemail compliance at a glance
| Consent for automated marketing | Prior express written consent (PEWC) — 47 CFR 64.1200(f)(9) |
|---|---|
| Quiet hours | 8:00 AM – 9:00 PM — Matches federal default |
| State EBR exemption | No state EBR exemption |
| State DNC registry | Yes — scrub against the state list |
| Private right of action | Yes — recipients can sue directly |
| Penalties | $1,000-$10,000/violation; DTPA treble damages + attorney fees for knowing violations |
| Storm / insurance-claim restriction | Public adjusters cannot solicit during progress of a loss-producing natural disaster. Contractors cannot advertise to adjust insurance claims. Tex. Ins. Code 4102.151, 4102.163. |
| Call-recording consent | One-party consent |
| Risk tier | Highest Risk |
| Key statute | Tex. Bus. & Com. Code 302.001 et seq. |
Notable Texas rules
- Text messages explicitly classified as telemarketing contacts
- DTPA overlay allows treble damages + attorney fees for knowing violations
- PUC registration required
Per-recipient timezone quiet hours, opt-out handling, and consent tracking — built in. Start free →
Frequently asked questions
Do I need consent to text sales leads in Texas?
Yes. Automated marketing texts (and ringless voicemail) require prior express written consent (PEWC) under the federal TCPA, 47 CFR 64.1200(f)(9), in every state including Texas. A purchased lead list is not consent.
What are the texting quiet hours in Texas?
In Texas, send marketing messages only 8:00 AM – 9:00 PM at the recipient's local time. Matches federal default
Is there a storm or insurance-claim solicitation ban in Texas?
Public adjusters cannot solicit during progress of a loss-producing natural disaster. Contractors cannot advertise to adjust insurance claims. Tex. Ins. Code 4102.151, 4102.163.
Can I be sued for texting violations in Texas?
Yes — Texas provides a private right of action, so recipients can sue you directly in addition to the federal TCPA ($500–$1,500 per violation).
Does an existing customer relationship (EBR) let me skip consent in Texas?
An EBR (18 months from a purchase, 3 months from an inquiry) only exempts you from the Do-Not-Call registry — it does not replace PEWC for automated marketing. You still need written consent to send automated texts or voicemail.
About the author. Ryan Madden is the founder of FollowUp AI, an SMS and ringless-voicemail follow-up platform for field sales teams, where he works on TCPA-aware outreach compliance. This is general information, not legal advice.