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).
| 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. |
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.
In Texas, send marketing messages only 8:00 AM – 9:00 PM at the recipient's local time. Matches federal default
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.
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).
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.