Lead Generation Published

Do You Need to Check the Texas No-Call List?

Yes, if your follow-up is telemarketing. Texas bars calls and texts to listed numbers 60 days after they appear. What the list is, the exceptions and the penalties.

The short answer

Yes, if your follow-up counts as telemarketing to Texas consumers. Texas runs its own no-call list, and the Texas Telemarketing Disclosure and Privacy Act bars telemarketing calls to a number on that list more than 60 days after the number appears on it. Calls include texts to mobile numbers.

What the Texas no-call list is

You might think scrubbing against the national Do Not Call Registry covers you in Texas. The Texas list is a combined list. Under Business and Commerce Code Chapter 304:

  • Who runs it (304.051): the Public Utility Commission of Texas.
  • What's on it: Texas consumers who asked to be added, plus the Texas portion of the national registry.
  • When it updates: January 1, April 1, July 1 and October 1 each year.
  • The rule (304.052): no telemarketing call to a listed number more than 60 days after it appears on the current list.
  • How long entries last (304.053): three years from first publication, and they can be renewed.
  • Texts count (304.002): a "telephone call" includes a text or image sent to a mobile number.

If you already follow the federal rules, our post on do not call rules for lead follow-up covers that side.

When the list doesn't apply

Section 304.004 says the chapter doesn't apply to some calls, including:

  • Calls made by the consumer in response to a seller's solicitation.
  • Calls tied to an established business relationship. The law defines that as a voluntary two-way communication about a consumer good or service you offer that neither side has ended.
  • A business relationship that has ended, but only until the later of the first Texas list that includes the number or one year after the relationship ended.
  • Business-to-business calls, unless the business has asked you to stop.
  • Debt collection calls.

A lead who filled out your form and talked with you may fit the established relationship exception. A purchased list of strangers usually won't.

What a violation can cost

  • PUC (304.251): an administrative penalty of up to 1,000 dollars per violation.
  • Attorney General (304.252): a civil penalty of up to 1,000 dollars per violation, or up to 3,000 dollars if wilful or knowing.
  • Consumers (304.257): a listed consumer called more than once can sue on the second or later violation after notifying the caller and filing a complaint, with damages of up to 500 dollars per wilful or knowing violation.

The PUC must also adopt rules so an isolated call isn't a violation if you have adequate procedures in place (304.058).

How we'd set it up

Our suggestions, not legal requirements:

  1. Pull the Texas list each quarter and scrub within the 60-day window.
  2. Record how each lead reached you, so you can show the relationship if asked.
  3. Recheck older leads. Our post on the reassigned numbers database explains another check for stale numbers, and how long to keep consent records covers recordkeeping.

Want leads you don't have to chase? Ask about exclusive roofing and real-estate leads or competing auto seller enquiries through TX Lead Forge.

This is general information, not legal advice. Whether these rules apply to your calls depends on your situation, so check with your own attorney.

TX Lead Forge

Want exclusive, high-intent leads for your Texas business? Let's talk.

Contact Us →

More Articles