How to Stop Nuisance Calls in Texas

How to Stop Those Annoying Telemarketers and Get an Award of Monetary Damages Too (Texas Robocall Lawyer Post)

Americans received 58.9 billion robocalls  last year. And that total is up 22% from the year before!  President Trump signed into law the TRACED  Act in late December 2019 that gives greater enforcement power to the FCC but thus far, we haven’t seen a big decrease in illegal telemarketing calls. And the state that receives the most spam and unsolicited calls? Texas (actually California has the dubious honor of being tied for first).

Those calls have long been illegal under federal law. The Telephone Consumer Protection Act (TCPA) allows people who receive illegal telemarketing calls to sue. Each call can result in damages of between $500 and $1500. Receive a couple dozen unwanted calls and you could receive tens of thousands of dollars in damages.

Telephone Consumer Protection Act and National Do Not Call Registry

Federal law says that telemarketers and debt collectors can’t contact you without your consent. Calls are also illegal if you placed your name on the FTC’s Do Not Call Registry.

The law applies to:

  • Mobile phones and cell phones
  • Text messages
  • Fax machines (“junk faxes”)
  • Home Phones
  • Calls made by autodialers (robo calls)

You may have a case for damages and penalties if:

  1. A debt collector calls you between 9 pm and 8 am
  2. Debt collectors contact your workplace after you tell them to stop
  3. A debt collector fails to properly identify him or herself (more on that below)
  4. Telemarketers call you using an artificial voice or recorded message
  5. Telemarketers use auto dialing equipment to call you (virtually everyone uses this technology)
  6. Telemarketers make robocalls to you
  7. Telemarketers contact you if you are on the national do not call registry or if you asked to be placed on the company’s do not call list
  8. You receive unsolicited text messages
  9. A telemarketer calls your cell phone without your prior consent

To learn more, visit our Do Not Call and Nuisance Telemarketing Call information page.

Texas State Telemarketing Rules

There are a handful of states with their own laws about abusive telemarketing calls. One of the states is Texas. Residents on the Lone Star state received an estimated 6 billion calls last year.

The Texas law is very consumer friendly in that it has a broad definition of “telephone call.” Under the state’s law, telephone call includes junk faxes, text messages, and graphic images sent to mobile phones. The law also has a more restricted time window for telemarketers to call.

Under federal law, legal telemarketing calls are only permitted between 8:00 and 9:00 pm. The Texas law allows consumers an extra hour of sleep (8:00 am to 9:00 am) and no call until noon on Sundays.

Violations of the Texas telemarketing law can be criminally prosecuted by the local district or county attorney. Unfortunately, most prosecutors have more important crimes to investigate and prosecute. That means few telemarketers ever see the inside of a jail cell. (We bet it would certainly cut back on the number of illegal robocalls!)

Fortunately, the Texas Legislature anticipated that victims of robocalls when also need a civil remedy.  Texas residents receiving unsolicited or otherwise illegal marketing calls can sue for their actual damages or a fixed $500 per call. If the calls were made knowingly, the civil penalty jumps to triple actual damages or $1,500 per call.

How Do I Sue a Telemarketer?

We handle handling lawsuits on behalf of consumers who received unwanted calls from telemarketers, debt collectors, and other companies on their cell phones. As noted previously, under the TCPA, individuals must provide express consent to receive certain types of calls. They also have the right to tell telemarketers (including debt collectors) to stop calling.

In Texas, consumers may be able to collect between $500 and $1,500 under either Texas or federal law.

If you received unwanted telemarketing call, contact for us a free consultation. We can be reached online by email brian@mahanylaw.com or by phone 202-800-9791.  Cases accepted nationwide.

A word about Consent (TCPA and Written Consent)

Both the TCPA and Texas own telemarketing call rules require consent. But what constitutes consent?

Prior to placing robocalls or using automated dialers, telemarketers must receive the consumers’ consent. Calling or messaging a mobile number in Texas also requires consent.

Not only must there be consent but the TCPA says consent must be in writing (e signatures or clicking a box online qualify).

Companies are also not allowed to require consent as a condition to purchasing goods or service.

Who Are the Big Culprits in the Telemarketing World?

Consumers may be able to file lawsuits against the following types of institutions for placing robocalls:

  • Ocwen
  • Freedom Mortgage (We settled with Freedom in 2020 $9.5 million!)
  • Loan Depot (LoanDepot.com)
  • The Money Source
  • Wells Fargo
  • Edward Jones
  • GC Services
  • collection agencies
  • marijuana dispensaries (mostly spam text messages)
  • gyms and health clubs
  • security and alarm companies (ADT)
  • medical supply companies (Heritage Diabetic Supply)

Need more information? Visit these resources:

TCPA Robocall Information page

Illegal Call Recording – TCPA and CIPA (California Invasion of Privacy Act)

Junk Faxes

Mortgage Company Telemarketing Calls

If you received unwanted telemarketing call, contact for us a free consultation. We can be reached online by email brian@mahanylaw.com or by phone 202-800-9791.  Cases accepted nationwide

Text of the Texas Telemarketing Practices Law

PROHIBITED COMMUNICATIONS MADE FOR PURPOSE OF SOLICITATION

Sec. 305.001.  PROHIBITED TELEPHONE CALLS.  A person may not make a telephone call or use an automatic dial announcing device to make a telephone call for the purpose of making a sale if:

(1)  the person making the call or using the device knows or should have known that the called number is a mobile telephone for which the called person will be charged for that specific call;  and

(2)  the called person has not consented to the making of such a call to the person calling or using the device or to the business enterprise for which the person is calling or using the device.

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 305.002.  PROHIBITED FACSIMILE TRANSMISSIONS:  CHARGE TO RECIPIENT.  A person may not make or cause to be made a transmission for the purpose of a solicitation or sale to a facsimile recording device or other telecopier for which the person receiving the transmission will be charged for the transmission, unless the person receiving the transmission has, before the transmission, consented to the making of the transmission.

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 305.003.  PROHIBITED FACSIMILE TRANSMISSIONS:  HOURS OF TRANSMISSION.  A person may not make or cause to be made a transmission for the purpose of a solicitation or sale to a facsimile recording device after 11 p.m. and before 7 a.m.

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

SUBCHAPTER B.  ENFORCEMENT

Sec. 305.051.  INVESTIGATION.  (a)  On complaint of a called person that a person has violated Section 305.001, 305.002, or 305.003, the county or district attorney of the county in which the called person resides shall investigate the complaint and file charges if appropriate.

(b)  A telephone company serving the caller or called person is not responsible for investigating a complaint or keeping records relating to this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 305.052.  CRIMINAL PENALTY.  (a)  A person who violates Section 305.001, 305.002, or 305.003 commits an offense.

(b)  An offense under this section is a Class C misdemeanor.

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 305.053.  CIVIL ACTION.  (a)  A person who receives a communication that violates 47 U.S.C. Section 227, a regulation adopted under that provision, or Subchapter A may bring an action in this state against the person who originates the communication for:

(1)  an injunction;

(2)  damages in the amount provided by this section; or

(3)  both an injunction and damages.

(b)  A plaintiff who prevails in an action for damages under this section is entitled to the greater of:

(1)  $500 for each violation; or

(2)  the plaintiff’s actual damages.

(c)  If the court finds that the defendant committed the violation knowingly or intentionally, the court may increase the amount of the award of damages under Subsection (b) to not more than the greater of:

(1)  $1,500 for each violation; or

(2)  three times the plaintiff’s actual damages.

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