Texas-Specific Compliance for Lead Generators Under New 2025 FCC and TCPA Rules

The 2025 FCC and TCPA rules bring stricter federal regulations for lead generation, but businesses operating in Texas must also navigate unique state-specific laws. Texas has historically enforced consumer protection laws aggressively, and its requirements for telemarketing and consent collection add an additional layer of compliance for lead generators.

In this blog, we’ll explore the intersection of Texas regulations and the new FCC and TCPA rules, outlining best practices to keep your operations compliant and risk-free.

Key Highlights of the 2025 FCC and TCPA Rules

Before diving into Texas-specific laws, here’s a quick refresher on the 2025 updates:

1. Explicit Written Consent: Businesses must obtain clear, specific, and documented consent before communicating via calls, SMS, or automated outreach.
2. One-to-One Compliance: Consent must be tied to a specific business—no broad or shared permissions.
3. Audit-Ready Records: Consent must be stored and verifiable for compliance audits.
4. Strict Penalties: Violators face fines up to $1,500 per violation, with heightened penalties for repeated breaches.

🔗 Learn more about TCPA compliance: FCC TCPA Guidelines.

Texas Telemarketing and Consumer Protection Laws

In addition to the federal TCPA, Texas businesses must comply with:

1. Texas Business and Commerce Code (Section 305.053)

Texas law mirrors the TCPA but introduces additional penalties for telemarketing violations:

• Violators may face up to $500 per violation under Texas law, in addition to federal TCPA penalties.
• Consumers can pursue private lawsuits for unsolicited calls or texts.

Key Difference: Texas allows double penalties when state and federal violations occur simultaneously.

2. Texas No-Call List

Texas maintains its own state-specific Do-Not-Call (DNC) list, separate from the national registry.

Requirements:

• Businesses must verify leads against both the federal and Texas DNC lists.
• Calls to numbers on the Texas DNC list without explicit consent can result in severe penalties.
• Consumers can report violations to the Texas Attorney General’s Office.

Best Practice: Use compliance tools to cross-check leads with both the federal and Texas DNC registries.

3. Automatic Dialing Rules in Texas

The use of automated dialing systems (robocalls) without consent is strictly prohibited. Texas law adds these provisions:

• Callers must disclose their business name and contact details immediately.
• Businesses must maintain call logs for auditing purposes.
• Calling during restricted hours (before 9 AM or after 9 PM) is a violation.

Impact: Robocalls without proper consent can result in state-level lawsuits and combined penalties from both Texas and federal agencies.

How Texas Laws Intersect with Federal TCPA Regulations

1. Dual Penalties: Violations can trigger fines under both Texas law and the TCPA, doubling the financial impact.
2. DNC Compliance: Businesses must honor both state and federal Do-Not-Call lists, which require advanced lead verification tools.
3. Stringent Audits: Texas regulators enforce strict auditing, demanding verifiable proof of explicit consent for all communications.

Example:

If a lead generator calls a Texas resident on the state DNC list without explicit written consent, they could face:

• $500 under Texas law.
• Up to $1,500 under the federal TCPA.

Best Practices for Texas-Specific Compliance

To stay compliant under both federal and Texas laws, implement the following:

1. Obtain Explicit Written Consent

Ensure all consent forms:

• Clearly state the business name.
• Specify the purpose of communication (calls, texts, or emails).
• Capture timestamps and proof of consumer consent.

2. Verify Leads Against Both DNC Lists

Use automated tools to cross-check:

• The national Do-Not-Call Registry.
• The Texas state DNC list.

3. Implement Call-Time Restrictions

Avoid contacting Texas residents before 9 AM or after 9 PM local time.

4. Document and Audit Consent

Maintain a centralized system for storing:

• Consumer consent records.
• Call logs with timestamps.
• DNC verification details.

Internal Link: Learn how to maintain verifiable consent records: How to Ensure Explicit Consent in 2025.

5. Train Your Team

Educate your sales and marketing teams on:

• Texas-specific compliance rules.
• The importance of cross-referencing DNC lists.
• Proper scripting for calls and disclosures.

The Cost of Non-Compliance in Texas

Non-compliance with Texas laws and the 2025 TCPA rules can result in:

• Fines up to $2,000 per violation (state + federal penalties combined).
• Class-action lawsuits filed under Texas law.
• Investigations and audits from the Texas Attorney General.
• Reputational damage and loss of consumer trust.

Conclusion

With the 2025 FCC and TCPA rules coming into effect, lead generators operating in Texas must navigate an added layer of state-level regulations. By securing explicit consent, maintaining audit-ready records, and verifying leads against both state and federal DNC lists, businesses can ensure full compliance and avoid hefty penalties.

Texas-specific rules may be stricter, but they provide an opportunity to build trust, improve lead quality, and enhance consumer satisfaction.