Texas TCPA Litigation Trends and Mini-TCPA Insights

Texas TCPA Litigation: A Growing Trend

Texas has become a popular state for filing TCPA lawsuits. In 2025 alone, there were about 250 TCPA cases in federal courts and over 200 in state courts. Among states with their own TCPA laws, Texas ranks second, right after Florida.

Understanding the Texas Mini-TCPA

A big reason for Texas’ popularity is the Texas mini-TCPA. This law allows individuals to take private legal action. Before changes were made, plaintiffs could only sue if they followed a complicated process. However, even with its limits, the chance to win extra damages made Texas appealing for lawsuits.

Combining Claims for Better Outcomes

Plaintiffs often mix federal TCPA claims with those under the Texas mini-TCPA. They usually claim a company did not register properly before making solicitation calls. Under the Texas mini-TCPA, a person can win up to $5,000 for each violation, in addition to what they might recover through the federal TCPA.

Recent Changes to the Texas Mini-TCPA

In June 2025, Texas made changes to the mini-TCPA with the passing of SB140. These amendments, which started on September 1, 2025, introduced three important updates.

Constitutional Challenge Filed

On the day the changes took effect, EIA filed a lawsuit claiming the new registration rules were unconstitutional. They argued that the amendments would wrongly force businesses sending consented text messages to register as telemarketers.

The State’s Response

Surprisingly, on September 26, 2025, the State argued that messages sent with consent were not covered by the new rules. They stated that these messages do not fall under the updated definition of “telephone solicitation.”

Settlement Reached Over TCPA Amendments

On November 6, 2025, a settlement was reached between the State and EIA. This agreement addressed the constitutional issues raised about the Texas mini-TCPA amendments. The settlement had two main parts:

• The Texas Secretary of State will clarify that businesses sending consent-based text messages do not need to register as telemarketers.
• The Texas Secretary of State will ask the Texas Attorney General to issue a formal letter stating that companies sending consent-based texts are not subject to registration rules.

Impact of the Settlement on Companies

This settlement is a big win for companies sending consent-based marketing texts. It offers assurance that the Texas Attorney General will not go after these companies for registration issues. However, the Attorney General can change their position at any time.

A Strong Defense Against Lawsuits

The settlement gives companies a solid defense against private lawsuits claiming registration violations for consent-based texts. Before this agreement, there was a risk of numerous lawsuits against companies that had consent to send messages. Now, the view from the Texas authorities is clear: registration is not needed for consent-based texts.

Remaining Risks Under the Texas Mini-TCPA

Even with this settlement, the Texas mini-TCPA still has other traps. Sections 304 and 305 cover important areas like Do-Not-Call lists and caller ID for telemarketing. Violating these sections can lead to serious consequences under the Texas Deceptive Trade Practices Act (DTPA). This allows plaintiffs to seek economic damages, mental anguish damages, and more.

Advice for Businesses

To avoid getting caught up in Texas mini-TCPA litigation, companies should carefully review the law. They need to understand how it applies to their calling and texting practices. The mini-TCPA is complex, with many defined terms and exemptions that can be confusing. Companies should assess their specific situations to stay compliant.

Future Outlook for TCPA Litigation in Texas

As the Texas mini-TCPA evolves, it may lead to increased TCPA litigation. Companies need to be proactive in understanding the rules. Here are some considerations for the future:

• Businesses should keep an eye on new legal developments regarding the mini-TCPA.
• They must stay informed about how the Texas Attorney General interprets the law.
• Companies should consider legal advice to navigate potential risks associated with telemarketing activities.