Texas Prohibited Facsimile Transmissions
TX Bus & Com Code § 305.002, et seq.
TX Bus & Com Code § 304.002, § 304.101, § 304.102, § 304.258
Texas Statutes
Business and Commerce Code
Title 10 – Use of Telecommunications
Subtitle A – Telephones
Chapter 305 – Telephonic Communications Made for Purpose of Solicitation
Subchapter A. Prohibited Communications Made For
305.001 Prohibited Telephone Calls
305.002 Prohibited Facsimile Transmissions: Charge to Recipient
305.003 Prohibited Facsimile Transmissions: Hours of Transmission
305.051 Investigation
305.052 Criminal Penalty
305.053 Civil Action
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.
Sec. 305.051 Investigation
(a) On complaint of a called person that a person has violated Section 305.001 (Prohibited Telephone Calls), 305.002 (Prohibited Facsimile Transmissions: Charge to Recipient), or 305.003 (Prohibited Facsimile Transmissions: Hours of Transmission), 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 (Prohibited Telephone Calls), 305.002 (Prohibited Facsimile Transmissions: Charge to Recipient), or 305.003 (Prohibited Facsimile Transmissions: Hours of Transmission) 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Automatic Dialing-Announcing and Facsimile Devices (Texas Business and Commerce Code Sec. 305.001 through 305.053, added by Laws of 2007, Chapter 885, effective April 1, 2009.)
TX Bus & Com Code § 304.002, § 304.101, § 304.102, § 304.258
Texas Statutes
Business and Commerce Code
Title 10 – Use of Telecommunications
Subtitle A – Telephones
Chapter 304 – Telemarketing
Subchapter A. General Provisions
304.002 Definitions
304.101 Notice in Facsimile Solicitation
304.102 Acknowledgment Required
304.258 Private Action: Facsimile Transmission
Sec. 304.002 Definitions
In this chapter:
(1) “Caller identification service or device” means a service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call.
(2) “Commission” means the Public Utility Commission of Texas.
(3) “Consumer good or service” means property of any kind that is normally used for personal, family, or household purposes. The term does not include a security, as defined by Section 4, The Securities Act (Article 581-4, Vernon’s Texas Civil Statutes).
(3) “Consumer good or service” means property of any kind that is normally used for personal, family, or household purposes. The term does not include a security, as defined by Section 4001.068 (Security), Government Code.
(4) “Established business relationship” means a relationship that:
(A) is formed by a voluntary two-way communication between a person and a consumer, regardless of whether consideration is exchanged;
(B) pertains to a consumer good or service offered by the person; and
(C) has not been terminated by either party.
(5) “Facsimile recording device” means a device capable of receiving a facsimile transmission.
(6) “Facsimile solicitation” means a telemarketing call made by a transmission to a facsimile recording device.
(7) “State licensee” means a person licensed by a state agency under a law of this state that requires the person to obtain a license as a condition of engaging in a profession or business.
(8) “Telemarketer” means a person who makes or causes to be made a telemarketing call.
(9) “Telemarketing call” means an unsolicited telephone call made to:
(A) solicit a sale of a consumer good or service;
(B) solicit an extension of credit for a consumer good or service; or
(C) obtain information that may be used to solicit a sale of a consumer good or service or to extend credit for the sale.
(10) “Telephone call” means a call or other transmission made to or received at a telephone number, including:
(A) a call made by an automated telephone dialing system;
(B) a transmission to a facsimile recording device; and
(C) a call or other transmission, including a transmission of a text or graphic message or of an image, to a mobile telephone number serviced by a provider of commercial mobile service, as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), as amended, Federal Communications Commission rules, or the Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66), as amended, except that the term does not include a transmission made to a mobile telephone number as part of an ad-based telephone service, in connection with which the telephone service customer has agreed with the service provider to receive the transmission.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.006(a), eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.04, eff. January 1, 2022.
Sec. 304.101 Notice in Facsimile Solicitation
In addition to complying with the technical and procedural standards established by federal statutes or regulations regarding telephone facsimile machines and transmissions, a person in this state who makes or causes to be made a facsimile solicitation shall include in the transmitted document or on a cover page to the document a statement, in at least 12-point type, containing:
(1) the complete name of the person making the facsimile solicitation and street address of the person’s place of business; and
(2) a toll-free or local exchange accessible telephone number of the person that:
(A) is answered in the order in which calls are received by an individual capable of responding to inquiries from recipients of facsimile solicitations at all times after 9 a.m. and before 5 p.m. on each day except Saturday and Sunday; or
(B) automatically and immediately deletes the specified telephone number of the recipient.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Sec. 304.102 Acknowledgment Required; Transmission Prohibited
On receiving oral or written notice from the recipient of a facsimile solicitation not to send any further facsimile transmissions to one or more specified telephone numbers, the person making the solicitation:
(1) shall within 24 hours after receiving the notice send the recipient of the solicitation written acknowledgment of the receipt; and
(2) other than a single transmission to comply with Subdivision (1), may not make or cause to be made a transmission to a telephone number specified by the recipient.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Sec. 304.258 Private Action: Facsimile Transmission
(a) A person may bring a civil action based on a violation of Subchapter C:
(1) for damages in an amount equal to the greater of:
(A) the person’s actual monetary loss from the violation; or
(B) $500 for each violation;
(2) to enjoin the violation; or
(3) for both damages and an injunction.
(b) If the court finds that the defendant wilfully or knowingly violated Subchapter C, the court may increase the amount of the damages awarded to an amount equal to not more than three times the amount available under Subsection (a)(1).
(c) Section 304.251 (Enforcement by Commission)(b) does not affect the right of a consumer to bring an action under Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
For more information, see here: https://texas.public.law/statutes/tex._bus._and_com._code_section_305.002
AND
https://texas.public.law/statutes/tex._bus._and_com._code_section_304.101
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