Go West, Young Man: Is Texas the Next Big Telemarketing Lawsuit Hotbed?

Florida has long worn the crown when it comes to state-level telemarketing litigation, thanks in large part to the Florida Telephone Solicitation Act (FTSA) and its generous private right of action.

But now, eyes are turning west. With Texas SB 140 on Governor Abbott’s desk and a September 1, 2025 effective date looming, we may be witnessing the early stages of Texas becoming the next major battleground for TCPA-plus lawsuits.

SB 140 amends the Texas Business & Commerce Code to significantly expand private rights of action related to telemarketing calls. Key points include:

• Broader Definitions: It expands “telephone call” and “telephone solicitation” to include texts, image messages, and other transmissions aimed at selling.

• Liberal Interpretation: The law must be liberally construed to protect the public. Even repeat recoveries are unlimited.

• Private Right of Action: Violations like calling outside curfew hours, failing to register, or ignoring opt-outs are now also violations of the Deceptive Trade Practices Act (DTPA)

• Attorneys’ Fees: Plaintiffs can recover attorneys’ fees and other relief under the DTPA.

In short, even somewhat minor violations like missing a registration could now support a full-blown lawsuit with fee-shifting and damages.

If Governor Abbott signs the bill, expect a surge of lawsuits starting in September. Plaintiffs’ firms that cut their teeth on FTSA claims in Florida will likely bring similar cases in Texas, armed with this new state law overlay.

Like in Florida, the strategy is simple: pair a federal TCPA claim with a state law violation to increase leverage, exposure, and settlement pressure.