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Private Right of Action Telemarketing

Troutman Pepper Locke

Texas Attorney General Confirms Opt-In SMS Is Outside Registration Under SB 140

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Effective September 1, 2025, SB 140 significantly expanded Texas’ telephone solicitation statute. SB 140 expressly covers text messages and similar electronic communications and introduced a direct private right of action...more

Orrick, Herrington & Sutcliffe LLP

District Court Dismisses Telephone Consumer Protection Act Text Message Claim, Finds Statute Does Not Cover Texts

On October 24, a judge in the U.S. District Court for the Middle District of Florida dismissed a lawsuit alleging promotional text messages sent to a consumer’s phone violated the Telephone Consumer Protection Act (TCPA). The...more

Klein Moynihan Turco LLP

It’s A Brave New World for TCPA Claims

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After the United States Supreme Court’s decision in McKesson, readers of this blog know that companies facing Telephone Consumer Protection Act (“TCPA”) allegations have raised challenges to these claims on grounds...more

Burr & Forman

A Second Florida District Court Holds Texts Don’t Support TCPA DNC Claims

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Aliana El Sayed v. Nuturopathica Health, Inc., 8:25-cv-00846-SDM-CPT, 2025 WL 2997759 (M.D. Fla. Oct. 24, 2025) - Defendant sent Plaintiff a promotion text message in February 2022 despite his number being on the national...more

Porter Hedges LLP

Texas Expands “Mini-TCPA” Requirements to Include Text Messages

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Texas has enacted a new “mini-TCPA” law that regulates telemarketing calls and text messages made to Texas residents, creating new compliance obligations and potential liabilities for businesses both inside and outside the...more

Bradley Arant Boult Cummings LLP

Texas SB 140 and Text Marketing: What the State Just Told the Court — and What It Means for Your Business

If you run an ecommerce brand or handle marketing compliance, you’ve probably heard about Texas Senate Bill 140 (SB 140) and its potential impact on text message marketing. Earlier this month, a group of plaintiffs, including...more

Morgan Lewis

Texas Telephone Solicitation Law Now Covers Text Messages

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Businesses with marketing strategies that include sending text messages to consumers in Texas could face significant litigation risk and statutory penalties under Texas SB 140, Texas’s new state corollary to the federal...more

Klein Moynihan Turco LLP

Hindi’s TCPA Pivot

Our readers may recall a piece in which we discussed a surge in Telephone Consumer Protection Act (“TCPA”) lawsuits filed by The Law Offices of Jibrael Hindi (“Hindi”). Hindi’s TCPA focus seemingly has shifted from the TCPA...more

Klein Moynihan Turco LLP

Do DNC Call Rules Apply to Text Messaging?

On August 26 2025, the United States District Court for the Northern District of Florida issued a useful decision for companies contesting National Do Not Call (“DNC”) claims. In Davis v. CVS Pharmacy, Inc., the Court granted...more

Orrick, Herrington & Sutcliffe LLP

Navigating Changes to Texas’ Telemarketing Law

Changes in state telemarketing laws are reshaping how businesses communicate with consumers. Most recently, with the passage of Senate Bill 140 (SB 140), Texas amended its telemarketing law to broaden its scope in a number of...more

Klein Moynihan Turco LLP

Everything Is Bigger In Texas: Amended Telemarketing Law Effective September 1, 2025!

While our readers are keenly aware of federal telemarketing regulations, most notably the Telephone Consumer Protection Act (“TCPA”), fewer readers likely know about the various “mini-TCPA” laws that exist in numerous states....more

Potomac Law Group, PLLC

Texas “Mini-TCPA” Now Covers Marketing Text Messages - New Obligations Effective September 1, 2025

Effective September 1, 2025, Texas Senate Bill 140 (SB 140) will enact several significant changes to the state’s telemarketing laws (Business and Commercial Code, Chapters 301-305 (TX Mini-TCPA)) that, collectively, increase...more

Paul Hastings LLP

Marketing Texts in Texas: SB 140 Broadens State Telemarketing Regulations

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On September 1, 2025, Texas Senate Bill 140 (SB 140) becomes effective, broadening certain aspects of the state’s telemarketing law to cover text messages, multimedia messages and similar electronic communications. The...more

Kelley Drye & Warren LLP

Ad Law News and Views - July 2025

In a recent webinar hosted by Kelley Drye, Nevada Attorney General Aaron D. Ford and Chief Deputy of Consumer Protection Mark Krueger shared valuable insights into best practices for engaging with the office, Nevada’s...more

Alston & Bird

New Texas Telemarketing Law Significantly Expands Companies’ Telemarketing and Telephone Solicitation Requirements

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Our TCPA Counseling & Litigation Team breaks down a new Texas law that significantly expands the rules for companies doing telemarketing and telephone solicitations in the state....more

Perkins Coie

Texas Broadens State’s TCPA Rules and Increases Litigation Risks for Marketers

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Texas has enacted amendments to its state version of the federal Telephone Consumer Protection Act (Tex. Bus. & Comm. Code §§ 301-305) (the Texas Mini-TCPA), adding three key pressure points that will increase both compliance...more

Kelley Drye & Warren LLP

Texas Mini-TCPA Law – FAQs for Marketing Texts

As we reported earlier this summer, a bill (S.B. 140) was recently enacted in Texas that amends the state’s telemarketing law (TX BUS & COM T.10, Chap. 301-306) to 1) expand the definition of ​“telephone solicitation” to...more

Winstead PC

Before You Hit Send, There’s a Change to Texting Rules in Texas

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Does your business send marketing text messages to Texas residents or from Texas? If so, you may need to register each business location from which you send texts with the Texas Secretary of State. ...more

Morrison & Foerster LLP

A MoFo Privacy Minute Q&A: Amendments to Texas’s “Mini-TCPA”

Question: Amendments to Texas’s “Mini-TCPA” take effect on September 1, 2025. How will these changes impact my business’s telemarketing activities? Answer: The amendments broaden the scope of Texas’s telemarketing law....more

Klein Moynihan Turco LLP

Major Decision for Defense Bar: Text Messages Do Not Satisfy DNC Pleading Requirements

On July 21, 2025, the United States District Court for the Central District of Illinois issued an important decision for Telephone Consumer Protection Act (“TCPA”) defendants. In Jones et al. v. Blackstone Medical Services,...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Updates — July 2025

The Sixth Circuit recently delivered a clear message to litigants pursuing claims under the Telephone Consumer Protection Act (TCPA): high call volume alone is not enough. In Fluker v. Ally Financial, Inc., the court...more

Kelley Drye & Warren LLP

Private Right of Action Exposure Increase: Texas Expands Damages for Telemarketing Violations Effective September 1, 2025

A bill recently enacted in Texas (SB140) will enhance the ability of individual consumers to seek damages for violations of various aspects of the state’s telemarketing laws. The changes adopted impact the following...more

Troutman Amin LLP

EVERYTHING IS BIGGER IN TEXAS: SB140 PASSED–TEXAS’ NEW MINI-TCPA TAKES EFFECT SEPTEMBER 1, 2025!: Bringing New Private Right of...

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On June 20, 2025 – Governor Abott signed into law Texas Bill SB140 – as TCPAWorld previously reported the Texas-sized bill drastically amends the Texas Mini-TCPA statute – the Texas Business & Commerce Code (“TBCC”) by...more

Blank Rome LLP

Texas SB140: Changes to Telemarketing Law May Reshape Compliance and Litigation Risks

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Texas is poised for a significant overhaul of its telemarketing regulations with the anticipated enactment of Senate Bill 140 (“SB140”). Awaiting Governor Abbott’s signature and scheduled to take effect on September 1, 2025,...more

Troutman Pepper Locke

New Mexico Federal Court Denies Summary Judgment on Majority of Claims Brought Under the TCPA Over Telemarketing Calls

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Recently, a U.S. District Court in the District of New Mexico denied a defendant’s motion for summary judgment on Telephone Consumer Protection Act (TCPA) claims for telemarketing calls, finding genuine questions of fact...more

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