State:

Texas Business and Commerce Code 35.47
Texas Business & Commerce Code 37.01-37.05
Texas Business & Commerce Code 38.001-38.305
Texas Business & Commerce Code 43.001 - 43.253

Public Utility Commission Of Texas Substantive Rules

Chapter 26, Subchapter F, §26.125
Chapter 26, Subchapter F, §26.126

Federal:

Public Law 102-243 (47 § 227)
47 USC 227 (amended to prohibit text messaging as of January 1, 2004 - see 18 USC, Chapter 47, Sec. 14)
47 C.F.R. § 64.1200 (version in effect prior to July 25, 2003)
47 C.F.R. § 64.1200 (amended version in effect after July 25, 2003)

Quick Overview of 47 § 227

a. Definitions
b. Restrictions on use of automated telephone equipment.

1. Prohibits autodialed and/or prerecorded telephone solicitations to emergency services, retirement homes or where the recipient pays for the call.
2. Prohibits prerecorded telephone solicitations to residential telephone lines and restricts tying up multiple lines of a business simultaneously.
3. Prohibits initiation of unsolicited fax advertisements.
4. Provides for a private right of action for any violation of this section.

1. Provides for regulations creating do-not-call lists including a National do-not-call registry.
2. Prohibits use of a do-not call list for any other purpose.
3. Provides for a private right of action more than one call in a twelve-month period in state courts.
4. Provides an affirmative defense.
5. Clarifies this section does not permit a communication prohibited by subsection (b)

1. Requires date, time, entity initiating a fax, and the telephone number of the initiating fax machine.
2. Requires, name of entity initiating a prerecorded message and release of the line within 5 seconds of on hook condition.

1. Clarifies that state law preemption occurs only if the state law is more restrictive.

1. Authorizes State Attorney General’s to bring an action in state courts.
2. Clarifies that venue is where the violation occurred or where the violation was initiated.

Quick Overview of 47 CFR 64.1200 (as of 7/25/03 amended version)

a. No person may

1. Prohibits autodialed and/or prerecorded telephone solicitations to emergency services, retirement homes or where the recipient pays for the call.
2. Prohibits prerecorded telephone solicitations to residential telephone lines and provides exemptions.
3. Prohibits initiation of unsolicited fax advertisements.
4. Prohibits tying up multiple lines of a business simultaneously.
5. Abandon more then 3% of telemarketing calls.
6. Prohibits war dialing for fax numbers

1. Time restrictions
2. Do-not-call list required.
3. Written policy requirement.
4. Training of solicitor’s requirement.
5. Recording and disclosure of do-not-call lists.
6. Identification of the individual caller, identification of the entity represented, telephone number or address at where the entity may be contacted requirement.
7. Clarification of affiliated entity do-not-call requirements.

a. No person may

1. Prohibits autodialed and/or prerecorded telephone solicitations to emergency services, retirement homes or where the recipient pays for the call.
2. Prohibits prerecorded telephone solicitations to residential telephone lines and provides exemptions.
3. Prohibits initiation of unsolicited fax advertisements.
4. Prohibits tying up multiple lines of a business simultaneously.

1. Requires the name of entity initiating the call.
2. Requires the telephone number or address of the entity initiating the prerecorded message.

1. Time restrictions
2. Do-not-call list required.
3. Written policy requirement.
4. Training of solicitor’s requirement.
5. Recording and disclosure of do-not-call lists.
6. Identification of the individual caller, identification of the entity represented, telephone number or address at where the entity may be contacted requirement.
7. Clarification of affiliated entity do-not-call requirements.