If you live in Texas and you're drowning in illegal robocalls, you're not powerless — you're actually sitting on a potential goldmine. Federal and Texas state law give you the right to sue telemarketers who call you without permission, and you can collect up to $5,000 per illegal call without hiring an attorney.
What Laws Protect Texas Residents?
Two powerful laws work in your favor:
- The Telephone Consumer Protection Act (TCPA) — Federal law that prohibits unsolicited robocalls, auto-dialed calls, and pre-recorded messages to your cell phone without prior written consent. Violations carry $500–$1,500 per call.
- The Texas Business & Commerce Code § 305 — Texas's own telemarketing law that adds additional protections and penalties on top of federal law.
Who Can You Sue?
You can sue any company or individual that:
- Called your cell phone using an auto-dialer without your written consent
- Left a pre-recorded message without permission
- Called a number on the National Do Not Call Registry
- Continued calling after you asked them to stop
How Do You File a Claim?
You don't need a lawyer. Small claims court in Texas allows claims up to $20,000, making it the perfect venue for TCPA cases. Here's the basic process:
- Document every illegal call — date, time, number, and what was said
- Send a written demand letter to the caller
- File your claim in Texas Justice Court (small claims)
- Serve the defendant and attend your hearing
Get the Complete Texas Playbook
Our Texas Playbook: The State-Specific DIY Guide to Suing Telemarketers in State and Federal Court walks you through every step with fill-in-the-blank templates, demand letter samples, and court filing instructions — specific to Texas courts.
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