The Federal Trade Commission investigates telemarketing fraud claims at the federal level, in addition to claims of unwanted texts or email messages. But many states also regulate telemarketers to varying degrees. The Texas Telemarketing Disclosure and Privacy Act prohibits certain acts, such as calling or sending facsimiles to recipients against their will or interfering with caller I.D.
Claims of violations are not handled in criminal court in Texas, but may be investigated by the attorney general or various agencies. Penalties typically are limited to fines, but may also include restitution, monetary damages, and the revocation of a state license.
Keep in mind, these types of crimes are often charged in conjunction with mail fraud, wire fraud, bank fraud, and more. If the activities involved cross state lines, you can be charged with a federal crime.
The following table lists the main provisions of Texas telemarketing fraud law. See FindLaw's Fraud and Financial Crimes section to learn about similar offenses.
||Business and Commerce Code sec. 304.001, et seq.
|Definition of Telemarketing Call
A person makes a telemarketing call if the other entity receiving the call can
- Become entitled to receive money or property from a sale solicited during the call, or
- Receive information during the call to extend credit for a consumer good or service, or directly solicit a sale.
|State No-Call List?
|Prohibited Telemarketing Acts
- Placing a telemarketing call to a number on the Texas no-call list more than 60 days after the telephone number appears on the list.
- Sending facsimiles to recipients more than 24 hours after receiving oral or written notice not to send further transmissions.
- Interference with caller identification.
||After investigating complaint, the state commission may impose a fine of up to $1,000 per violation. State attorney general may impose a $1,000 fine per violation, injunctive relief, and attorney's fees (court may increase civil penalties to $3,000 per violation if it finds willful violation of the law). State licensing agencies, after investigating complaint, may impose a $1,000 fine per violation, order restitution for any monetary damages, and suspend or revoke the state licensee's license.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Texas Telemarketing Fraud Laws: Related Resources
Accused of Telemarketing Fraud? Get Professional Legal Help Today
Ever tried to defend yourself against a Texas criminal law? The answer is, likely not. Now is not the time to start your legal career -- especially with your own criminal case. If you or someone you love has been accused of telemarketing fraud in Texas, it's important to get an experienced Texas criminal defense attorney on your side.