Tex. Bus. & Com. Code § 44.102
§ 44.102. Telemarketing of Persons on Texas No-call List; Enforcement; Penalties
(a)
A telemarketer may not make a telemarketing call to a telephone number that has been published on the
Texas no-call list more than 60 days after the telephone number appears on the then-current list.
(b)
Except as provided by Subsection (d), the commission shall receive and investigate complaints
concerning violations of this subchapter and may assess an administrative penalty not to exceed $ 1,000 for
each violation. If the complaint alleges that the person violating this subchapter is a telecommunications
provider, as defined by Section 51.002, Utilities Code, the commission has exclusive jurisdiction,
notwithstanding Subsection (c), over the violation alleged in the complaint, except that this does not affect
the right of a consumer to bring an action under Subsection (f).
(c)
Except as provided in Subsection (d), the attorney general may investigate violations of this
subchapter and file civil enforcement actions seeking injunctive relief, attorney's fees, and civil penalties
in an amount not to exceed $ 1,000 for each violation. If the court finds the defendant wilfully or knowingly
violated this subchapter, the court may increase the amount of the civil penalties to an amount not to exceed
$ 3,000 for each violation. A violation of this subchapter is subject to enforcement action by the attorney
general's consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61.
(d)
A state agency that issues a license to a state licensee shall receive and investigate complaints
concerning violations of this subchapter by the state licensee, may assess an administrative penalty not to
exceed $ 1,000 for each violation, and may order restitution of any monetary damages of the complainant. In
addition, if the agency finds that the licensee wilfully or knowingly violated this subchapter, the agency may
suspend or revoke the state licensee's license.
(e)
Venue for an action based on a violation of this subchapter is in the county where the telemarketing
call was made or received, or if brought by the attorney general, commission, or a state agency, in Travis
County.
(f)
For purposes of this subchapter, a consumer on the Texas no-call list is presumed to be adversely
affected by a telemarketer who calls the consumer more than once and may bring a civil action based on the
second or a subsequent violation of this subchapter if:
(1)
the consumer has notified the telemarketer of the alleged violation and not later than the 30th day
after the date of the call files a verified complaint setting forth the relevant facts surrounding the
violation with the commission, the attorney general, or a state agency that licenses the person making the
call; and
(2)
the commission, attorney general, or state agency receiving the complaint fails to initiate an
administrative action or a civil enforcement action, as appropriate, against the telemarketer named in the
complaint before the 121st day after the date the complaint is filed.
(g)
If the consumer brings an action based on violation of this section and the court finds that the
defendant wilfully or knowingly violated this section, the court may award damages in an amount not to exceed
$ 500 for each violation.
