My goodness things are about to get grim in Texas.
If you missed it, the Texas state legislature just expanded telemarketing protections and made it far easier to file lawsuits against companies calling consumers in the state.
And with violations of the state law costing $5,000.00 per violation this is a VERY serious issue people need to pay attention to.
Troutman Amin, LLP did a CRITICAL compliance alert about the new changes.
It also did an AMAZING webinar breaking down the changes that is available on its YouTube channel (@deservetowin.)
You need to watch this if you make calls into Texas!!!!
And a new decision out of Tyler, Texas yesterday shows just how dangerous the law is.
In Tatum vs. New York Tribeca Group, 2025 WL 1864961 (E.D. Tex. July 7, 2025) the district court awarded Tatum $221,000.00 in damages on just 34 alleged illegal calls.
34 calls– $221,000.00 in damages!!!
And this was AFTER the magistrate judge awarded him only $17k, holding that double recoveries were not available (the district court disagreed.)
As to the TCPA component the court found that damages should be trebeled for willful misconduct. So it awarded $1,500.00 x 34= $51,00.00 in damages.
But the Texas state law is where the real money hits.
At issue is Texas’ state registration requirement. A marketer failing to register in the state is liable for up to $5,000.00 per call made into the state– a STUNNING AND INSANE amount of money.
And it was that provision that caught NYTG here.
The Court found each of the 34 calls was made without the required registration and awarded $170k in damages on the claim.
So a total of $221,000 in damages here folks.
Cannot emphasize enough how important it is to get registered and have GREAT counsel that can help you in Texas. These claims are deadly serious and flooding in.
Troutman Amin, LLP can help you in Texas– and across the nation– with TCPA and state TCPA advice. So don’t be shy about reaching out.
And, of course, if you want the latest and greatest information on Texas, TCPA, data privacy and AI you NEED to be at the Law Conference of Champions next week!
Chat soon!