South Carolina and Texas Propose Telemarketing Law Updates

As consumers continue to demand stronger protections against unwanted telemarketing calls, South Carolina and Texas have each introduced proposed legislation aimed at addressing these concerns.

South Carolina Telemarketing Law

On January 14, 2025, The South Carolina General Assembly introduced the “Telephone Solicitation Act.” If passed and approved by the Governor, this bill would require a consumer’s express written consent to make commercial sales calls using an “automated system” for the selection or dialing of telephone numbers or the playing of a recorded message. This definition of an “automated system” likely brings into scope many preview (i.e., click to call) systems. This increased level of consent in South Carolina will make it more complex for telemarketers to bypass TCPA regulations at the federal level. The details of South Carolina’s proposed “mini TCPA” show similarities to Maryland’s “mini TCPA.” Other commonalities between these two include 8 AM – 8 PM calling times, and a private right of action.

Texas Telemarketing Law

While South Carolina focuses on tightening consent for automated calls, Texas is focusing on enforcement mechanisms through a private right of action in its Telephone Solicitation Law. The Texas legislature has proposed a private right of action be added to their Texas Telephone Solicitation Law, allowing individuals to sue for violations of telemarketer registration laws. With the private right of action, civilians will be entitled to:

• Injunctive Relief: The court can order the violator to cease their illegal practices immediately.
• Damages: Consumers can recover actual or statutory damages from $500 to $10,000 per violation. The increase to from $5,000 to $10,000 is likely designed to further encourage compliance with Texas’ telemarketing rules.
• Attorney’s Fees and Court Costs: Plaintiffs can recover their legal fees. This will make it easier for individuals to pursue claims without the financial burden.

If passed and approved by the Governor, this act is set to take effect on September 1, 2025.

Texas and South Carolina continue the trend of states imposing more restrictive telemarketing rules to deter telemarketers in their states. Staying up to date on developments in federal and state regulations can be a complex and time-consuming task. CompliancePoint has a team of marketing compliance professionals that can take compliance monitoring off your plate. Reach out to us at connect@compliancepoint.com to learn more about our services.