Texas AG Asked to Parse State's Text Marketing Law
Texas Secretary of State Jane Nelson has asked Attorney General Ken Paxton (R) to opine on whether, under the state's expanded telemarketing law, businesses that send marketing texts to consumers who agree to the messages are subject to state registration and disclosure requirements and potential liability under those provisions.
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In her letter to Paxton, dated last Wednesday and posted by the AG's office Monday, Nelson said that while a lawsuit against Texas over the expanded provisions of the state telemarketing law, brought by the Ecommerce Marketers Alliance, was dismissed (see 2511240003), her office continues to get questions about whether state code provisions related to registration, disclosure and liability apply to businesses that send text marketing messages only to consumers who opted to receive them.