Unsolicited Faxes in Texas

The Texas Supreme Court ruled this morning that Texans did not acquire the right to privately invoke the federal Telephone Consumer Protection Act (“TCPA”) until the Texas Legislature amended the Business & Commerce Code to allow Texas court to hear private suits based on the TCPA on September 1, 1999.

The TCPA, which was passed in 1991, allowed individuals to sue companies that send unsolicited facsimile advertisements “if otherwise permitted by the laws or rules of court of a State.” The Act, which was required as many if not all of these faxes come from across state lines, also requires fax recipients to sue in state courts. However, Texas did not pass corresponding legislation allowing private claims under the TCPA until 1999. According to the Texas Supreme Court, therefore, companies that sent unsolicited fax advertisements after the TCPA was enacted but before September 1, 1999, got a free pass (at least in Texas) on what was clearly illegal conduct under federal law. The Court therefore reversed and rendered judgment on behalf of defendants in the underlying case, were the faxes in question were transmitted prior to 1999.

Cause No. 04-0570, The Chair King, et al. v. GTE Mobilnet of Houston, Inc. et al.

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