Legal Definitions - Texas

The term "Texas," in a legal context, refers to the comprehensive body of laws enacted by the State of Texas that govern commercial communications and solicitations conducted through electronic means. These laws are designed to protect consumers and businesses from unwanted, deceptive, or harmful practices related to commercial email (often called spam), telemarketing calls, faxes, and certain computer software. This extensive legal framework includes specific statutes addressing issues like unsolicited commercial messages, consumer privacy, and the ethical use of technology for marketing purposes within the state.

• Commercial Email and Spam Regulation:

  Example: A new online clothing boutique based in San Antonio, Texas, decides to launch a marketing campaign by sending out promotional emails to a purchased list of 50,000 email addresses. Many recipients on this list have never interacted with the boutique and did not explicitly consent to receive emails from them.

  Explanation: Texas law, particularly sections related to commercial email and spam (such as Texas Code §§ 321.001 et seq.), would apply here. These statutes impose requirements on unsolicited commercial emails, including mandating clear identification of the sender, providing an easy way for recipients to opt out of future communications, and prohibiting deceptive subject lines. The boutique's actions could be scrutinized under these state-specific anti-spam regulations, even if they also comply with federal laws like the CAN-SPAM Act.

• Telemarketing and Telephonic Solicitation:

  Example: A home security company operating out of Houston, Texas, employs a call center that uses an automated dialing system to contact Texas residents. The system plays a pre-recorded message offering a free security system consultation. Many of the residents called are registered on the national "Do Not Call" registry and have not given permission to be contacted by this company.

  Explanation: This scenario falls under Texas's extensive telemarketing and telephonic commercial solicitation laws (e.g., Texas Code §§ 301.001 et seq., and the Texas Telemarketing Disclosure and Privacy Act, Texas Code §§ 304.001 et seq.). These laws regulate how telemarketers can contact consumers, often requiring them to respect "Do Not Call" lists, disclose specific information during calls, and prohibit the use of certain automated dialing technologies without prior consent. The company's actions would likely violate these state consumer protection statutes.

• Consumer Protection Against Computer Spyware:

  Example: A software company headquartered in Dallas, Texas, develops a popular free mobile game. When users download and install the game, it secretly installs additional software onto their devices that tracks their location data and browsing habits, then displays targeted advertisements within other apps, all without clearly informing the user or obtaining their explicit consent during the installation process.

  Explanation: Texas law, specifically the Consumer Protection Against Computer Spyware Act (Texas Code §§ 324.001 et seq.), would be directly applicable in this situation. This act prohibits the unauthorized installation of software that collects personal information, displays unwanted advertisements, or interferes with a user's device without clear notice and consent. The company's practice of bundling hidden tracking and advertising software would likely be a violation of these state-level protections against deceptive software practices.