Frequently Asked Questions for Form Series 3400 - Telephone Solicitation Registration
Solicitation Hotline: 1 (800) 648-9642
Notice Regarding Submissions of Telephone Solicitation Registration Statements
- In light of the position articulated by the Texas Office of Attorney General and Secretary of State in Ecommerce Marketers Alliance, Inc. et. al v. Texas et al, 1:25-cv-1401 (W.D. Tex. 2025) and an agreement reached among the parties to the case, any business that sends text messages with prior consent of the consumer is not required to complete the Telephone Solicitation Registration Statement under Business and Commerce Code Chapter 302. S.B. 140 (89th Leg., R.S.) amended Chapter 302 to give “telephone call” the meaning assigned by Section 304.002 of the Business and Commerce Code. Section 304.002 defines “telephone call” to exclude “a transmission made to a mobile telephone number as part of an ad-based telephone service, in connection with which the telephone service customer has agreed with the service provider to receive the transmission.”
- Any business that has previously submitted a Telephone Solicitation Registration Statement pursuant to Chapter 302 may withdraw the application—if the submission has not been acted on by the Secretary of State—by submitting a written request to withdraw the application to:
- In person: Secretary of State, Registrations Unit, 1019 Brazos St. Austin, TX 78701
- By mail: Secretary of State, Registrations Unit, P.O. Box 13193, Austin, TX 78711-3193
- By fax: (512) 475-2815
- By email
1. Do I have to register as a telephone solicitor?
The Secretary of State does not decide if an individual or entity must register. The Registrations Unit can provide, on request, a copy of the Telephone Solicitation Act ("Act"). The Act defines a "Telephone Solicitation" and "Seller", lists exemptions, and provides guidelines for registration. It is the seller's responsibility to determine whether the seller should register.
2. How do I register?
A seller must file a registration statement, with the Secretary of State, and provide the required filing fee. A form pertaining to the registration statement is available from the Registrations Unit. In addition, a security deposit must accompany the registration statement. A certificate of registration issued under the Act is effective for one year and may be renewed by filing a renewal registration statement.
3. What is the filing fee to register as a telephone solicitation seller?
Currently, a $200 filing fee is required with the registration.
4. How large is the security deposit that must be filed?
It is $10,000.00, and is issued to the favor of the State for the benefit of any person who is injured by the seller's breach of an agreement entered into during a telephone solicitation.
5. Does having a security deposit on file mean that the company is reputable?
No. The Act requires that a seller must file the security deposit in order to be registered as a telephone solicitor. It does not indicate approval of the seller's business or actions.
6. Does registration with the Secretary of State indicate approval by the Secretary of State of the seller's business?
The issuance of a certificate of registration to a seller who is conducting telephone solicitations does not imply approval or endorsement of the seller's business or its operations.
7. Does the Secretary of State investigate violations of the Act?
The Secretary of State is the filing agency for documents required by the Act. The Texas Attorney General is charged with the enforcement of the registration requirements and/or violations of the Act. A person that has been injured by the actions of a seller conducting telephone solicitations may file a complaint with the Consumer Protection Division of the Attorney General's Office. In addition, an alleged violation can be reported to the Secretary of State by calling the solicitation hotline at 1 (800) 648-9642. Information received on the hotline will be forwarded to the Attorney General's Office.
