Texas Utilities Code 64.202 – Consent Required
(a) A commercial mobile service provider doing business in this state may not publish in a directory or provide for publication in a directory the name and telephone number of a mobile service customer in this state without the express consent of the customer. The consent of a customer must be given:
(1) in writing on a separate document that includes the customer’s signature and the date;
(2) verbally; or
(3) on a website maintained by the commercial mobile service provider.
(b) Before a customer consents under Subsection (a), a commercial mobile service provider must disclose to the customer in writing or verbally, as appropriate, that:
(1) by consenting the customer agrees to have the customer’s telephone number sold or licensed as part of a list of customers and the customer’s telephone number may be included in a publicly available directory; and
(2) if the customer’s calling plan bills the customer for unsolicited calls or text messages from a telemarketer, by consenting to have the customer’s telephone number sold or licensed as part of a list of customers or be included in a publicly available directory, the customer may incur additional charges for receiving unsolicited calls or text messages.
Terms Used In Texas Utilities Code 64.202
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
(c) A customer who consents under Subsection (a) may revoke that consent at any time. A commercial mobile service provider shall comply with the customer’s request not later than the 60th day after the date the request is made.
(d) A commercial mobile service provider may not bill a mobile services customer for not consenting under Subsection (a).