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California, Texas & Florida spam and privacy laws
Federal law protects you in every state. Florida and Texas add their own telemarketing laws, and California has some of the strongest email and privacy laws in the country.
At a glance
| Law | What it covers | What the law allows |
|---|---|---|
| Federal TCPA 47 U.S.C. § 227(b)(3) | Robocalls, prerecorded or artificial (including AI) voice calls and voicemails, and certain autodialed calls and texts made without the required consent. Applies in every state. | $500 per violation, up to $1,500 if willful or knowing |
| Federal Do Not Call rules 47 U.S.C. § 227(c)(5); 47 C.F.R. § 64.1200(c) | More than one sales call or text in 12 months to a number on the National Do Not Call Registry; sales calls at night. | $500 per violation, up to $1,500 if willful or knowing |
| Florida Telephone Solicitation Act Fla. Stat. § 501.059 | Automated sales calls and texts without prior express written consent, and solicitations to people on Florida’s no-sales-solicitation list. For texts, you must first reply “STOP”; a claim can arise if texts continue more than 15 days later. | $500 per violation, up to $1,500 if willful or knowing |
| Texas Business & Commerce Code § 305.053; ch. 302 (as amended by SB 140, eff. Sept. 1, 2025) | Lets Texans sue in state court for TCPA violations. Since September 1, 2025, marketing texts also count as telephone solicitations under chapter 302, which requires many telemarketers to register with the state. | $500 per violation or actual damages, up to 3× if knowing or intentional; other remedies may apply |
| California anti-spam email law Bus. & Prof. Code § 17529.5 | Commercial emails sent to or from California that use a falsified or misrepresented sender, a third-party domain without permission, or a misleading subject line. | $1,000 per email (up to $1,000,000 per incident), plus attorney’s fees |
| Florida electronic mail law Fla. Stat. §§ 668.603, 668.606 | Unsolicited commercial emails with false or misleading sender or subject information. | Actual damages or $500 per email, whichever is greater |
| California Invasion of Privacy Act Penal Code §§ 631, 638.51, 637.2 | Secretly recording or intercepting communications, and certain hidden tracking tools on websites and in emails. | $5,000 per violation or 3× actual damages |
| Federal Wiretap Act 18 U.S.C. § 2520 | Spyware and other tools that intercept your messages or calls. | Actual damages or the greater of $100 a day or $10,000, plus possible punitive damages and fees |
| Texas interception law Tex. Civ. Prac. & Rem. Code § 123.004 | Intercepting or recording communications without consent, including with spyware. | $10,000 per occurrence plus actual damages; punitive damages possible |
| Florida Security of Communications Act Fla. Stat. § 934.10 | Intercepting wire, oral, or electronic communications without consent. | Actual damages, at least $100 a day or $1,000, whichever is higher; punitive damages possible |
Laws and court decisions in this area change often, and some claims have short deadlines. Amounts are what a statute allows; they are not a guaranteed recovery.
Florida
The Florida Telephone Solicitation Act covers automated sales calls and texts without written consent, calls outside 8 a.m.–8 p.m., and more than three sales calls about the same subject in 24 hours. For texts, reply STOP first; a claim can arise if texts continue more than 15 days later.
Texas
Texans can bring TCPA claims in state court for $500 per violation, or up to three times that for knowing violations. Since September 1, 2025, marketing texts count as telephone solicitations under chapter 302, and many telemarketers must register with the Texas Secretary of State.
California
Californians rely on the federal TCPA for calls and texts, and also have strong state laws: $1,000 per deceptive spam email and $5,000 per violation of the Invasion of Privacy Act for some secret recording and tracking.
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