Sec. 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.

(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).

Added by Acts 2005, 79th Leg., Ch. 226 , Sec. 1, eff. September 1, 2005.