The Texas Mini-TCPA’s Exemptions Aren’t Just Theoretical — Sutton Proves It
Amendments to the Texas mini-TCPA significantly expanded its reach by requiring certain businesses to obtain a registration certificate from the Texas secretary of state. Against this backdrop, one recent decision is a useful reminder of the statute’s significant exemptions.
The Sutton Decision
In Sutton v. Senior Life Insurance Company, No. 25-cv-397, 2026 WL 1611881 (W.D. Tex. June 1, 2026), the plaintiff alleged that the defendant violated Section 302.101 of the Texas Business and Commerce Code by making telephone solicitation calls without holding a registration certificate. The court dismissed the claim, applying the insurance-licensee exemption under Section 302.053(3), which provides that the registration requirement “does not apply to ... a person who holds a license issued under the Insurance Code if the solicited transaction is governed by that code.” Because the defendant held a Texas life insurance license and the alleged call related to life insurance, the court found that the plaintiff could not state a viable claim under Section 302.101.
Why does this matter? Because Sutton is one of the first reported decisions to apply a Chapter 302 exemption to dispose of a claim. TCPA and mini-TCPA defenses and exemptions are frequently invoked in briefing, but until a court actually enforces one, their practical value can be uncertain.
A Reminder: Other Exemptions Exist
The insurance-licensee exemption is just one of many. Chapter 302 contains a meaningful suite of carve-outs that may be available to businesses facing registration-based claims, including:
Supervised financial institutions (Tex. Bus. & Com. Code § 302.053(4))
Publicly traded corporations registered with the SEC or their subsidiaries (§ 302.053(2))
Existing or former customers — solicitations to current or former customers by a business operating under the same name for at least two years (§ 302.058)
Isolated transactions — solicitations that are not part of a pattern of repeated similar transactions (§ 302.061)
As always, readers should consult counsel to evaluate whether the above or other defenses and exemptions could apply.
Looking Ahead
Sutton is an early data point and it remains to be seen whether courts continue to enforce Chapter 302’s exemptions consistently. For regulated businesses — particularly insurers, financial institutions, and publicly traded companies — the practical takeaway is straightforward: Know your exemptions, document your eligibility, and be prepared to assert them early in litigation. Sutton shows that doing so can pay off.
Authors
Esteban Morales
Member
