Yes, unless an exemption applies. Texas requires a nonexempt seller to hold a Secretary of State registration certificate for each calling location, and Florida licenses nonexempt commercial telephone sellers and their salespeople through its Department of Agriculture and Consumer Services.
From official sources, checked September 26, 2026. General information, not legal advice.
Both laws reach callers outside the state. Texas covers solicitations made from a Texas location or to a purchaser in Texas, and Florida treats soliciting purchasers located in Florida from other states or nations as doing business there. The Texas Secretary of State says it does not decide who must register and that each seller is responsible for determining whether it should. Oklahoma also registers sellers, through its Attorney General.
A seller files a registration statement with the Secretary of State, verified by each principal, and receives a certificate for each business location it calls from. The filing includes security by bond, letter of credit, or certificate of deposit, plus a consent naming the Secretary of State as agent for service of process. Registration lasts one year and may be renewed annually. The seller files quarterly addenda naming its salespeople and reports material changes by addendum. It must post the certificate at the covered location and may not refer to its compliance with the chapter when dealing with a purchaser.
Before doing business in Florida, a commercial telephone seller obtains a license from the Department of Agriculture and Consumer Services, issued for each location, and each salesperson is licensed too. The Act defines a salesperson to include agents and independent contractors who solicit for the seller. The application lists every telephone number to be used, includes scripts, and comes with a bond, letter of credit, or certificate of deposit. Licenses renew annually, revised scripts are filed within 10 days, and the license or affidavit receipt is displayed at each location.
Texas exempts, among others, insurance licensees in Insurance Code transactions, supervised financial institutions, sellers calling current or former customers under a name used at least two years, and callers who arrange a later face to face presentation without selling on the call. Its exemptions cover only the seller, except one for calling firms operating at least three years whose contracts are at least 75 percent for exempt sellers. Florida lists 28 paragraphs of exemptions, including licensed insurance agents, supervised financial institutions, real estate licensees, and certain face to face sales. Some require a notarized affidavit, and none excuses Florida's calling hours, call frequency, or caller ID rules.
A commercial telephone seller registers with the Oklahoma Attorney General at least 10 days before doing business there, which includes soliciting purchasers located in the state. Registration lasts one year, lapses if not renewed by its anniversary date, and requires a bond, and individual employees do not register. Persons regulated by the Insurance Commission and sellers who complete sales only at a later face to face meeting fall outside the seller definition.
Yes for nonexempt sellers. A seller needs a Secretary of State registration certificate for each location it calls from, renewable annually, when it solicits from Texas or calls purchasers in Texas.
Tex. Bus. & Com. Code 302.101 and 302.104Yes for nonexempt sellers. Commercial telephone sellers and their salespeople need a license from the Department of Agriculture and Consumer Services before doing business in Florida, renewed annually.
Fla. Stat. 501.605 and 501.609Yes for nonexempt sellers. A commercial telephone seller registers with the Attorney General at least 10 days before doing business in Oklahoma, and the registration lasts one year.
Okla. Stat. tit. 15, 775A.3Senate Bill 140 added text and graphic messages and images to the chapter 302 definition of telephone solicitation on September 1, 2025. The Secretary of State now says that, in light of Ecommerce Marketers Alliance v. Texas and an agreement among the parties, a business that sends text messages with the consumer's prior consent is not required to complete the chapter 302 registration statement.
Florida defines a salesperson as any individual employed, appointed, or authorized by a commercial telephone seller to solicit for it, whether called an agent, representative, or independent contractor. A salesperson application includes the seller's verified statement that it will be responsible for that salesperson. A separate exemption covers telemarketing firms operating at least five years under the same ownership that earn 75 percent of their telemarketing sales revenues from contracts with exempt persons.
No. The Texas Secretary of State says a certificate does not imply approval or endorsement of the seller's business. Florida makes it a violation to represent that its license is approval or endorsement by any government office.
Checked September 26, 2026. Every fact on this page comes from these official sources. General information, not legal advice: rules change, so confirm with the cited statute or agency and with counsel.
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