September 11, 2025

Thanks to information received from the general Counsel of Texas’ Office of Consumer Credit Commissioner (TOCCC), we have learned that the TOCCC takes the position that Texas pawnbrokers, as “financial institutions” supervised by that agency, are not governed by SB 140, the amendments to Texas’ mini-Telephone Consumer Protection Act. The mini-TCPA went into effect on September 1, 2025, as we reported last week.

The reply from the TOCCC is very welcome news for pawnbrokers because it means that the Texas mini-TCPA will:

1) Allow pawnbrokers to continue to use text messaging to communicate with customers, apparently both current and former customers with whom you have an established relationship;

2) Allow pawnbrokers to avoid the need to register or post the $10,000 bond that will be required of entities using text messages or calls to reach consumers in Texas; and

3) Protect pawnbrokers from private rights of action under Texas’ mini-TCPA from customers with whom they communicate by text messages or calls.

On the less bright side, the TOCCC reminded that the federal Telephone Consumer Protection Act (TCPA) still governs entities that use calls – but not text messages — to communicate with consumers across the nation. The TCPA allows calls to consumers who consent to receive them so that pawnbrokers may wish to review any consent forms they use to comply with the TCPA with their local lawyers. Compliance procedures, employee training, and compliance monitoring by employees should be subjects discussed with local lawyers as well.

For all NPA members, ensure that your communications with customers and retail sales and solicitations comply with the TCPA at all times.

Team GRC has added the Telephone Consumer Protection Act and “text messaging” to the software platform we use to identify state legislation that may affect your businesses. When any bill that may affect pawnbrokers in your state is introduced, Team GRC evaluates it and shares information with state presidents or state representatives and, in states without state associations, depending on the issue, we try to reach all NPA members in those states.

This Update is not to be considered legal advice. Please consult your local lawyer.

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