Terms & Conditions

APPENDIX C — TEXAS TELEPHONE-SOLICITATION REGISTRATION REVIEW

Review date: June 24, 2026

Scope: Skywall’s proposed automated Estimate and Roof Verification recovery text messages to Texas consumers.

Current Determination

Based on the Texas Secretary of State’s current published notice, Skywall Construction, LLC should not be required to file a Telephone Solicitation Registration Statement under Texas Business & Commerce Code Chapter 302 for the proposed recovery texts, provided every text is sent only after the consumer gives prior consent through the separate optional SMS checkbox or another documented affirmative consent method.

This is best described as the current Texas Secretary of State and Attorney General position for prior-consent text messaging, not as a blanket exemption for every form of telephone solicitation. The Secretary of State also states that each seller remains responsible for determining whether registration is required for its own practices.

Conditions for Relying on This Determination

• The SMS checkbox is separate, optional, unchecked by default, and contains the approved disclosure.
• Skywall retains a defensible consent record tied to the mobile number, disclosure version, date/time, source page, and prospect record.
• Recovery texts are sent only by or for Skywall Construction about the consumer’s requested Estimate, Roof Verification, or related Skywall services.
• Skywall does not text purchased lists, shared leads, referrals, or numbers supplied by another person unless the individual mobile subscriber separately consents to Skywall messages.
• STOP and other clear revocations are processed promptly and all queued recovery messages are suppressed.
• The program does not use this conclusion to authorize prerecorded or automated marketing voice calls.

Other Chapter 302 Exemptions Considered

Former or current customers — Section 302.058

Chapter 302 includes an exemption for a person soliciting former or current customers after operating under the same business name for at least two years. This may support communications to genuine Skywall customers if the factual requirements are satisfied. An Estimate-only prospect who has not purchased services should not automatically be treated as a “current customer,” so Skywall should not rely on this exemption as the primary basis for the stalled-prospect sequence.

Face-to-face major sales presentation — Section 302.059(1)

Chapter 302 also contains an exemption for a solicitation that does not attempt to complete a sale, does not make the major sales presentation during the communication, and instead arranges a later face-to-face major sales presentation without immediate payment collection or delivery. Skywall’s recovery messages are intended to schedule a Roof Verification, but the digital process is designed as verification rather than a traditional sales presentation. Because the fit is fact-dependent and the prior-consent position is more direct, this exemption should not be Skywall’s primary basis.

Established retail location — Section 302.059(2)

The retail-location exemption generally concerns businesses whose customers primarily obtain goods or services at an established retail location. Skywall performs roofing services at customer properties, so this is not a strong basis for the proposed program.

Re-Review Triggers

Reassess registration before Skywall:

• sends marketing texts without direct prior consent;
• imports or purchases leads for texting;
• adds cold outbound or prerecorded/automated voice calls;
• materially changes the SMS program’s purpose or enrollment method;
• begins texting for unrelated affiliates or third parties; or
• receives updated guidance, a court ruling, or statutory amendment affecting Chapter 302.

Official Sources Reviewed

• Texas Secretary of State, Frequently Asked Questions for Form Series 3400 — Telephone Solicitation Registration: https://www.sos.state.tx.us/statdoc/faqs3400.shtml
• Texas Business & Commerce Code Chapter 302: https://statutes.capitol.texas.gov/docs/BC/htm/BC.302.htm

This internal determination is limited to the facts stated above and should be confirmed by Skywall’s Texas counsel before launch, particularly if any calling or texting practice expands beyond direct, documented consumer consent.