IF YOU ARE MARKETING IN TEXAS YOU MUST READ THIS:
Texas SMS (Text Message) Marketing Law: SB 140 / Mini-TCPA
Starting September 1, 2025, a big change takes effect under Texas Senate Bill 140 (SB 140)—also known as the Texas “Mini-TCPA.” Key highlights:
Text messaging (SMS, MMS, graphic or image transmissions) is now legally classified as “telephone solicitation.” That means text-based marketing to Texas residents is now regulated under the Texas Business and Commerce Code § 302.001 and related statutes
Businesses sending marketing texts to Texas numbers—or those located in Texas sending texts anywhere—must now register with the Texas Secretary of State, pay a $200 annual fee, and post a $10,000 surety bond (or equivalent)
Additional compliance requirements include:
- [ ] Obtaining prior express written consent from recipients,
- [ ] Including opt-out instructions in every message and honoring them immediately,
- [ ] Adhering to quiet hours restrictions (e.g., no messaging before 9 a.m. or after 9 p.m. Texas time—and on Sundays, special rules apply)
Significantly heightened enforcement powers and penalties:
- [ ] Violations are now considered unfair/deceptive trade practices (DTPA violations),
- [ ] Consumers may sue directly without filing complaints with state agencies,
- [ ] Possible damages range from $500–$1,500 per text, with AG enforcement up to $5,000 per violation, and even Class A misdemeanor criminal liability in serious violations
Narrow exemptions apply, including to:
- [ ] Publicly traded companies (and subsidiaries),
- [ ] Financial institutions,
- [ ] Educational and nonprofit entities,
- [ ] Food marketers,
- [ ] Brick-and-mortar stores operating under the same name for 2+ years where most sales are in-person,
- [ ] Businesses contacting current or former customers (“existing business relationship”)
What’s changed?—Texas now treats SMS marketing like telemarketing—levels up compliance, registration, and liability.
What businesses must do by Sept 1, 2025: register, bond, gather consent, set opt-outs, follow quiet hours.
Risky consequences for noncompliance:
- [ ] lawsuits,
- [ ] fines,
- [ ] criminal charges
Still, some businesses may qualify for exemptions—but you must verify that carefully.
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