New Texas Law on Text Marketing: What Businesses Need to Know
If you run a business in Texas and text your customers or prospects, there’s a new law you need to know about. As of September 1, 2025, Texas Senate Bill 140 (SB 140) expands the rules around “telephone solicitation” to include text messages.
That means if you’ve been using SMS or MMS to promote your services, you’re now playing by stricter rules, with real legal and financial risks if you don’t comply.
What’s Changing?
Until now, Texas regulations focused mainly on phone calls. SB 140 makes it clear: marketing texts count too.
Here’s what that means for Texas businesses:
Registration is required: Businesses sending marketing texts must register with the Secretary of State (Form 3401), pay a $200 annual fee, and post a $10,000 surety bond.
Consent comes first: You need clear written permission before texting someone for marketing.
Opt-out required: Every message must include a way for customers to unsubscribe — and you must honor it immediately.
Quiet hours apply: Texts (and calls) can only go out between:
Monday–Saturday: 9 a.m.–9 p.m.
Sunday: 12 p.m.–9 p.m.
What’s at Stake?
Violating SB 140 isn’t a slap on the wrist. Under the Texas Deceptive Trade Practices Act (DTPA):
Consumers can sue directly, without filing a state complaint first.
You could face up to $5,000 per violation, plus triple damages for intentional violations.
Attorney’s fees and even claims for mental anguish are on the table.
In other words, one “oops” text could cost far more than the sale it was meant to generate.
Are There Any Exemptions?
Yes, but they’re narrow. You may be exempt from registration if you are:
A nonprofit, financial institution, or educational entity
A retailer operating under the same name for 2+ years
A business contacting current or former customers (with the same name for 2+ years)
⚠️ Even if you’re exempt from registration, you still need to follow the consent, opt-out, and quiet hour rules.
What Texas Businesses Should Do Now
If you text your clients or prospects, here are seven steps to take:
Audit your texts – Are you sending marketing messages, reminders, or both?
Update your forms – Make sure opt-ins are clear and written.
Add opt-out instructions – Every text should have “Reply STOP to unsubscribe.”
Honor unsubscribes quickly – No excuses.
Know your hours – Stay within Texas’ quiet hours.
Register if needed – File with the Secretary of State, pay the fee, secure the $10K bond.
Document everything – Keep proof of consents, opt-outs, and your registration.
Why This Matters
Texting can be a powerful way to connect with customers — but as of September 1, 2025, Texas law has raised the stakes. Staying compliant not only protects your business from lawsuits and fines, it also builds trust with your customers.
Because at the end of the day, your clients want to hear from you — they just want it on their terms.
✍️ Final Thought: If you’re a Texas-based business, now is the time to double-check your texting practices. A little preparation today can save you thousands tomorrow.
