If your marketing strategy includes texting consumers in Texas, there’s a big legal change you can’t ignore. Starting September 1, 2025, Senate Bill 140 goes into effect—and the consequences for non-compliance are steep.
Here’s a breakdown of what’s changing and why you need to act now.
Text Messaging Is Now Officially “Telemarketing”
Texas has closed the loophole that once kept SMS and MMS messages in a gray area. Under SB 140, these messages are now considered “telephone solicitations,” putting them squarely under telemarketing regulations. If you thought text campaigns were flying under the radar, those days are over.
Consumers Can Sue You Directly
Thanks to the Texas Deceptive Trade Practices Act (DTPA), recipients no longer need to go through a regulator to take legal action. They can head straight to court and seek attorney’s fees, emotional damages, and even triple the payout in certain cases.
Multiple Lawsuits from the Same Consumer
Repeat violations can bring repeat lawsuits. If you mishandle opt-out requests or fail to register properly, the same consumer could sue you multiple times.
New Registration and $10,000 Bond Requirement
If you’re sending any kind of solicitation into or from Texas, SB 140 may require you to:
- Register with the Texas Secretary of State
- Pay an annual $200 fee
- Post a $10,000 security bond, letter of credit, or certificate of deposit as a safeguard for potential damages
This bond can be claimed by consumers if you violate the law.
SB 140 Stacks with Federal TCPA Liability
Think of SB 140 as an extra layer on top of existing rules like the Telephone Consumer Protection Act (TCPA) and the Texas Business Code. Together, they create significant compliance risk if your texting practices aren’t airtight.
Action Items Before September 1, 2025
- Audit your consent process to ensure you have clear, documented opt-in from recipients.
- Review and tighten opt-out workflows to make compliance automatic and foolproof.
- Determine if you need to register and secure the $10,000 bond.
- Stop assuming “it won’t happen to us.” Texas consumers will have the tools to prove otherwise.
If your business texts Texas residents, now is the time to prepare—because after September 1, the cost of mistakes will be higher than ever.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Businesses should consult with their own legal counsel regarding compliance with SB 140 and related laws.