A new Texas law limiting text message marketing went into effect yesterday, September 1, 2025. This law applies to not only Texas companies, but also any company sending marketing messages into the state.
What’s Changing Under Texas Law?
Texas Senate Bill 140 is updating the Regulation of Telephone Solicitations (Chapter 302) and related code sections under the Business and Commerce Code.
Under SB 140, the definition of a “telephone solicitation” is amended to include text or graphic message.
What This Means for Your Text Message Marketing…
With text messages now regulated by Chapter 302, companies will have to comply with the regulations covering telemarketers. This includes:
- Registration: Businesses must register with the Texas Secretary of State as a telephone solicitor. As part of the registration, you must pay a $200 filing fee and post a $10,000 security bond (or other equivalents). This is an annual registration with a continual update requirement if information changes. Sec. 302.101
- Quiet Hours: Texts may only be sent from 9 am – 9 pm Monday thru Saturday and 12 pm – 9 pm on Sunday. Marketing texts outside of these hours are prohibited. Sec. 301.051(b)(2)
- Respect Texas No-Call List: You cannot send a marketing message to someone on the Texas No-Call List. Sec. 304.052
- User Consent: If the person has not consented or has withdrawn consent, you may not text them marketing messages. Sec. 305.001
Transactional Messages Aren’t Marketing
It is important to note that these rules regarding text-based marketing messages do not apply to transactional related text messages.
Specifically, these rules do not apply to a call or text made in connection with an existing or established business relationship. Sec. 301.051(a)(3), Sec. 304.004(2)(A)
Private Right of Action for Violations
In what’s become a favorite legal tactic in Texas, the law provides for a private right of action. This means that each individual that receives a text based marketing message could sue your company.
Moreover, each individual text message is its own violation and just because a plaintiff receives recovery once does not bar them from receiving additional recoveries. Also, there are provisions where the plaintiff could recover attorneys’ fees and court costs. In other words, continued violation could be very expensive for your company.
This is something that the plaintiff’s bar in Texas could very well get a hold of to create class action lawsuits. And the Texas Attorney General still maintains their rights to bring actions against non-compliant companies. So get in compliance pronto!
Text Messages for Other States
It’s not just Texas. Many other states have implemented laws governing marketing text messages.
Arizona, California, Connecticut, Florida, Indiana, New Jersey, Oklahoma, Virginia, and Washington are among the states that have addressed marketing text messages. This is a trend that will continue as consumers complain to state legislators.
There are various federal laws that all companies need to comply with as well.
Springboard Legal Helps Companies Stay in Compliance
Are you worried about your marketing practices and text messages? Springboard Legal can help your company stay in compliance with this new Texas text message law, as well as other marketing laws that affect your company through our Fractional General Counsel service. Contact us today to get your company on the road towards better compliance!