Texas SMS Marketing Laws
On June 20, 2025, Texas Governor Greg Abbott signed SB 140 into law. The key changes took effect September 1, 2025, and if your business sends marketing text messages to Texas residents (regardless of where you are based), this law likely applies to you.
Note: This summary is for educational purposes only and should not be considered legal advice. Consult a qualified attorney to assess how SB 140 affects your business.
What’s Changed
Under SB 140, Texas expanded its Business & Commerce Code so that text and multimedia messages (SMS/MMS) used for marketing fall under the same rules that previously only applied to telemarketing calls. In other words, the “telephone solicitation” regulations now include texting. Even if your company is based outside Texas, if you’re texting Texas residents or operating from within Texas, you must comply.
Key Compliance Requirements
If you send marketing texts under SB 140, you’ll need to meet the following:
Register with the Texas Secretary of State.
You must file as a telemarketer and pay an annual fee of $200.
Registration is completed by submitting Form 3401 (Telemarketer Registration or Renewal Statement) to the Texas Secretary of State, along with the annual $200 fee and $10,000 security deposit or surety bond if you are soliciting prospects.
Observe restricted sending hours.
You may only send SMS marketing messages during specified hours based on the recipient local time:
Monday through Saturday: 9 a.m. to 9 p.m.
Sunday: 12 p.m. to 9 p.m.
Obtain and log express written consent.
You are required to keep clear, auditable proof that the recipient gave prior written consent to receive your marketing texts. The burden of proof lies with you as the sender.
Honor opt-out requests without delay.
Every message must include an easy, clear way for recipients to opt out (for example by replying “STOP”). Once received, you must stop sending marketing texts immediately, no exceptions.
Penalties for Non-Compliance
Failing to meet these requirements can lead to serious consequences:
For failing to register: up to $5,000 per violation.
For sending marketing texts without proper consent: up to $500 per message.
Possibility of class-action exposure with treble (triple) damages under certain circumstances.
Sending even a modest number of unauthorized messages can quickly rack up tens of thousands of dollars in liability.
Are There Any Exemptions?
Yes, some businesses may qualify for exemptions depending on their model, the type of recipients they message, and how they obtain consent. However, these exemptions are nuanced. Whether your business is exempt depends on the specifics of how you operate.
Compliance Roadmap — What You Should Do
If you’re targeting Texas residents or you’re based in Texas, here are the steps you should follow:
📄 Download the full Texas SMS Compliance Checklist (PDF) — a step-by-step guide with form links, filing addresses, and opt-in examples to help you get compliant fast. Download Here
Audit your current SMS program. Review all campaigns targeting Texas contacts or sent from Texas. Document your procedures for consent and opt-out.
Consult legal counsel. Determine whether your business falls under the statute, whether you qualify for an exemption, and what specific obligations apply.
Register if required. If your counsel advises registration, complete the telemarketer registration form with the Texas Secretary of State and pay any fees.
Update your procedures. Ensure that for Texas contacts you are collecting and documenting express written consent, your opt-out mechanism is clear and immediate, and that sending is restricted to the legal time-windows.
Configure your technology. Establish systems or settings (in your SMS platform) to enforce sending windows, handle opt-outs automatically, and segment contacts by geography (Texas vs. others).
Technology & Compliance Support
Many SMS marketing platforms offer features to help with compliance (such as the ability to set sending time-windows, automatically suppress opted-out users, and track consent). But they cannot guarantee compliance for you, you remain responsible for correct configuration, consent collection, registration, and following the law.
For example, Customer.io allows you to:
Define campaign schedules that block sends outside Texas-permitted hours.
Automatically record when a recipient opts out (via “STOP” or similar).
But you must use those features correctly and ensure your overall program aligns with SB 140.
Why This Matters Beyond Texas
SB 140 signals a broader shift: regulators are paying more attention to SMS/MMS marketing and holding businesses to higher standards of consent, transparency, and recipient control. Many states are likely to adopt similar rules. Businesses that proactively adapt their practices will be ahead of the curve, and may benefit from improved deliverability and better customer relationships.
The Bottom Line
If you send marketing texts to Texas residents (or are based in Texas), you must act now: the law is already in effect and imposes new requirements around registration, consent, sending times, and documentation. The penalties are substantial. Some businesses may be exempt, but you should review your situation carefully with legal counsel to determine your obligations and ensure you’re clear for compliance.
📄 Need help setting up compliant texting for your business?
ProContactor.app automates opt-ins, opt-outs, compliance logs and has a FREE step-by-step guide to help you walk through the registration and setup. Download Here
