Texting in Texas: The State Expands Telemarketing Registration Requirements to Include Text Marketers
Texas has amended its telephone solicitation and telemarketing law (the Texas “mini-TCPA” — after the federal Telephone Consumer Protection Act) to require certain businesses that engage in text marketing to register with the Texas Secretary of State and make detailed disclosures, pay registration fees, and post a $10,000 security deposit. The amendments, which were enacted by Senate Bill 140 and went into effect on September 1, 2025, also make certain violations of the Texas mini-TCPA de facto violations of the state’s deceptive trade practices law, which includes a private right of action and can carry significant penalties. While the law includes several provisions that will likely exempt established businesses that obtain one-to-one opt-in consent for text marketing messages and other types of calls, in light of the substantial fines and private right of action, businesses will want to carefully review the application of these new amendments to their marketing programs.
Texas Senate Bill 140 amended provisions of Texas’ long-standing telephone solicitation law to broaden the definition of a “telephone solicitation” to include text messages, defined as the “transmission of a text or graphic message or of an image,” initiated to induce someone to “purchase, rent, claim, or receive an item.” Previously, the registration and disclosure requirements under the Texas mini-TCPA only applied to businesses making solicitations by voice calls, including when initiated by an automatic dialing machine or recorded message device.
Amendments enacted through Senate Bill 140 mean that businesses sending marketing text messages from within Texas or to Texas residents must now annually register with the Secretary of State and pay a registration fee and a $10,000 security deposit. The registration process requires extensive disclosures regarding the business and its planned solicitations, including a copy of all text messages a business intends to send for marketing purposes.
Notably, there are several exemptions to the telephone solicitation law that may significantly limit the number of businesses that are subject to these onerous requirements. For example, the law includes broad entity-based exemptions for publicly traded companies, supervised financial institutions and their affiliates, and non-profits. Additionally, entities that have operated under the same business name for at least two years and send a marketing text message to a current or former customer (as opposed to a new customer) are also exempt. The scope of this exemption is somewhat ambiguous because the law does not define “customer.” Nevertheless, there are potential arguments that a consumer who has interacted with a business by providing consent to receive text messaging may be considered a customer. However, those arguments may not apply to businesses that purchase consented leads from third parties or send marketing text messages without obtaining consent (which is separately prohibited under Texas law).
Senate Bill 140 also expands liability for violations of other chapters of the Texas mini-TCPA (Chapters 304 and 305) which already apply to text messages and include consent requirements and requirements to observe the Texas No-Call List. Under the new amendments, violations of those chapters are now de facto violations of the Texas Deceptive Trade Practices Act (“DTPA”). (The portion of the law that governs telephone solicitation registration requirements is already enforceable through the DTPA). The DTPA provides for potential hefty liability and fines, allowing individuals to sue for economic damages and obtain treble damages in the case of knowing or intentional violations. Moreover, the Attorney General can seek up to $10,000 per violation. The amendments also allow consumers to recover for successive violations of the mini-TCPA.
Text marketers who market in Texas or to Texas consumers will want to consider these new mini-TCPA provisions alongside existing text marketing requirements in the federal TCPA, including the need for prior express written consent, and other similar state laws that have been recently amended to include similar prohibitions.
This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.
