Texting in Texas: Texas AG Settlement Clarifies No Registration Needed for Consent-Based Text Messaging
Businesses that obtain consent prior to sending text marketing messages in Texas can breathe a cautious sigh of relief: the Texas Attorney General (Texas AG) has clarified that recent amendments to Texas’ telephone solicitation and telemarketing law enacted through Senate Bill 140 should not be interpreted to require such businesses to complete onerous registration requirements including posting of a $10,000 security bond and detailed disclosures about business owners, officers, directors and sales managers.
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.