Texas SB 140 SMS telemarketing rules change | What changed and how to comply
Texas SB 140 brings SMS/MMS into the state’s telemarketing rules. If you market to Texas phone numbers, registration and compliance duties may now apply—and violations can trigger lawsuits and penalties.
Plain-English Summary
SB 140 updates the Texas Business & Commerce Code so that telephone solicitation includes not just calls, but “other transmissions” such as texts, graphic messages, and images sent to induce a purchase. In practice, Texas SB 140 SMS telemarketing means marketing texts are treated like telemarketing calls under Texas law.
What Changed for Telephone & SMS/MMS Solicitation
- Scope broadened: SMS/MMS and similar digital messages now fall within the telemarketing framework.
- Enforcement expanded: Non-compliant marketing texts may expose senders to private lawsuits under the Texas DTPA, in addition to Attorney General enforcement.
Registration Requirements
Most businesses engaging in telemarketing to Texas numbers (including via SMS/MMS) must register with the Texas Secretary of State and post a surety bond (or equivalent).
- Use: Form 3401 – Telephone Solicitation Registration/Renewal Statement
- See related bond forms/instructions on the Texas SOS forms page.
Related reading
- Texas Telemarketing Registration FAQ.
- Forms related to Telephone Solicitation.
Operational Compliance Obligations
If you send marketing calls or texts to Texas numbers, plan for:
- Consent: Secure and document appropriate consent before sending marketing texts.
- Opt-Outs: Include a clear opt-out method in every message (e.g., “Reply STOP to opt out”) and honor opt-outs promptly.
- Time-of-Day Rules: Follow Texas time-of-day sending restrictions for solicitation communications.
- Do-Not-Call: Scrub against Texas and applicable federal do-not-call lists.
- Recordkeeping: Maintain consent records, opt-out logs, message/call logs, registration, and bond documentation.
Penalties & Lawsuits
- Private right of action (DTPA): Consumers can sue for violations (with potential statutory damages and attorneys’ fees).
- Statutory damages: Often cited ranges include $500 per violation, up to $1,500 for knowing/intentional violations (plus actual damages).
- Attorney General enforcement: The Texas AG may seek civil penalties (often cited up to $5,000 per violation), injunctive relief, and fees.
- Repeat actions: Recoveries for one violation do not bar future actions for subsequent violations.
Recommended Next Steps
- Determine applicability: Confirm whether your texting/calling practices target Texas numbers.
- Register if required: Complete Form 3401 and obtain the required bond before sending marketing texts.
- Update consent flows: Ensure documented consent for each recipient; revise forms and disclosures as needed.
- Add/verify opt-out language: Include “Reply STOP to opt out” (or similar) and automate prompt suppression of opt-outs.
- Respect sending windows: Configure platform settings to comply with Texas time-of-day limits.
- Scrub DNC lists: Implement routine scrubbing for Texas/federal no-call registries.
- Audit and document: Keep proofs of consent, opt-outs, registration, bond, and message logs for audit readiness.
- Legal review: Have counsel review applicability and any exemptions relevant to your business model.
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Disclaimer
This article is informational and not legal advice. Laws and interpretations can change. Consider consulting qualified counsel to confirm how SB 140 applies to your specific operations.
Official references:
- Bill text: Texas Legislature – SB 140 (Enrolled)
- Registration form: Form 3401 – Telephone Solicitation Registration/Renewal (PDF)
- Related forms/instructions: Texas SOS Forms Page