SB 140, Texas's mini-TCPA, took effect on September 1, 2025, bringing marketing texts under the same rules as traditional telemarketing. For businesses that text customers in Texas, it raised real questions about what's now required.
This guide outlines who is affected, what's changed, how to stay compliant, and how Omnisend can help, following a November 2025 settlement with Texas that brought important clarity for opt-in SMS senders.
Disclaimer: This guide is provided for general informational purposes only and does not constitute legal advice. Omnisend makes no representations or warranties regarding the accuracy, completeness, or applicability of the information contained herein, and assumes no responsibility or liability for any actions taken based on it. Consult qualified legal counsel to obtain advice with respect to any particular legal matter.
Overview: What’s Changing?
SB 140 redefines telephone solicitation to include SMS and MMS messages sent with the intent to advertise or sell goods or services.
Key updates:
SMS/MMS promotions are now regulated as telemarketing.
Businesses may need to register with the Texas Secretary of State, post a $10,000 bond, and file quarterly reports under Chapter 302, unless an exemption applies (see possible exemptions below).
Non-compliance can give rise to liability under the Texas Deceptive Trade Practices Act (DTPA), adding a significant layer of potential litigation risk.
More consumer protection means a higher risk for businesses that don't follow the rules.
November 2025 update: A legal challenge to SB 140 was resolved by settlement in November 2025. As part of that resolution, the Texas Secretary of State confirmed it does not interpret SB 140's registration requirements to apply to businesses that text only people who have affirmatively opted in. Official FAQ guidance reflecting this position is published on the Texas Secretary of State website.
What This Means for Consent-based Senders
If your SMS program is built on genuine opt-in consent, you may not need to register with the Texas Secretary of State, post the $10,000 bond, or file quarterly reports under Chapter 302. This lowers state enforcement risk meaningfully for compliant senders.
⚠️ Important: This is the State's enforcement interpretation, not a binding court ruling. SB 140's private right of action under the DTPA still applies, so consumers can sue businesses directly for non-compliant messaging. Every business is different, so it's worth weighing your own circumstances and risk tolerance to decide what's right for you, ideally with input from qualified legal counsel.
What's still ahead: As part of the settlement, the Texas Secretary of State formally requested a written opinion from the Texas Attorney General that would reinforce this position, adding another layer of certainty. That opinion isn't out yet, so treat the current guidance as solid but not the final word. We'll update this article once there's more to share.
Already registered? Here's how to withdraw:
If you submitted a registration before this guidance was published, you may be able to withdraw your application – but only before the Secretary of State has acted on it. The Secretary of State's official FAQ guidance sets out the current position on consent-based texting and how to submit a withdrawal.
Who Is Affected?
Any business or third-party vendor that sends promotional SMS/MMS to:
Contacts with Texas area codes.
Customers with a Texas mailing or billing address.
Examples of messages covered under SB 140:
Welcome series
Abandoned cart reminders
Product launches or deals
Automated or manual promotional texts
Even if you are already TCPA-compliant, you must adhere to Texas-specific requirements.
Exemptions from Registration
The law also exempts certain types of organizations from the registration requirement, regardless of consent. Common categories include:
Category | Examples |
Nonprofits & Education | 501(c)(3) organizations, schools |
Public Companies | SEC-registered businesses |
Financial Entities | Banks, credit unions, and insurers |
Food Sellers | Businesses marketing the sale of food |
Repair & Service Providers | Following up with existing customers |
Retailers with Storefronts | Physical stores (2+ years under the same name) |
B2B Suppliers | Selling to businesses for resale/manufacturing |
Always consult your legal counsel. Exemptions depend on company-specific factors that you and your counsel are in the best position to assess.
What Genuine Consent Means
The State's guidance applies only to contacts who have affirmatively opted in. Not all opt-in methods qualify. The following do not count as genuine consent:
Pre-checked boxes
Consent buried in terms and conditions
Purchased or rented contact lists
Consent originally collected for a different brand or purpose
Cold outreach and prospecting to people who have not explicitly opted in remain fully in scope under SB 140.
Action Steps for Compliance
Here's a practical checklist for staying compliant when you text customers in Texas:
Step | What to Do |
1️⃣ Review Audience | Use Omnisend segmentation to identify TX-based contacts (area code or address). |
2️⃣ Register (If you prefer added certainty) | If all your Texas contacts affirmatively opted in, you may not need to register with the Texas Secretary of State, post the $10,000 bond, or file quarterly reports. See the Texas SoS FAQ for official guidance. If you cannot confirm genuine opt-in across your full list, or if you prefer additional legal certainty, registering remains an option. Consult your legal counsel. |
3️⃣ Respect Texas Send-Time Limits | Promotional texts to Texas contacts must be sent 9 am – 9 pm Mon – Sat and noon – 9 pm Sun, Central Time. These are stricter than federal TCPA hours (8 am – 9 pm). |
4️⃣ Scrub the Texas DNC List | Suppress messages to numbers on the Texas Do Not Call (DNC) registry, unless those contacts opted in directly to your SMS program. |
5️⃣ Update Message Disclosures | Identify your brand in every SMS, confirm it's a promotion, and include an opt-out instruction (e.g., "Reply STOP"). |
6️⃣ Honor Opt-Outs Immediately | Process STOP requests in real time. Do not send follow-up messages after a contact unsubscribes. |
7️⃣ Get Consent Right | Make sure opt-in is clear, specific to your brand, and not pre-checked or buried in terms. |
8️⃣ Document Consent Records | Keep auditable records of all opt-ins – including timestamps, source (e.g., signup form), and how consent was obtained. |
9️⃣ Train Your Team | Educate staff and vendors on SB 140 requirements and update any SMS-related contracts accordingly. |
How Omnisend Supports Compliance
Omnisend provides built-in tools to help you meet SB 140 requirements.
Segmentation by location (area code or address).
TCPA-compliant opt-in capture (Signup Forms).
Automatic opt-out management (via “STOP” replies).
💡 To create a Texas SMS Subscribers segment, go to Audience → Create segment, search for "Texas SMS Subscribers", and customize as needed. Exclude this segment from any campaigns sent to non-consented contacts.
Final Takeaway
The State of Texas has confirmed that businesses texting only opted-in contacts generally do not need to register or post the $10,000 bond. That meaningfully lowers enforcement risk for compliant senders.
It does not eliminate all risk. Consumer lawsuits under the DTPA remain possible, and the State's position is not binding court precedent. You need to:
Send only to opted-in contacts.
Respect Texas send-time limits.
Process opt-outs immediately.
Keep clear consent records.
Unsure whether SB 140 applies to your program or whether to register? Your legal team is best placed to advise on your specific situation.
Want to talk to support? Use the in-app chat or send your questions to [email protected].