Effective September 1, 2025, businesses sending promotional SMS/MMS messages to Texas residents must comply with Senate Bill 140 (SB 140).
This guide outlines who is affected, what changes are coming, how to stay compliant, and how Omnisend can help.
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. You should 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.
Non-compliance can be prosecuted under the Texas Deceptive Trade Practices Act (DTPA).
Individuals may file lawsuits and claim up to 3x actual damages.
More consumer protections mean a higher risk for businesses not following the law.
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 beginning September 1, 2025.
Possible Exemptions
Some entities may be partially or fully exempt. Common exemptions include:
Category | Examples |
Nonprofits & Education | 501(c)(3) organizations, schools |
Public Companies | SEC-registered businesses |
Financial Entities | Banks, credit unions, insurers |
Food Sellers | Grocery, meal delivery services |
Repair & Service Providers | Following up with existing customers |
Retailers with Storefronts | Physical stores (2+ years under same name) |
B2B Suppliers | Selling to businesses for resale/manufacturing |
Always consult legal counsel to confirm your eligibility for exemption.
Action Steps for Compliance
Here’s a checklist to get your SMS program compliant with SB 140:
Step | What to Do |
1️⃣ Review Audience | Use Omnisend segmentation to identify TX-based contacts (area code or address). |
2️⃣ Register (If Required) | Check if you must register as a telemarketer with the Texas Secretary of State. This may involve a filing fee and bond. |
3️⃣ Use Texas DNC List | Suppress messages to numbers on the Texas Do Not Call (DNC) registry unless they opted in directly. |
4️⃣ Update Disclosures | Add clear disclosures in SMS: identify your brand, state it's a promo, and include opt-out (e.g., “Reply STOP”). |
5️⃣ Document Consent | Keep records of all opt-ins—how, when, and where they were obtained. |
6️⃣ Train Your Team | Educate staff and vendors on SB 140, and update SMS-related contracts. |
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 (popups, forms, automation)
Automatic opt-out management (via “STOP” replies)
To create a Texas SMS Subscribers segment, use our pre-built template. For this, go to Audience → Create segment → Search for "Texas SMS Subscribers" → Customize. Exclude this segment from your communication.
Final Takeaway
Starting September 1, 2025, SMS = telemarketing in Texas.
Failure to comply can result in:
Lawsuits from recipients
Civil penalties and damages
Brand reputation harm
Note: Email marketing is not affected, but continue following CAN-SPAM and other federal laws.
Unsure if SB 140 applies or if you're exempt? → Contact your legal team for guidance.