On September 1, Texas will start enforcing SB 140, a bill that expands the state’s definition of “telephone solicitation” to include text messages. Under this update, any promotional SMS, MMS, or image-based message now qualifies as telemarketing. Under prior law, those making “telephone solicitations” in Texas had to register as telemarketers in some cases, file statements, and meet certain disclosure obligations.
That change alone would be enough to raise eyebrows. But SB 140 also gives Texas residents the right to sue under the Deceptive Trade Practices Act (DTPA), without needing to go through a state agency. That means consumers (and plaintiff’s attorneys) can file lawsuits directly, with the potential for triple damages, attorney’s fees, and claims of mental anguish.
Worse, there’s no cap on claims for repeated violations. That could turn into multiple expensive lawsuits, fast.
For marketers, this means SMS is no longer a low-risk channel in Texas. If you’re sending messages to Texas numbers (even if you’re based elsewhere) you’ll need to treat those texts like regulated calls:
- Businesses sending SMS to Texas residents are responsible for registering with the Texas Secretary of State
- Confirm opt-in consent is explicit and documented (sending to customers-only)
- Honor opt-outs immediately and reliably
- Review your automated workflows
- Decide to build a segmentation to suppress Texas residents
- Make sure your legal and compliance teams are briefed
Marketers who rely on SMS for promotions, marketing, or automated flows for SMS should take this seriously. Failure to register, send during approved call hours, message non-customers, or ignore opt-out requests can lead to fines and litigation exposure. Once the door opens for private litigation, it rarely closes. Businesses should act quickly to audit their SMS programs, consult counsel, register if needed, honor opt-outs, and adjust timing windows.
Act-On customers wondering how this impacts their business, and what steps to take, can contact customer support for help.