Starting September 1, 2025, a new Texas law—Senate Bill 140 (SB 140)—will affect how businesses approach text messaging. If your brand engages in SMS, MMS, or RCS marketing to Texas residents, this legislation could impact your compliance obligations.

Text Messages Now Count as “Telephone Solicitations”

SB 140 expands the definition of “telephone solicitation” to include text and graphic messages intended to promote a product or service. This means that marketing texts may now fall under Texas’s telemarketing registration and disclosure requirements.

Additionally, violations of these requirements are now considered violations of the Texas Deceptive Trade Practices Act, which allows for private legal action—raising the stakes for non-compliance.

Who May Need to Register?

If your company sends marketing messages from Texas or to Texas residents, you may need to register with the Texas Secretary of State as a “seller.” This includes:

• Paying a $200 annual fee
• Maintaining a $10,000 security deposit
• Renewing registration annually
• Filing quarterly reports listing salespeople and their residential addresses
• Posting your registration certificate in a visible location

You’ll also need to provide specific disclosures in your marketing messages, such as:

• The address the salesperson is calling from and the address of the seller’s principal location (if different)
• Terms and conditions for any “free” offers
• Likelihood of receiving a specific item from a promotional set
• Information related to oil, gas, or mineral interests (if applicable)

Not sure how to provide the above disclosures? Talk to your Listrak Account Manager for some options you can discuss with your legal team.

Exemptions

However, there are several exemptions under Texas law. You may not need to register if your company falls into one of these categories:

• Publicly traded companies
• Businesses soliciting the sale of food
• Companies soliciting existing or former customers under the same business name for at least two years
• Brands that operate primarily through brick-and-mortar stores under the same name for at least two years

Consult your legal counsel to determine whether your business qualifies for an exemption under Tex. Bus. & Com. Code §§ 302.051–302.061.

Don’t Forget About Quiet Hours

Texas law also restricts when you can contact consumers with unsolicited communications:

• Monday–Saturday: No calls between 9 p.m. and 9 a.m.
• Sunday: No calls before 12 p.m. or after 9 p.m.

These rules may apply to your marketing programs, so it’s important to review them with legal counsel. Listrak enables you to set quiet hours for your program, and a conservative approach would be to set them from 8:00am-12:00pm with time zone optimization. Now would be a good time to check that you have quiet hours enabled, and to make sure your team is aware of potential risks of sending during that window. As always, reach out to your Account Manager with any questions.

Stay Compliant with Listrak

If you're a Listrak client, ensuring proper consent for all marketing messages is already part of your agreement—and it supports your compliance with Texas law. With SB 140 taking effect soon, now is the time to review your practices and confirm you're aligned with all applicable regulations.

The information herein is for informational purposes only and is not legal advice.  You are responsible for ensuring your marketing program complies with all federal and state laws.  It is recommended that your legal team reviews and approves your marketing program.