Texas SB140: Essential Changes Impacting SMS and MMS Marketing

Starting September 1, 2025, the state of Texas began enforcing Senate Bill 140 (SB140). This new law adds stricter rules, along with potential fines and penalties, for SMS and MMS solicitations. Below, we’ll walk through what’s changing and what it could mean for your business.

As a reminder, if you’re sending SMS or MMS through Textel or Capacity, you’re responsible for staying compliant with these regulations. Any fines or penalties would be specific to your business. 

What is Texas Senate Bill 140?

SB140 expands the definition of “telephone solicitation” to now cover SMS and MMS messages that promote goods or services. This means text messages fall under the Texas Deceptive Trade Practices Act (DTPA), which allows consumers to take legal action against non-compliant businesses. Businesses that don’t follow the new rules could face significant penalties. 

How does this impact my business?

If your business sends marketing messages (voice or text) to Texas residents or operates from Texas, you may need to register with the Texas Secretary of State as a "seller" unless an exemption applies. We recommend checking with your legal counsel to see if the SB140 amendment applies to your business.

You may be exempt from registration if your business:

  • Sends messages only to current or former customers and has been operating for at least two years under the same name
  • Is a publicly traded corporation
  • Is a supervised financial institution
  • Sends on behalf of an educational institution or 501(c)(3) nonprofit organization

For businesses that are not exempt, registration requirements include submitting a form, paying a $200 annual fee, maintaining a $10,000 security deposit, and renewing annual registration. 

Compliance reminders

Even if exempt from registration, all businesses must comply with:

  • Quiet Hours: No marketing messages before 9 a.m. or after 9 p.m. Monday through Saturday, and before noon or after 9 p.m. on Sundays in Texas. 
  • Consent Requirements: You must obtain and document consent before sending marketing messages. 
  • Opt-Out Management: Provide immediate and easy opt-out methods and honor all opt-out requests promptly.
  • Do-Not-Call Lists: Do not send messages to numbers on the Texas No Call List or National Do Not Call Registry.

Next step

We recommend that you consult with your legal counsel to determine if SB 140 applies to your business and if you qualify for any exemptions.  Furthermore, you may want to review your outbound communication practices to ensure compliance with all relevant Federal and State requirements.

Legal Disclaimer

This notification is provided for informational purposes only and does not constitute legal advice. 


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