If you thought text message marketing was a safe and effective way to stay connected with your customers, Texas just threw a wrench into your playbook. On September 1, 2025, Senate Bill 140 officially went into effect, dramatically expanding the state’s “mini-TCPA” (Telephone Consumer Protection Act) to include text messages.
I am not a lawyer, and this is not legal advice. This article is a well-intentioned heads-up for businesses trying to stay compliant and competitive. Consider it a marketer’s perspective on a law that may be well-meaning but feels like regulatory overreach. In other words: text at your own risk.
What SB 140 Requires
Here’s the gist of what the new law says about text message marketing in Texas:
- Texts are now considered telemarketing. Any message that encourages the purchase, rent, or receipt of an item can be regulated.
- Registration and Fees: Businesses must register annually with the Texas Secretary of State, pay a $200 filing fee, and post a $10,000 security bond.
- Message Disclosures: You may be required to provide copies of planned messages or workflows.
- Quiet Hours: No texts before 9am or after 9pm (Monday–Saturday), or before noon on Sundays.
- Do-Not-Call Compliance: You must scrub your list against both the Texas and National Do-Not-Call lists.
- Enforcement: Penalties are steep—up to $5,000 per violation, plus liability under the Texas Deceptive Trade Practices Act (DTPA), which can mean lawsuits, treble damages, and attorney fees.
Official bill text: Texas SB 140
Further reading:
Paul Hastings analysis,
Godfrey & Kahn summary,
Klaviyo compliance overview
Where It Gets Messy
From a marketing perspective, the biggest problem isn’t what’s written—it’s what isn’t clear.
Does SB 140 apply to:
- Missed call text-backs? Probably—if they’re promotional, yes. But what if they’re just acknowledgments? Ambiguous.
- Calendar appointment confirmations? These feel transactional, but the law doesn’t carve out clear exemptions.
- Website form “message received” texts? Transactional in nature, but could regulators argue otherwise? Possibly.
- Marketing workflows with opt-ins? Likely covered—your safest bet is to treat them as solicitations.
The bottom line: the line between “transactional” and “marketing” is blurry. And blurry can mean expensive.
Enforcement Headaches for Small Businesses
How is a small business realistically supposed to:
- Check two separate Do-Not-Call lists?
- Track customers who move to Texas (hello, ex-California transplants)?
- Prove consent in court if challenged by regulators?
Yes, opt-in forms help. But what if someone on the DNC list still fills one out? Will a regulator side with the business—or the consumer? The burden of proof is firmly on you. Keep airtight records of opt-in forms: date, time, IP address, the exact language displayed, and preferably a double opt-in.
The $10,000 Bond Requirement
- You don’t actually pay $10,000 up front—you purchase a surety bond that guarantees coverage up to that amount.
- Cost: usually about 1–10% annually of the bond value depending on credit—roughly $100–$1,000 per year out of pocket.
- Still, it’s one more barrier for Main Street businesses trying to market responsibly.
A Bigger Problem: Commerce vs. Compliance
If other states adopt Texas’s model, we’re looking at a messy patchwork of rules that make modern customer communication nearly impossible.
Large corporations will find a way. But small businesses? They’ll be forced to choose between:
- Stopping text marketing altogether, or
- Risking fines and lawsuits for doing what customers want—timely reminders, confirmations, and updates.
That’s not protecting consumers. That’s stifling commerce. We’re from the government, we’re here to help.
What You Should Do Now
- Document every opt-in. Screenshot your forms, save consent records, and implement double opt-ins where possible.
- Audit your workflows. Review whether your messages could be construed as solicitations.
- Talk to legal counsel. Get clarity on how this applies to your business.
- Use smarter tools. Choose platforms with compliance automation (quiet hours, DNC scrubbing) to reduce risk.
At Fulcrum Concepts, we don’t provide compliance services, but we do keep our clients updated on changes like SB 140 so they can make informed decisions about their marketing strategies.
P.S. As we head into fall, pumpkin spice shouldn’t be the scariest thing on your calendar. But thanks to SB 140, a single text message could cost you $5,000.
*** This isn’t legal advice—it’s a marketer’s reality check. Text at your own risk. ***
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