Texas SB 140, effective September 1, 2025, rewrote the definitions in Texas telemarketing law so that a telephone solicitation now includes any transmission of a text or graphic message or an image sent to induce a purchase. That single change pulled marketing SMS into a regime built for phone banks.
What Texas SB 140 Changed
Covered solicitations now fall under the Texas telemarketer registration regime in Chapter 302 of the Business and Commerce Code, the Texas no-call rules in Chapter 304, and related provisions in Chapters 301 and 305. Sellers making solicitations to Texas numbers may need to register with the Secretary of State and post security unless an exemption applies, honor the Texas no-call list, and observe state calling restrictions.
Stronger Private Enforcement
The bill also strengthened private enforcement: violations are actionable through the Texas Deceptive Trade Practices Act, the statute is to be liberally construed, and prior recoveries do not limit future claims, with plaintiffs seeking statutory damages that can reach thousands of dollars per violation. Because registration failures and unsolicited texts are both actionable, any business texting Texas consumers should confirm registration status or a documented exemption and keep signed opt-in consent records.
Source: Texas Legislature Online: SB 140 (2025)
Report a violation: If you believe a business is violating this law, you can file a complaint with the Texas Attorney General Consumer Protection Division.
