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What the New Texas SB 140 Expansion to SMS/MMS Means for Your Marketing Efforts

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SB 140 No Longer Applies to Opt-In SMS Marketing

We’re sharing a critical update regarding Texas Senate Bill 140 (SB 140), which previously impacted businesses sending SMS or MMS marketing messages to recipients with Texas phone numbers.

Effective immediately, the Texas Attorney General has confirmed that consent-based SMS programs are not subject to SB 140's registration or bond requirements. This means businesses that only message users who have explicitly opted in can continue texting without needing to register or secure a $10,000 bond.

No registration required
No bond obligation
No $5,000-per-message liability for compliant senders

What Prompted the Change?

In a recent lawsuit brought by the Ecommerce Innovation Alliance, the State of Texas clarified that SMS marketing programs that require opt-in are not considered “telephone solicitations” under SB 140. As a result, such programs are exempt from the law's stricter requirements, including:

Filing Form 3401 with the Texas Secretary of State
Paying location-based fees
Posting a $10,000 surety bond
Risking penalties of up to $5,000 per message

This means if your brand sends SMS/MMS only to individuals who have explicitly opted in, you're in the clear.

What Does This Mean for Community Customers?

It’s back to business as usual and we’re making the necessary platform updates:

New members with Texas area codes can now join your Community. We’ve lifted the temporary hold on Texas numbers.
No additional steps are needed from your team if you’re already following opt-in best practices.
If your company has filed to register under SB 140, you may now choose to withdraw that registration.

Compliance Still Matters

While SB 140’s most burdensome elements no longer apply to opt-in messaging, businesses are still expected to:

Collect and store proper consent records
Honor opt-outs immediately
Comply with quiet hours and delivery timing expectations

The Texas Deceptive Trade Practices Act (DTPA) still allows for private legal action if consumers believe their rights were violated. Community’s tools help you stay compliant by default.

This is a win for every brand committed to building authentic relationships with their audience. If you’re focused on permission-based messaging and using Community’s tools the right way, you’re already aligned with the new standard.

Effective September 1, 2025, Texas Senate Bill 140 (SB 140) amended its state version of the federal Telephone Consumer Protection Act and introduces stricter requirements for businesses that send SMS or MMS marketing messages to Texas residents. Yes, this matters, but no, it’s not something to panic about.

Here’s what you need to know and how Community is built to keep you compliant and successful.

What is SB-140?

SB-140 expands the definition of “telephone solicitation” to include SMS and MMS messages promoting goods or services. This change subjects such messages to the Texas Deceptive Trade Practices Act (DTPA), giving consumers a direct private right of action. Noncompliance may lead to significant legal liability.

What’s Actually Changing?

SB 140 updates Texas’s mini-TCPA laws, extending its rules beyond just phone calls to now include text, image, and other electronic messages, broadening the definition of “telephone solicitation.” That means a business that sends commercial SMS/MMS messages to Texas (a “Solicitor”) may be viewed the same way as telemarketing phone calls in Texas.

Key changes include:

Registration requirement: Certain businesses (who do not qualify for exemption) must register with the Texas Secretary of State to continue sending text-message solicitations to recipients in Texas. They must do so by filing Form 3401 with the Secretary of State. Those companies that must file a registration also have to provide a fee per location and a bond.
Higher liability: The new law grants consumers a private right of action for violations of call-time rules, registration failures, and opt-out requests.
Stricter penalties: The penalties have increased from $500 to $5,000 per violation.

We recommend checking with your legal counsel to determine if SB-140 applies to you.

Does your business qualify for exemption?

The Texas law provides for several Exemptions, where registration is not required. Some exemptions apply to companies who are subject to state or federal regulations, like publicly-traded companies, financial institutions, law firms, insurers, non-profits and education institutions, as well as entities with retail establishments and entities who only solicit current and former customers, for example. Exemptions are listed in Subchapter B of SB 140.

How You Can Continue Messaging your Texas Audience Compliantly

If you do not qualify for exemption, to stay fully compliant you must register with Texas by filing with the Secretary of State using Form 3401 and meeting all requirements outlined therein. Again, we recommend checking with your legal counsel to determine if SB-140 applies to you.

Final Thoughts

You don’t have to stop texting Texas residents, you just have to take the extra steps to ensure your company stays compliant.

This law was written to protect consumers from unsolicited messages, not from brands they love and choose to hear from. If you're building genuine, two-way conversations (which you are), you’re on the right side of this shift.

To learn more about SB-140, check out this FAQ published by the Texas Secretary of State.

To learn more about how Community simplifies text messaging and TCPA rules, read this blog post.

Legal Disclaimer

Disclaimer: Please note this post is provided for informational purposes only and it is not shared to provide any legal advice. We encourage our customers and all marketers to consult with their own legal counsel to understand compliance with Texas SB 140 and/or other laws and regulations applicable to their business.