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

Update - November 2025

A previous version of this blog post discussed the impact of Texas Senate Bill 140 (SB 140) on opt-in SMS marketing. This blog post has been updated to cover clarification made later around the opt-in SMS marketing use case.

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.

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.