Written by
AdminCategory
BLOG POSTS
Written by
AdminCategory
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.
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:
We recommend checking with your legal counsel to determine if SB-140 applies to you.
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.
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.
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.
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.
Get started with Community