Texas SMS Marketing Laws & Compliance

⚠️ Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change and interpretations evolve. Always consult legal counsel to confirm how Texas SMS laws apply to your specific business situation.

Applies to brands using SiteVibes for SMS Marketing

Overview

Effective September 1, 2025, the State of Texas expanded its telemarketing laws to explicitly include text message marketing (SMS and MMS). This change, enacted via Texas Senate Bill 140 (SB 140), affects businesses that send promotional text messages to residents of Texas or send marketing texts from within Texas.

Under SB 140, businesses engaged in SMS marketing may be required to register with the Texas Secretary of State, meet certain operational requirements, and maintain compliance with consent and content rules.

What’s Changed

Historically, Texas telemarketing law focused primarily on live phone calls. SB 140 revised the definition of “telephone solicitation” to include SMS/MMS and similar electronic messages sent to promote products or services.

Key changes include:

• SMS/MMS messages now fall under “telephone solicitation.” This means text-based promotions can be subject to the same rules that previously applied only to phone calls.

• Registration requirements may apply if you send marketing texts to or from Texas.

• Penalties for noncompliance can be significant, potentially thousands of dollars per message.

• Consent requirements are strengthened: you must obtain clear, unambiguous Prior Express Written Consent from recipients before sending promotional SMS.

Who Must Comply

SB 140’s marketing text message rules apply broadly to:

• Any business that qualifies as a “seller” under Texas law and texts promotional content to Texas residents.

• Companies sending marketing SMS from within Texas, even if not based there.

Note: If your SMS program only sends transactional or operational messages (e.g., order confirmations, shipment updates), those are generally not considered marketing texts under this law.

Registration Requirement

Under SB 140, businesses that send marketing text messages may need to:

1. Register with the Texas Secretary of State as a telephone solicitor. You will need to fill out the registration form and submit it. 

2. Pay a filing fee (commonly around $200).

3. Provide a Surety Bond or security deposit (frequently $10,000 or an equivalent bond).

4. Renew annually and keep registration records current.

Because Texas law and administrative guidance are evolving, consult the Texas Secretary of State for the latest forms, fees, and instructions. (See the SOS website directly for those details.)

Exemptions & Consent-Based Messaging

Some forms of marketing outreach may fall into exemptions, including — but not limited to — certain nonprofit organizations, financial institutions, and communications with current or former customers who have consented.

Importantly, consent-based SMS marketing — where recipients have provided documented prior written consent to receive promotional texts — may be interpreted under Texas legal guidance as not requiring registration. While this interpretation has been supported by court orders and statements from the Texas Attorney General, it remains subject to legal debate and is not yet codified as a definitive exemption.

In practical terms: brands should continue to secure explicit SMS opt-ins and retain records of consent. Strong consent practices not only help with legal compliance but also reduce risk if registration questions arise.

Operating SMS Marketing in Texas with SiteVibes

SiteVibes enables brands to send SMS marketing messages within compliant campaigns. However:

• SiteVibes currently does not offer an option to pause sending to Texas numbers automatically.

• You remain responsible for determining whether your SMS sends fall under Texas SB 140 and for taking appropriate compliance steps.

• You must ensure all recipients in your SiteVibes SMS lists have proper opt-in consent before sending promotions.

Best Practices for Texas Compliance

To help minimize risk:

1. Collect and Document Opt-In Consent

Obtain clear, affirmative written consent from all SMS subscribers before sending promotional messages. Include clear disclosure of message frequency, content type, and opt-out instructions.

2. Maintain Accurate Records

Keep detailed records of consent and subscriber preferences. These records can be critical if compliance questions arise.

3. Review Your Audience Lists

If your list contains numbers potentially linked to Texas residents, evaluate whether Texas law applies to those recipients.

4. Consult Legal Counsel

Because the regulatory landscape is developing, consult qualified legal counsel to determine whether your business must register and what obligations apply.

Cutting Through the Noise: Recent Legal Developments and SiteVibes’ Position

Since the passage of Texas Senate Bill 140 (SB 140), there has been ongoing discussion and confusion around how the law will ultimately be enforced—particularly for consent-based SMS marketing programs.

This uncertainty stems in part from recent legal activity involving the Ecommerce Innovation Alliance (EIA) and the State of Texas. Following a lawsuit and settlement, some legal interpretations have suggested that SB 140 may not apply to marketing messages sent with proper prior express written consent.

While this interpretation is encouraging, it currently has limited legal effect.

The Texas Attorney General has publicly indicated that SB 140 does not apply to consent-based marketing; however, this position is advisory, not binding. An explicit exemption for consent-based SMS marketing can only be definitively established by either:

• A court ruling, or

• Legislative action amending the statute.

Until that happens, there remains uncertainty around whether registration is required for all marketing messages sent to or from Texas—even when consent is obtained.

Because that uncertainty carries meaningful risk, SiteVibes recommends a compliance-first approach. If a court later disagrees with the Attorney General’s interpretation, businesses that send unregistered marketing text messages could face significant penalties—up to $5,000 per message.

To put this into perspective:

• A campaign sending 1,000 marketing texts to Texas recipients could theoretically result in up to $5 million in potential liability.

• The EIA settlement limits government enforcement but does not prevent private lawsuits, which may still be brought by recipients.

If your business is comfortable relying on the Attorney General’s interpretation, public guidance from the EIA outlines steps to cancel or request refunds for existing registrations. This option is not limited to EIA members. However, SiteVibes cannot advise on whether that approach is appropriate for your business.

SiteVibes continues to monitor legal developments closely and will update this documentation as new guidance, enforcement actions, or court rulings emerge.

Next Steps

Given the evolving nature of Texas SMS regulations, it’s important to review whether these requirements apply to your business.

If you believe Texas SMS rules may affect your SMS marketing program, we recommend:

• Consulting qualified legal counsel to determine whether SB 140 applies to your messaging practices.

• Registering with the Texas Secretary of State, if appropriate, as the most reliable path to compliance.

• Reviewing your SMS opt-in flows and consent records to ensure prior express written consent is properly obtained and documented.

• Ensuring all promotional messages include clear identification, opt-out instructions, and comply with applicable quiet-hour requirements.

⚠️ Important note:
SiteVibes currently does not offer a Texas-specific sending pause feature. Customers are responsible for managing compliance decisions related to Texas recipients within their SMS programs.

You may also contact the Texas Secretary of State directly for the most current information regarding registration requirements, fees, and exemptions.