Texas’s New SMS Marketing Law (SB 140): What Brands Need to Know — and Why There’s No Need to Panic
Starting September 1, 2025, Texas will update its telemarketing law under Senate Bill 140 (SB 140) to include SMS, MMS, and image/graphic messages in the definition of “telephone solicitation.”
While it’s an important regulatory change — and there’s plenty of anxiety-inducing buzz on the internet — this is not a reason to halt your SMS campaigns. For most brands already practicing responsible, permission-based messaging, adhering to this new law will feel like a natural extension of what you’re already doing.
It is one of the main reasons why, from day one, our partnership with customers is about equipping them with the right tools and timely information while fostering strong channel expertise — because no technology provider can replace the value of a marketer who truly understands how to use SMS effectively and responsibly.
Read on to learn more about how Texas Law SB140 might impact your SMS marketing strategy.
Updated on 12 Aug 2025
Table of Contents
- Who May Be Exempt From the New Texas SB 140 Law
- What Texas SB 140 Law Means For Those Who Are Not Exempt
- Engaging with Your Existing Customers in Texas and Beyond
- Engaging New Customers in Texas and Beyond
- Insider has All the Right Tools in Place to Help Brands Meet This Moment and Future-Proof Their SMS Campaigns
- Texas Law SB 140: An Opportunity to Strengthen Your SMS Marketing
Most Popular
Who May Be Exempt From the New Texas SB 140 Law
Many businesses will not need to register under SB 140. You may qualify for an exemption if:
- You’ve operated under the same name for at least two years and either:
- Only contact existing or former customers, or
- Operate a brick-and-mortar retail store where most sales occur in person
- You are a publicly traded company or subsidiary
- You are a qualifying nonprofit, financial institution, or educational institution
- You primarily market food products
Because exemptions depend on your unique situation, we encourage you to confirm with legal counsel before assuming you qualify.
What Texas SB 140 Law Means For Those Who Are Not Exempt
If you don’t qualify for an exemption and you send marketing SMS to Texas residents, you will need to:
- Register with the Texas Secretary of State (approx. $200 fee)
- Post a $10,000 security deposit (bond, letter of credit, or certificate of deposit)
- Renew annually
- Wait for an official registration certificate before sending messages
In addition, quiet hours will be legally enforceable:
- Mon–Sat: No messages between 9:00 PM – 9:00 AM
- Sun: No messages between 9:00 PM – 12:00 PM
The law also gives consumers a private right of action, meaning they can sue directly for violations, with certain offenses carrying triple damages under the Texas Deceptive Trade Practices Act.
Engaging with Your Existing Customers in Texas and Beyond
While this post is meant to educate on the impact of Texas law, these principles will serve you well when applied universally to your entire subscriber base.
- Audit Your Contact List — Identify Texas residents and confirm they’ve provided valid opt-in consent, but take it a few steps further. Implement quarterly, biannual, or annual audits of your entire audience to ensure you always have the latest status of your subscribers in the US and other regions. Staying compliant globally starts with knowing your audience.
- Check Exemption Eligibility — If you’ve operated under the same name for at least two years and only message current or former customers, you may be exempt from registration. With privacy laws tightening, regular check-ins with your legal counsel will build internal discipline, future-proof your campaigns, and instill confidence in your team.
- Revisit Your Quiet Hours Settings — If you already have good compliance checks and balances in place, you’re likely following quiet hours. Still, take this as a chance to double-check for peace of mind and adjust scheduling if necessary.
- Maintain Opt-Out Hygiene — Ensure opt-out keywords work instantly and that suppression lists are updated in real time. This is a foundational SMS marketing principle that should be applied to all subscribers, not just those in Texas.
- Document Everything — Keep detailed consent records, message histories, and proof of exemption status in case of an audit. For regulated industries, this is already standard practice. If you’re starting out, now is the perfect time to build a process that works for your organization.
Engaging New Customers in Texas and Beyond
If you’re expanding your SMS program or adding Texas subscribers:
- Capture Clear, Written Consent — Use explicit disclosures and set up an explicit opt-in when acquiring new subscribers — not just in Texas, but for all new customers.
- Set Expectations Upfront — Automate subscriber onboarding workflows so new sign-ups know what messages they’ll get, how often, and encourage them to save your brand number with a contact card.
- Apply Quiet Hours Immediately — Configure campaigns to respect Texas sending restrictions from day one. Better yet, identify the strictest regulations among all states and apply them across your entire subscriber database. This keeps you ahead of evolving laws and builds long-term trust.
- Segment by Location — In the near term, keep Texas contacts in a separate segment so rules can be applied consistently. Long term, aim to apply the highest regulatory threshold to your entire audience. You’ve invested heavily to acquire customers; respecting their privacy equally, no matter where they live, helps retain them.
- Plan Ahead for Registration — If you’re marketing to non-customers or your business is less than two years old under the same name, begin the registration and bonding process before September 1. Texas may be first, but more states will likely follow. Use this as a chance to prepare for a fast-changing regulatory environment and turn it into a blueprint for the future.
- Monitor & Adjust — Watch opt-out rates and engagement metrics to refine both compliance and relevance. Integrate SMS into your cross-channel strategy. Not every subscriber needs every campaign; use SMS when it’s truly urgent and relevant, and let other channels carry the rest.
Insider has All the Right Tools in Place to Help Brands Meet This Moment and Future-Proof Their SMS Campaigns
Ready to put these recommendations into practice? Insider SMS already has built-in native compliance management, segmentation, and automated workflows to give your teams peace of mind.
- Silent Hours Automation — Automatically block sends to specific regions during restricted times, including Texas’s quiet hours.
- Native Consent Management — Capture, store, and manage opt-ins with clear records to meet both TCPA and state-specific requirements.
- Automated Opt-Out Handling — Suppression lists update in real time to ensure no further messages are sent after an unsubscribe.
- Full Audit Trail — Maintain timestamped proof of consent, message delivery, and opt-out activity for auditing purposes.
- Cross-Channel Orchestration — Combine SMS with email, push, WhatsApp, and other channels so that each message is timely, relevant, and respectful of customer preferences.
Texas Law SB 140: An Opportunity to Strengthen Your SMS Marketing
While it’s natural to feel frustrated or anxious about new regulations, SB 140 empowers your customers and provides your team with a clear playbook for protecting your brand and your relationships.
By framing compliance with SB 140 as part of a thoughtful, customer-first approach, you’ll not only meet legal requirements but also improve campaign performance, reinforce loyalty, and strengthen the fundamentals of great SMS marketing.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always confirm requirements with your legal counsel before making compliance decisions.
