Effective September 1, 2025, SB 140 expands Texas’ telemarketing law to cover SMS/MMS and image messages. Businesses who send marketing texts from Texas or to persons located in Texas must register with the Texas Secretary of State ($200 filing fee; $10,000 security deposit).
Violations carry significant liability: (i) civil penalties of up to $5,000 per violation (enforced by the Texas Attorney General); (ii) statutory damages between $500 and $1,500 per violation, via lawsuits brought by private individuals; and (iii) Texas Deceptive Trade Practices Act (DTPA) exposure: telemarketing violations are treated as false, misleading, or deceptive acts, giving consumers a private right of action. Prior recoveries do not bar future claims, allowing for multiple awards for the same conduct.
When Registration Is Not Required: Key Exemptions
- Former or current customers (§302.058): this exemption applies only if the recipient is an actual former or current customer and the business has operated under the same business name for at least 2years. If the promotional messages campaigns target individuals who only opted in to receive promotional messages but never actually purchased from the business, or if it cannot be clearly documented that a recipient is a current or former customer, the exemption would likely not apply.
- Retail-location (§302.059): this exemption applies where a business has operated a physical retail establishment under the same name as that used in the telemarketing operationsfor at least two years and a majority of its business occurs at retail locations (i.e. majority of the overall sales are made at the physical retail locations (not online, wholesale, etc.)).
- Other narrow exemptions exist (regulated industries, media subscriptions, educational institutions and nonprofits, certain B2B sales, food sales, long-standing vendors that serve mostly exempt clients, solicitation that only schedules a later in-person presentation, and isolated/one-off solicitations).
We are available to assist you and, where appropriate, to coordinate with Texas-licensed counsel to help navigate compliance with SB 140.
Contacting Bartko Pavia LLP
Questions regarding matters discussed in this publication may be directed to Giovanni Spinelli at [email protected], John Firestone at [email protected], Alessandro Saracino at [email protected], or Alberto Canton at [email protected].
About Bartko Pavia LLP
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