The alarm clock just went off. Texas SB 140 went live September 1st, and if you're texting customers without proper compliance, you're now operating in the red zone.

Here's what happened: Texas just put SMS marketing under the same telemarketing rules that already covered phone calls. Translation? More paperwork, bigger penalties, and way more ways for customers to sue you.

The Reality Check

Texas now treats your promotional texts as "telephone solicitation." This isn't a minor policy tweak—it's a complete reframe of how text marketing works in the second-largest state economy.

The numbers that matter: $5,000 per violation for registration failures. Treble damages under the Texas Deceptive Trade Practices Act. Attorney fees recovery for winning plaintiffs. And here's the kicker—previous successful claims don't limit new violations, so repeat offenses can stack up fast.

Who This Hits

You need to comply if you send marketing texts to Texas residents OR you're based in Texas and send marketing texts anywhere. The geography works both ways.

The registration fee is $200 annually, plus a $10,000 security deposit (most brands use a surety bond instead of tying up cash). Registration expires if you don't renew, and operating without a valid certificate puts you in violation territory immediately.

Your Compliance Playbook

Step 1: Emergency Audit (Do This Today) Pull every SMS flow sending promotional content. Identify Texas recipients. Check your opt-in records. If you can't prove explicit consent with documentation, pause those contacts until you recapture permission properly.

Step 2: Registration Reality Check Unless you're clearly exempt (rare), you need to register with the Texas Secretary of State. Don't guess on exemptions—the language is specific and the penalties for being wrong are expensive.

Step 3: Bulletproof Your Opt-Outs Every message needs a simple reply option like STOP. Your system must honor it instantly. No delays, no "we'll process this in 3-5 business days." Immediate means immediate.

Step 4: List Hygiene Protocol Scrub against Texas no-call requirements ongoing. Once someone opts out, they stay out across all systems. No exceptions.

Step 5: Campaign Checklist Before any SMS campaign launches: registration current? Consent documented? Opt-out language included? Quiet hours respected? State-specific requirements checked? Make this your new routine.

The Hidden Landmine

Here's what most brands miss: the private right of action under DTPA. This isn't just regulatory enforcement—individual customers can now sue directly. That changes your risk profile completely.

Think of it like this: before SB 140, you mainly worried about state regulators. Now every customer is a potential plaintiff with attorney fee recovery on the table. The litigation economics just shifted in favor of consumer lawsuits.

What Smart Operators Do Now

Register immediately if you're not clearly exempt. The $200 fee and surety bond cost is nothing compared to violation penalties.

Document everything. Your consent capture, opt-out processes, registration status, renewal dates. If you can't prove compliance, assume you can't defend it.

Update your standard operating procedures. Make compliance checks automatic, not optional.

Your Next 48 Hours

Don't overthink this. Here's your action sequence:

1. Audit your current SMS program (2 hours max)

2. Determine if you need registration (30 minutes with legal counsel)

3. File registration if required (1 hour online)

4. Update opt-out processes (1 hour with your platform)

5. Document your new compliance checklist (30 minutes)

Why This Matters Beyond Texas

Other states are watching. Texas often leads regulatory trends that spread nationwide. Getting compliant now positions you ahead of what's likely coming elsewhere.

Plus, proper SMS compliance actually improves deliverability and engagement. Clean lists, clear consent, and professional practices build better customer relationships anyway.

The Bottom Line

SB 140 isn't going away. The penalties are real. The compliance requirements are clear.

You can either scramble to catch up or get ahead of this systematically. Smart money says systematic wins every time.

The legal landscape moved. Your SMS strategy needs to move with it or get moved by it.

Ready to lock down your SMS compliance? We can point you in the right direction to handle Texas SB 140 registration, consent audits, and system updates so you can focus on growing your business instead of worrying about regulations. Book a call here.

Frankee Muryan – Founder, ETP Tech

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