Texas SMS marketing law SB140: Your guide to compliance 

Texas Governor Greg Abbott signed Senate Bill 140 (SB140) into law on June 20, 2025, reshaping SMS marketing for businesses across the country. The law took effect September 1, 2025, and creates significant new compliance requirements for any business sending marketing text messages to Texas residents—regardless of where your business is located.

If you're sending any SMS marketing campaigns, this may affect you.

Please note: This information is provided for educational purposes and does not constitute legal advice. We strongly recommend consulting with qualified legal counsel to determine how Texas SB140 applies to your specific business circumstances.

As of September 1, 2025, Texas expanded its Business & Commerce Code to include SMS and MMS marketing messages (plus other image-based or graphic transmissions) under its "telephone solicitation" rules. Previously, these regulations only applied to voice calls. Now, they cover text messages too.

The law applies broadly: if you send marketing messages to Texas residents or operate from within Texas, you're subject to these requirements. Location of your business doesn't matter—what matters is where your recipients live or where you're sending from.

Under SB140, businesses must meet several key requirements:

1. Registration with the Texas Secretary of State Most businesses need to register as a telemarketer, which involves a $200 annual fee plus a $10,000 security deposit (though you can use a surety bond instead). This applies to businesses soliciting new prospects through SMS.
2. Time restrictions for sending SMS marketing can only be sent during specific hours based on the recipient's time zone:
   • Weekdays and Saturdays: 9 a.m. to 9 p.m.
   • Sundays: 12 p.m. to 9 p.m.
3. Clear records of consent You must maintain clear, auditable records proving express written consent for every Texas contact you message. The burden of proof is on you as the sender to demonstrate that recipients opted in to receive your messages.
4. Honor opt-outs immediately You must provide a clear and easy way for consumers to opt out (like replying "STOP") and honor those requests immediately. No delays, no exceptions.

Non-compliance could cost you:

• Registration failures: Up to $5,000 per violation
• Unauthorized messages: $500 per text message sent without proper consent
• Class action exposure: Potential treble damages (triple the amount) in lawsuits

These penalties can add up quickly. Send 100 unauthorized messages and you're looking at $50,000 in potential damages—before any additional legal fees or treble damages.

Some businesses may qualify for exemptions from one or more of these requirements, but the specifics depend on your business model, relationship with recipients, and other factors. The law includes potential exceptions, but determining whether you qualify requires careful analysis of your specific situation.

If you're sending SMS marketing to Texas residents (or located in Texas), here's what you need to do to ensure compliance:

1. Audit your SMS campaigns Review all marketing text message campaigns targeting Texas recipients or sent from Texas. Identify which campaigns might be affected and document your current consent collection and opt-out processes.

2. Consult legal counsel The applicability of this law depends on your specific business circumstances. Work with your legal team to determine if your business qualifies for exemptions and what compliance steps you need to take.

3. Register if required If your legal counsel determines you need to register, complete the Texas Secretary of State telemarketer registration form and pay the required fees. You can also review the telemarketer certification requirements for complete details.

4. Update your consent and documentation practices Develop clear policies for obtaining and documenting express written consent from Texas contacts. Ensure you can prove consent for every Texas recipient in your database.

5. Implement quiet hours and opt-out management Set up systems to respect the required sending time windows and immediately honor opt-out requests. Many SMS platforms offer features to help with this, but it's your responsibility to configure and use them properly.

While SMS marketing platforms can provide tools like sending time windows, opt-out tracking, and consent management features, they can't automatically ensure compliance for you. These tools require proper configuration and use according to legal requirements.

Customer.io offers features to help with SB140 compliance—like setting sending windows within campaigns and broadcasts to respect Texas quiet hours, and automatic opt-out tracking to honor "STOP" requests immediately. However, it's ultimately your responsibility to understand and comply with the legal requirements that apply to your business, including proper consent collection, registration requirements, and configuring these tools correctly.

SB140 represents a broader trend toward stricter SMS marketing regulation. Other states are watching Texas' approach, and similar laws could emerge elsewhere. Getting compliance right now positions you well for future regulatory changes.

More importantly, the principles behind SB140, clear consent, respect for recipient preferences and transparent opt-out processes, reflect best practices that improve customer relationships and campaign performance regardless of legal requirements.

Texas SB140 is now in effect, with substantial penalties for non-compliance. If you send marketing SMS to Texas residents or operate from Texas, you need to ensure your practices align with the new requirements.

The law introduces registration, consent documentation, time restrictions, and opt-out requirements that apply broadly to SMS marketing. While some businesses may qualify for exemptions, determining your specific obligations requires legal review.