Texas Senate Bill 140: What You Need To Know

Disclaimer: This blog post is intended for educational and informational purposes only and should not be construed as legal advice. The content is general in nature and may not reflect the most current legal developments. Bloomreach strongly recommends that you consult with your legal counsel to determine how Texas Senate Bill 140 and other applicable laws apply to your business.

A Texas state law now affects how businesses can send text messages, multimedia messages, and make voice calls to customers located in the state. It’s been in effect since September 1, 2025.

Texas Senate Bill 140 expanded the state’s existing telemarketing rules to cover more types of digital communication and came with serious penalties for companies that fail to comply. If you send mobile messages to customers in Texas, this law applies to you.

Since then, there’s been a notable development: a November 2025 settlement changed the registration picture for businesses running genuine opt-in SMS programs. We cover that below.

The good news? We’ve been tracking these changes, and Bloomreach already includes the tools you need to stay compliant. Let’s break down what you need to know.

How Is Marketing Changing With Texas Senate Bill 140?

While you might already follow federal guidelines, such as the Telephone Consumer Protection Act (TCPA), Texas introduces additional state-specific requirements that may create new obligations, making things trickier for SMS marketers. Here’s what the law now covers:

Text messages (SMS)
Multimedia messages (MMS) with images or graphics
Voice calls for sales purposes

The biggest change? Texas residents can now sue businesses directly if they violate these rules. They don’t have to file a complaint with a government agency first. They can go straight to court under the Texas Deceptive Trade Practices Act (DTPA).

Texas Senate Bill 140 holds brands liable if they don't follow guidelines around SMS, MMS, and voice calls

Why Texas Senate Bill 140 Matters for Your Business

The penalties under Texas SB 140 are significant. For each violation, businesses could face:

Fines between $500 and $5,000
Triple damages (meaning if you caused $1,000 in harm, you might pay $3,000)
The customer’s attorney fees
Additional claims for emotional distress

Customers are also not limited to one lawsuit. They can sue multiple times for repeat violations, meaning one mistake could lead to ongoing legal issues if it’s not addressed quickly.

What the November 2025 Settlement Changed

Shortly after SB 140 took effect, litigation was filed challenging how Chapter 302 applied to text messaging. In November 2025, Texas resolved that litigation with a settlement that has meaningful implications for brands running consent-based SMS programs.

The key result: Businesses running genuine opt-in SMS programs are now effectively exempt from Chapter 302’s telemarketing registration, bonding, and quarterly-reporting requirements. In plain terms: if your customers opted in to receive your messages, you likely do not need to register with the Texas Secretary of State or post the $10,000 security bond solely for that consent-based outreach.

There are important caveats, however:

The settlement is non-binding on courts and private litigants. It reflects the state’s enforcement intent, not a formal legal ruling, and courts may interpret SB 140 differently.
Chapters 304 and 305 remain fully in force. You must still scrub the Texas No-Call list, honor opt-outs, and comply with quiet-hour restrictions.
Cold outreach is not covered. Prospecting, third-party lead lists, and texts without prior consent are still subject to Chapter 302 registration requirements.
TCPA requirements are unchanged. Federal law applies alongside state law.

The practical takeaway for brands with well-run opt-in programs: your registration risk under Chapter 302 is significantly reduced, but your overall compliance obligations are not. Consult with your legal counsel on how the settlement affects your specific situation.

The Texas Senate Bill 140 Compliance Checklist

To stay on the right side of Texas law and avoid harmful penalties, consider reviewing these areas with your legal counsel:

Get Written Permission First

Before sending any automated text/multimedia messages or making voice calls to Texas customers, you must obtain prior express written consent (PEWC) — a written agreement that is clear, signed, and includes specific disclosures as required by TCPA. Any opt-in checkboxes must be unselected by default, consent must include disclosure about automated technologies, and there should be no condition of purchase.

Make It Easy To Opt Out

Every marketing message should include a clear way for customers to stop receiving them. That means having clear “STOP” or “UNSUBSCRIBE” keywords and instructions, then honoring those requests immediately, not days or weeks later.

Respect Quiet Hours

Texas law restricts when you can send messages. Do not send marketing texts or make calls before 9 a.m. or after 9 p.m. Texas local time, Monday through Saturday, and not before noon on Sundays. You must respect local time zones, not just the time zone where your business is located.

Scrub the Texas No-Call List

Chapter 304 applies to text messages under SB 140. Do not send marketing texts to numbers on the Texas No-Call list more than 60 days after they appear on the list. Caller ID spoofing or interference is also prohibited under this chapter.

Register as a Telemarketer (If Required)

If your business qualifies as a “seller” under Texas Business & Commerce Code 302 and you are engaging in telephone solicitations (including SMS/MMS/voice) to Texas residents without a valid exemption, you must:

Register with the Texas Secretary of State by filing Form 3401
Pay a $200 annual filing fee per business location
Post a $10,000 security deposit (via surety bond, letter of credit, or certificate of deposit)
Submit quarterly reports identifying your sales representatives

Failure to register could result in penalties of up to $5,000 per violation. Consult with your legal team to determine whether your outreach requires registration under this law and whether the November 2025 settlement’s consent-based exemption applies to your programs.

Are You Exempt From Registration?

Several categories of businesses are exempt from Chapter 302’s registration requirements. Exemptions include, but may not be limited to:

Publicly traded companies and their subsidiaries
Financial institutions (banks, credit unions, SEC-regulated entities)
Educational institutions
501(c)(3) nonprofits
Businesses contacting current or former customers, provided the business has operated under the same name for at least two years (note: the statute does not define “customer,” so document your basis for relying on this exemption)
Retail sellers with brick-and-mortar locations operating under the same name for two years, where a majority of sales occur at retail locations

Even if exempt from registration, Chapters 304 and 305 still apply. Exemption from Chapter 302 does not excuse you from No-Call list compliance, opt-out obligations, or quiet-hour requirements. Always confirm your exemption status with qualified legal counsel.

Keep Detailed Records

Save everything: when customers gave consent, when they opted out, what messages you sent, and when you sent them. These records are your protection if questions arise. For consent-based programs relying on the November 2025 settlement, maintaining an auditable record of consent timestamps, disclosure screenshots, and suppression-list synchronization is especially important.

Guidelines for businesses to stay compliant with Texas Senate Bill 140

How Bloomreach Can Support Your Compliance With Texas Senate Bill How Bloomreach Can Support Your Compliance With Texas Senate Bill 140

At Bloomreach, we’ve always promoted compliance and built our platform with the tools our customers need to meet these requirements:

Smart consent tracking: Our platform automatically records when and how customers give permission to receive messages, including timestamps and consent details. These auditable records satisfy SB 140 and TCPA requirements alike.
Phone number validation: Before sending campaigns, we check phone numbers against databases of known problem numbers, including deactivated lines, reassigned numbers, and numbers belonging to people who frequently file lawsuits.
Instant opt-out processing: When someone texts “STOP” or “UNSUBSCRIBE,” our system immediately removes them from future messages and sends a confirmation, with no delays and no manual work required.
Time zone intelligence: Messages can be set to automatically respect local time zones and avoid sending during quiet hours. This includes enforcing the 9 a.m. to 9 p.m. window mandated by state laws like Texas SB 140.
Complete audit trails: Every campaign, every consent change, and every opt-out is logged and easily accessible, giving you the documentation you need for compliance reviews.

These tools are intended to assist with compliance efforts, but do not guarantee compliance. Each business is responsible for ensuring it meets all legal requirements applicable to its communications.

What Marketers Should Do Now To Prepare for Texas Senate Bill 140

If you send mobile messages to customers in Texas, consider taking these steps:

Review your current practices against SB 140’s requirements — consent, quiet hours, opt-out mechanics, and No-Call list scrubbing
Determine your registration status — confirm whether an exemption applies or whether the November 2025 settlement’s consent-based exemption covers your programs
Enable available compliance features in your platform if you haven’t already, including time zone-aware sending and automated opt-out processing
Update your consent collection to ensure you have written permission with the required disclosures
Maintain detailed records of all consent events, opt-outs, and message logs
Consult your legal counsel to confirm how SB 140 and the November 2025 settlement apply to your specific programs

The most important thing to remember: compliance here is about communicating with customers responsibly. Customers appreciate businesses that respect their preferences and follow local laws.

Moving Forward With Confidence

Texas Senate Bill 140 represents a significant shift in how states regulate business communications. The law is in effect and actively enforced. The November 2025 settlement meaningfully reduced the registration burden for genuine opt-in programs, but it is not a free pass. Chapters 304 and 305 remain in force, and private litigation under the DTPA is still possible for any compliance failure.

At Bloomreach, we’re committed to helping you navigate these changes smoothly. Our compliance features work automatically in the background, so you can focus on creating great customer experiences rather than managing legal requirements. Whether it’s building a compliant SMS strategy, managing consent at scale, or ensuring messages never land outside quiet hours, our platform handles the heavy lifting.

Good compliance builds trust with your customers and protects your brand’s reputation. Customers who know you respect their preferences are more likely to engage with your messages and stay loyal to your business.

Ready to ensure your campaigns are compliant with Texas Senate Bill 140?

See how you can use Bloomreach to stay compliant while taking your SMS marketing strategy to the next level
Learn about the all-in-one advantages of consolidating your email and SMS on a single platform
If you’re already a customer, contact your Customer Success Manager to review your SMS setup and address any questions

Reminder: This FAQ provides general information and is not legal advice. Always consult with qualified counsel for guidance specific to your situation.

Common Texas Senate Bill 140 Questions

We’re already following federal TCPA rules. Isn’t that enough?

No. Texas Senate Bill 140 adds state-specific requirements on top of federal laws. You need to comply with both.

Does this really apply to image messages, too?

Yes. The law specifically includes multimedia messages with images or graphics, not just plain text messages.

What if we use a different mobile messaging platform?

The responsibility falls on your business, not your technology provider. Whatever platform you use, you’re still responsible for following the law.

How quickly do we need to process opt-out requests?

Immediately. The law requires real-time processing of unsubscribe requests.

Does consent exempt us from all SB 140 requirements?

Consent — specifically prior express written consent (PEWC) — allows you to send messages and, following the November 2025 settlement, may exempt your opt-in program from Chapter 302’s registration and bonding requirements. However, consent does not exempt you from everything. You must still comply with Chapters 304 and 305: scrubbing the Texas No-Call list, honoring opt-outs, and respecting quiet hours. Additionally, the settlement is non-binding on courts, so consult legal counsel on how it applies to your programs.

Does this apply based on the recipient’s phone number or their residence?

SB 140 is based on where the recipient lives, not just their area code. If someone lives in Texas — even with an out-of-state number — they’re still protected under the law.

Is TCPA list validation enough?

No. TCPA list validation lowers TCPA risk, but key SB 140 requirements like No-Call list scrubbing, consent capture, quiet-hour compliance, and opt-out handling must also be met independently.

My business only texts current customers. Do I need to register?

Possibly not. Chapter 302 includes an exemption for businesses contacting current or former customers, provided you’ve operated under the same business name for at least two years. However, the statute doesn’t define “customer,” so document your basis for the exemption carefully. Consult your legal team before relying on it.