One of the biggest compliance developments in 2025 was the passage and implementation of Texas Senate Bill 140, which significantly expanded the state’s telephone solicitation statute to cover text message campaigns. Taking effect September 1st, SB 140 introduced new registration requirements paired with a private right of action in connection with text message activities that previously were arguably unregulated.
For businesses using text messaging to reach consumers, this new law raised serious questions about whether consent-based programs—those sending texts only to consumers who opt in—would need to register in Texas.
The eCommerce Marketers Alliance Settlement: Clarity with Caveats
Shortly after SB 140 took effect, eCommerce Marketers Alliance and others challenged the law, arguing that applying registration requirements to consent-based texts infringed on commercial speech. In a surprising turn, the State of Texas agreed that consent-based text programs should be exempt. As part of the case settlement reached in November, the Texas Secretary of State updated its guidance to confirm that businesses sending texts with prior consent do not need to register and may withdraw pending applications. The Texas Secretary of State is also required to obtain a formal opinion from the Texas Attorney General validating the exemption for consent-based text programs.
While this may be welcome news for businesses that rely on consent-based text campaigns, it’s not the end of the story. The Attorney General’s opinion and Secretary of State guidance are persuasive, but they are not binding on courts, which could still take a narrower view. Plaintiffs will likely test the limits of the exemption in litigation, and it may be some time before it’s clear whether courts are adopting the state’s interpretation. If you are operating text campaigns and thinking you no longer need to register as a telephone solicitor in Texas, it’s worth discussing with your counsel and weighing the risks.
What Businesses Should Do Now
While the risk of enforcement under the registration requirement has eased, SB 140 still poses significant compliance challenges. Businesses, including those that send only consent-based texts, should be sure to:
- Document Consent: Affirmative opt-in remains critical. Keep clear records of consumer consent for text campaigns.
- Mind Other Rules: Being exempt from registration does not mean that text message communications are exempt from other facets of Texas and federal law such as prohibitions against unfair and deceptive acts and practices (UDAP).
- Weigh the Risk of Failing to Register: Registration costs about $200 and requires disclosures similar to other states. Until courts settle the issue, registering may be a prudent safeguard for businesses seeking certainty.
Every business must make its own risk-benefit calculation with regard to SB 140. If your organization needs help assessing compliance obligations or mitigating risk under SB 140 or other telemarketing laws, please reach out.
