Advertising Law Blog

On September 1, 2025, Texas’s amended telemarketing law became effective. It significantly broadened the state's rules by explicitly adding text messages (SMS), multimedia messages (MMS) and other electronic communications into the definition of “telephone solicitation.” The law, amended through Senate Bill SB 140, does not change the consent requirement for telemarketing but in addition to expanding the registration requirements, it establishes harsher penalties for violations compared to the federal Telephone Consumer Protection Act (TCPA). Because the law contains a private right of action, we are expecting a sharp increase in consumer lawsuits in Texas.

Under the expanded law, informally known as a “mini-TCPA” (Business & Commerce Code §§ 301–305), businesses who send promotional texts must now register with the Texas Secretary of State and post a $10,000 security (bond, letter of credit or certificate of deposit) unless an exemption applies.

Failure to register can result in serious civil and even criminal penalties. Each violation carries a potential penalty of up to $5,000 per call or text and knowing violations are treated as misdemeanors with prison time theoretically possible. The Attorney General can seek injunctions, restitution, and enforcement actions, but the big change here is that consumers now have a clear private right of action to sue if harmed by receiving SMS/MMS solicitations from unregistered telemarketers.

The law does not apply to purely informational calls or texts (for example, delivery notifications), communications that do not promote goods or services or transactional messages (such as order confirmations and account updates). The registration requirement also contains exemptions for publicly traded companies, certain licensed professionals (such as attorneys, doctors or insurance agents acting within the scope of their license), businesses that limit calls or texts to customers with whom they have an established business relationship, sellers who have been in business under the name for at least two years and are not primarily engaged in telemarketing, charitable organizations and political groups. Companies that call or text solely in response to consumer inquiries are also exempt. However, we caution you to consult with an experienced attorney if your business is engaged in telemarketing to Texas residents and intends to rely on an exemption.

Texas law already imposes ​“quiet hours” restrictions which differ from TCPA standards. Under Texas law, calling or texting hours are limited to 9:00 AM – 9:00 PM Monday through Saturday and 12:00 PM through 9:00 PM on Sunday. This is more restrictive than the TCPA,  which allows telemarketing efforts between 8:00 AM and 9:00 PM. for all days of the week. Lawsuits for violation of telemarketing quiet hours are on the rise, so marketers should make sure their company complies with these time restrictions.

Bottom line: If your business engages in marketing via calls or texts to Texas residents, or operates in Texas and sends such messages, the draconian penalties require you to assess whether you have an obligation to register and also to review your marketing policies to avoid significant litigation risk.