A federal lawsuit challenging the state of Texas’ recent expansion of telemarketing regulations to include text messages has ended with a stipulation of settlement that applies a more limited scope of the registration requirement for SMS marketing programs. This blog has previously covered this issue as businesses were vexed by the dilemma of whether or not registration as a telemarketer in Texas was required under a confusingly worded new state law known as SB 140.
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.