Beginning September 1, 2025 (09/01/2025), the state of Texas will enforce Senate Bill 140 (SB140), introducing new fines and penalties for violations related to SMS and MMS solicitations. This article outlines how SB140 changes the law in Texas and discusses some of its impacts for you.
Please note that ActiveCampaign customers sending SMS and MMS messages are solely responsible for any fines or penalties issued to their account.
What is SB140?
SB140 broadens the definition of “telephone solicitation” to include SMS and MMS messages sent to promote goods or services. It makes SMS and MMS subject to the Texas Deceptive Trade Practices Act (DTPA), granting consumers a direct private right of action. Noncompliance could result in substantial liability.
What changed in Texas?
If you are a business that sends commercial SMS and MMS messages to Texas (a “Solicitor”), then we recommend checking with your legal counsel to determine if the SB140 amendments apply to you.
The most relevant change is the registration requirement:
Registration
Impacted Solicitors who send SMS or MMS messages to businesses or consumers in Texas or operate from locations in Texas must now formally register with the Texas Secretary of State or be subject to fines and civil litigation. Key registration requirements include:
- Submit a Telephone Solicitation Registration Statement and other required forms to the Texas Secretary of State
- Submit the $200 application fee and a $10,000 security deposit, such as a bond, an irrevocable letter of credit, or certain certificates of deposit
- Renew the registration annually
- Review the FAQs published by the Texas Secretary of State to assist with the new registration requirements.
- For information about registration exemptions, please see the “Who is affected?” section below
Who is affected?
All Solicitors sending SMS or MMS messages to Texas residents or operating from Texas must register, unless an exemption applies. Some of the key exemptions are listed below.
Key exemptions:
- Sending to current or former customers
- Sending on behalf of an educational institution or a 501(c)(3) nonprofit organization
- If your business is a publicly traded corporation
- If your business is a supervised financial institution
If you are not sure if the new requirements apply to your business or if an exemption applies, you should discuss it with your legal counsel.
Other relevant requirements
At the federal level, the Federal Communications Commission (“FCC”) prohibits the sending of calls and messages to telephone numbers on the National Do Not Call Registry maintained by the Federal Trade Commission. Similar to the National Do Not Call Registry, the Public Utility Commission of Texas maintains a No Call List consisting of telephone numbers on the Texas Statewide Do Not Call List, the Texas Electric Do Not Call List, and the numbers on the National Do Not Call Registry relating to Texas. The Public Utility Commission has published FAQs about the Texas No Call List for telemarketers. SB140 has now made it easier to bring a private right of action for violations of the Texas No Call List.
The FCC also prohibits the sending of calls and messages to consumers before 8 a.m. or after 9 p.m. Note that the prohibited sending times, also known as quiet hours, can vary by state. The Texas quiet hours for telephone calls under the Telephone Solicitation Practices provisions limit sending before 9 a.m. or after 9 p.m. Monday through Saturday, and before 12 noon or after 9 p.m. on Sundays.
Compliance considerations
If the new Texas requirements may apply to your business, consider taking the following actions before September 1, 2025:
- Consult with your legal counsel.
- If an exemption from the registration requirements does not apply to your business, register with the Texas Secretary of State.
- Adhere to any applicable quiet hours.
- Do not send messages to telephone numbers on do-not-call lists.
- Ensure you have appropriate consent as required by applicable laws to send SMS/MMS solicitations and keep a record of that consent.
- Ensure you can immediately process opt-out requests.
ActiveCampaign support features
ActiveCampaign offers a number of support features to assist you in meeting your compliance obligations, including:
- Automatic opt-out management (STOP, UNSUBSCRIBE, etc.)
- Consent tracking with timestamps
- Message delivery reports
- Contact segmentation
- SMS Quiet Hours
Legal Disclaimer
Please note that this page is provided for informational purposes only, and its contents do not constitute legal advice. ActiveCampaign’s services are used by thousands of customers in hundreds of industries all over the world, and we recognize that each customer’s legal considerations will be unique. As a result, only your lawyer can provide tailored legal advice to you, and we encourage you to consult with your legal counsel to understand the laws and regulations applicable to your own business. The information here is subject to change. Your legal counsel is the best resource to give you advice about the applicability or accuracy of the information contained in this page, or your interpretation of it, with respect to your particular situation.