Marketing Texts in Texas: SB 140 Broadens State Telemarketing Regulations

On September 1, 2025, Texas Senate Bill 140 (SB 140) becomes effective, broadening certain aspects of the state’s telemarketing law to cover text messages, multimedia messages and similar electronic communications. The amendment also introduces an expanded right of action with regard to some telemarketing violations and clarifies that recovery for violations does not limit subsequent recoveries. Businesses that engage in marketing communications via voice calls, text messages or multimedia messages should review and update their compliance programs.

Background

Texas regulates telemarketing and solicitation primarily through substantive requirements set forth in four chapters of the Texas Business and Commerce Code. The requirements in force prior to SB 140’s effective date (which will continue following the amendments) including the following:

• Chapter 301 provides a number of “core” telemarketing requirements applicable to “telephone solicitors,” defined as persons who solicit the sale of consumer goods and services via telephone calls. These include caller identification obligations, restrictions on when such calls may be made, requirements for calls made with automated dialing equipment and prerequisites to charging consumer credit cards in connection with telemarketing calls.
• Chapter 302 primarily mandates certain registration and disclosure requirements applicable to persons engaged in “telephone solicitation,” defined as a call initiated to induce the purchase of an item. Notably, Chapter 302 requires persons engaged in telephone solicitation on their own behalf to first obtain a “registration certificate” and complete a “registration statement,” and to physically post copies of the same, as well as to provide certain disclosures prior to consummating transactions over the phone.
• Chapter 304 provides for a Texas No-Call list and sets forth compliance obligations related to that list. It also prohibits interfering with or modifying caller identification services, subject to a variety of exceptions. These obligations apply to individuals engaged in “telemarketing calls,” broadly defined as unsolicited sales calls, text messages or other transmissions made to mobile telephone numbers to solicit the sale of consumer goods or services, the extension of consumer credit or information that may be used to facilitate either of the foregoing (collectively, “marketing transmissions”).
• Chapter 305 prohibits sending marketing transmissions to mobile phones or using automated dialing equipment to make marketing transmissions to mobile phones unless the recipient has consented to the transmission. 

Key Legal Changes

SB 140 introduces several important updates to telemarketing laws in Texas:

• New Registration Requirements for Text Solicitors: Text message solicitors are now required to register with the state. SB 140 does this by amending the definition of "telephone solicitation" to include text messages and other transmissions sent to sell goods or services for purposes of Chapter 302. There are, however, a series of exemptions to the registration requirement including only sending text messages to solicit business from a former or current customer.
• New Private Right of Action Under the DTPA: SB 140 introduces a direct private right of action for consumers for violations of Chapter 304, stating that such violations are actionable under the Texas Deceptive Trade Practices and Consumer Protection Act (DTPA). This change is a major shift because it allows consumers to bypass previous procedural barriers — such as filing a complaint with a state agency first and needing to wait until the second violation of the Texas No-Call List requirements — and go straight to court. SB 140 also allows for a DTPA cause of action for violations of Chapter 305, augmenting the existing right of action for violations of that chapter. This change will likely lead to an increase in telemarketing-related lawsuits in Texas, particularly because the DTPA expressly allows for treble damages (up to three times their economic damages) as well as damages for mental anguish and recovery for attorneys’ fees, in addition to the existing statutory damages scheme.
• No Limits on Repeat Claims: SB 140 specifies that prior successful claims do not limit recovery in future lawsuits for new violations of Chapters 302 and 305, removing potential obstacles to ongoing legal challenges.

Compliance Strategies

Given these changes, businesses should take proactive steps to ensure their marketing activities are compliant.

• Review and update consent practices. Ensure your business has appropriate and documented consent for all forms of phone-based marketing outreach, including text messages.
• Complete registration requirements. If your business engages in phone-based marketing, it must be properly registered with the Texas Secretary of State and hold a valid registration certificate, subject to certain exemptions. Failure to do so is a violation with a civil penalty of up to $5,000 per violation.
• Honor Opt-Out Requests and No-Call Lists. Implement a clear, reliable, and prompt mechanism for honoring consumer opt-out requests and respecting the Text No-Call list, as ignoring them is now a direct violation actionable under the DTPA. 

Conclusion

Texas SB 140 significantly ramps up compliance requirements and penalties for telemarketing and digital marketing, especially involving texts and multimedia, by widening the law’s application, easing access to lawsuits and enabling stronger remedies under the DTPA. As the effective date nears, taking steps to ensure compliance is critical to avoid risks.

Paul Hastings’ Data Privacy and Cybersecurity practice regularly advises on compliance with telemarketing and digital solicitation requirements at the federal, state and international levels. If you have any questions on how to better prepare for these proposed rules or other cybersecurity requirements, please do not hesitate to contact a member of our team.