Texas Introduces SMS Marketing Regulations Under SB 140—What to Know
Please be advised that the Texas state legislature has enacted SB 140 treating SMS/MMS text marketing compliance the same as traditional telemarketing under Texas law (Texas Telephone Solicitation Act, or “TTSA”), with penalties for non-compliance effective September 1, 2025. Changes include:
- The definition of “telephone solicitation” is now applicable to text messaging
- Unless you’re exempted, SMS/MMS marketing now requires state registration
- A $10,000 security deposit is required
- Penalties up to $5,000 per text message
If you are uncertain whether individuals on your marketing list are in Texas, Commio encourages you to consider registering with the state of Texas or removing them from your list until you can confirm their location.
Compliance Requirements
Starting September 1, 2025, all affected businesses must register with the Texas Secretary of State before sending any marketing texts to Texas residents. Registration includes:
- Filing Form 3401 annually with the TX Secretary of State
- A $200 fee per business location each time Form 3401 is submitted
- A $10,000 security deposit (surety bond, letter of credit, or certificate of deposit)
- Filing a form to appoint the Secretary of State as the Agent of Service
- Additional documentation
Please note: This information is not a substitute for legal advice. If you send SMS marketing to businesses in Texas, we encourage you to consult with your legal counsel to ensure compliance with the new bill. If you have any questions or concerns, please reach out to your Customer Support specialist.
