Since 1991, the Telephone Consumer Protection Act of 1991 (“TCPA”) has protected consumers from unwanted and intrusive telemarketing practices at the federal level. Several states also enacted their own telephone solicitation laws that mirror or add further protection to consumers in their state, known as “mini-TCPA” laws. A growing number of states further strengthened their telemarketing rules after the U.S. Supreme Court’s narrowing of TPCA dialing technology regulation in Facebook v. Duguid, 141 S.Ct. 1163 (2021).
Texas’s mini-TCPA (hereinafter “TX-TCPA”) has been on the books since 2009 (See Texas Business & Commerce Code, Title 10(A)). On June 20, 2025, Governor Abbot signed Texas Senate Bill 140, which significantly changed telephone marketing regulations in Texas. Despite testimony from the bill’s sponsors that curbing unwanted and unsolicited telephone communications is the goal, SB 140’s broad changes impose heightened compliance obligations on businesses sending nearly any text solicitations—even when they have the recipient’s consent. Violations of the TX-TCPA carry heavy penalties and the new amendments simplify bringing private rights of action, so businesses sending texts to Texas residents should evaluate any new compliance obligations before sending further texts.
The TX-TCPA changes became effective on September 1, 2025. This article summarizes the various changes and obligations now in effect for businesses that are or will be texting Texas residents as part of their marketing strategy.
1. Text Messages Added to Definition of “Telephone Solicitation”
Before SB 140, a telephone solicitation meant only a telephone call. That limitation is removed, and a telephone solicitation now includes: “a call or other transmission, including a transmission of a text or graphic message or of an image, initiated by a seller or salesperson to induce a person to purchase, rent, claim, or receive an item.” (Tex. Bus. & Com. Code § 302.001(7)). While on its face such a change does not seem significant considering the FCC’s past interpretation of text messages falling under various aspects of the TCPA (though those agency interpretations continue to be called into serious doubt after Supreme Court opinions issued in 2024 and 2025). And yet, this change places significant regulatory burden on businesses to continue texting inside of and to residents of Texas. Section 302 of the TX-TCPA specifically obligates businesses who make telephone solicitations (now including text messages) to register with the Texas Secretary of State as a telemarketer.
Registration forms can be found on the Texas Secretary of State’s website. In addition to registration, a covered seller must pay a $200 filing fee and provide a $10,000 bond or other security. They must also provide certain public facing disclosures under Section 302, post a copy of their registration certificate online, and regularly renew that certificate.
Importantly, the obligation to register is on the seller, which is the entity that is soliciting business through the text message. The obligation is not on the individual person or entity that facilitates the texting, so using a third party to send the messages will not allow a company to avoid liability for non-registration. Sections 302.051–061 do provide several exceptions to the registration requirement, so companies should evaluate whether they could fall under an exception when assessing their regulatory obligations. Violations of Section 302 carry statutory damages of $5,000 per violation plus recovery of fees and costs.
2. Certain Telephone Marketing Violations Now an Automatic Violation of the Texas Deceptive Trade Practices Act.
Chapters 304 and 305 generally regulate telephone marketing through consent or opt-in requirements, mandatory disclosures to recipients, no-call lists, and similar requirements. SB 140 did not add or remove any of these obligations; instead, it made violations of those chapters automatic violations of the Texas Deceptive Trade Practices and Consumer Protection Act (DTPA). The DTPA tie-in now allows potential plaintiffs easier paths to litigation without meeting the cumbersome administrative prerequisites provided in Section 304. Claims under the DTPA also allow for mental anguish, economic damages, treble damages for intentional conduct, and mandatory recovery of attorney’s fees and costs.
Texas was already a hotspot for TCPA class actions before SB 140. We expect that trend to continue, if not increase, in response to the additional avenues for recovery.
3. SB 140 Increases Risk of Claim Stacking.
Beyond providing an additional avenue for recovery under the DTPA, SB 140 also makes explicit that multiple legal recoveries for the same violation will not be a bar against additional future recovery: “The fact that a claimant has recovered under a private action arising from a violation of this chapter more than once may not limit recovery in a future legal proceeding in any manner.” How this addition will operate remains to be seen. But Texas courts have allowed recovery before under both the TCPA and the TX-TCPA, so companies who settle or pay judgments for TCPA class actions pending outside of Texas on a class basis may later find themselves subject to further litigation in Texas arising out of the same telephone calls or texts. The DPTA conversely prohibits cumulative recovery for the same violation, so full impact remains to be seen.
4. The TX-TCPA Confirms Criticality of Compliance Programs.
SB 140 has raised the stakes on telemarketing litigation and associated risk in texting Texas residents. 2024 saw the highest number of class actions filed in a single year, and 2025 has already nearly doubled that amount.[1] At least 7 new TCPA actions have been filed in Texas federal court since September 1, and several include claims arising from SB 140’s changes. Companies that intend to continue texting Texas residences should be sure that their texting practices and policies are updated to account for any new obligations.
Jessica Engler, PLS, CIPP/US, CIPM is a Partner and the Chair of Kean Miller’s Data Privacy & Cybersecurity group. She is a Privacy Law Specialist, as designated by the International Association of Privacy Professionals and accredited by the American Bar Association.
[1] Eric Troutman, “Midyear Litigation Report: TCPA Class Actions Up Staggering 95.2% from 2024—Previously the Highest Year on Record,” TCPAWorld.com (Jul. 25, 2025) (MIDYEAR LITIGATION REPORT: TCPA Class Actions Up Staggering 95.2% from 2024-Previously the Highest Year On Record – TCPAWorld).