An Update On Texas Mini-TCPA: Clarification On Consent-Based Text Marketing

The state of Texas made waves earlier this year when it enacted S.B. 140, a bill which amended how its existing telemarketing law applies to text message marketing. Many businesses had concerns about how the bill would impact them, perhaps most notably whether engaging in text marketing would trigger an obligation to register in Texas as a telephone solicitor. A recent court order entered in the course of litigation about S.B. 140 suggests that the answer is "no" for many telemarketers.

Background

As we've previously reported, one of the key changes made by S.B. 140 was an amendment to the definition of "telephone solicitation" in Chapter 302 of the Texas Business and Commerce Code to include "transmission of a text or graphic message or of an image." Previously, the term only included "telephone calls" initiated by a seller or salesperson to induce a person to purchase, rent, claim, or receive an item. The bill also explicitly adopted the definition of