ARTICLE · 02 OCTOBER 2025

Don't Mess With SMS: Navigating Texas' New Messaging Rules

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On September 1, 2025, new Texas legislation (SB 140) went into effect, expanding the reach of the Texas Telephone Solicitation Act (TTSA) to include marketing messages sent to Texas consumers by text (SMS and MMS).

United StatesMedia, Telecoms, IT, Entertainment

Lakshmi Sarma Ramani

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On September 1, 2025, new Texas legislation (SB 140) went into effect, expanding the reach of the Texas Telephone Solicitation Act (TTSA) to include marketing messages sent to Texas consumers by text (SMS and MMS). Importantly, this expansion does not apply to informational or transactional texts such as delivery updates, appointment reminders, or fraud alerts. It also does not revise the existing exemptions under the TTSA.

So what does this mean for businesses relying on SMS marketing in Texas? In practice, senders of these messages are now regulated much like those who make telemarketing calls.

New Compliance Obligations

Businesses that send marketing texts to consumers in Texas, and do not qualify for an exemption, are required to comply with the following obligations that, previously, only applied to telemarketers, including:

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