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ARTICLE · 09 DECEMBER 2025

Texas Clarifies Registration Requirements For Text Message Marketers

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Earlier this year, Texas amended its telemarketing law to apparently impose onerous registration obligations on businesses engaged in text message marketing.

United StatesMedia, Telecoms, IT, Entertainment

Earlier this year, Texas amended its telemarketing law to apparently impose onerous registration obligations on businesses engaged in text message marketing. Naturally, this triggered concern among clients – particularly among those operating opt-in programs – as they worked to determine whether and how the law now applied to them. Texas regulators have now offered clarifying guidance: "any business that sends text messages with prior consent of the consumer is not required to complete the Telephone Solicitation Registration Statement." In other words, the registration requirement does not apply to businesses that text Texas consumers only after obtaining valid opt-in consent.

This development follows an Ecommerce Innovation Alliance's legal challenge, which resolved after the Texas Attorney General's Office explained that it does not interpret the amendment as extending the registration requirements "to businesses which operate consent-based marketing

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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