Effective Sept. 1, the Texas Telephone Solicitation Act (or
“mini-TCPA”) will be significantly expanded to regulate
text message marketing, creating new compliance obligations for
certain businesses that either are located in Texas or market to
customers in the state.
The Texas Legislature has amended Chapter 302 of the Texas
Business and Commerce Code to explicitly include text messages
within the definition of “telephone solicitation,”
which is defined to include any attempt to induce any person to
purchase, rent, claim or receive an item. This represents a major
expansion of the Act's scope beyond traditional telephone
calls, reflecting the evolving landscape of digital marketing
communications.
