SB140 expanded the Texas Telephone Solicitation Act to cover SMS, MMS, and graphic messages — and linked violations to the Deceptive Trade Practices Act. Damages start at $500 per text, stack across statutes, and can be brought directly by consumers.
Marketing SMS, MMS, and graphic messages now fall under Chapter 302 of the Texas Business & Commerce Code. The law applies to anyone sending into Texas — not just senders located there.
SB140 links Chapter 302 violations to the Texas Deceptive Trade Practices Act, opening enhanced remedies and uncapped repeat recoveries. Earlier settlements don't bar future claims.
Businesses without a prior relationship to a recipient must register with the Texas Secretary of State, post a $10,000 bond, and file quarterly reports. The Nov. 2025 settlement carved out consent-based texts.
If you live in Texas and received marketing texts from a business you have no relationship with, you may have a claim under SB140 and the Texas DTPA.
Statutory damages start at $500 per text ($1,500 if willful). There's no cost to find out if you qualify.
Whether you need to register depends on consent, business relationship, and exemptions. Most companies are surprised by which side of the line they're on.
The compliance checklist covers the registration walkthrough, sample consent language, the post-settlement consent carveout, bond providers, and the quarterly reporting template.
It expands the Texas Business & Commerce Code (Chapter 302) so text messages — SMS, MMS, and graphic messages — are treated the same as telephone solicitations. It also links violations to the Texas Deceptive Trade Practices Act, which opens up stacked damages and a private right of action for consumers.
Governor Abbott signed SB140 on June 20, 2025. It became effective September 1, 2025. A November 2025 settlement clarified that consent-based marketing texts are exempt from Chapter 302's registration, bonding, and quarterly-reporting requirements.
Generally, any business sending marketing texts to Texas residents without an existing business relationship and without prior consent. Several exemptions apply, including publicly traded corporations and their subsidiaries, subscription-based shippers with prior consent, and solicitations to current or former customers.
Statutory damages under the underlying federal TCPA start at $500 per violation and can rise to $1,500 if the violation is willful. Under the Texas DTPA stacking framework, additional remedies may apply, and consumers can bring claims directly.
Yes. The law reaches any business — wherever located — that sends marketing texts into Texas. Texas residency of the recipient is the trigger, not the sender's location.
Don't delete it. Screenshot the message including the sender's number and the timestamp. Note whether you've ever done business with the sender. Use the consumer intake above and we'll route qualifying claims to a Texas-licensed attorney for review.