Texas has overhauled its telemarketing law (Texas Business & Commerce Code § 302). Senate Bill 140, effective September 1, 2025, expands the scope of regulated activities to include text message marketing and adds new compliance obligations, which may significantly elevate litigation and enforcement risk.
What's New?
Previously, Texas' telemarketing law focused on live or prerecorded calls made for marketing purposes. Telemarketers that targeted Texas residents were required to register with the Texas Secretary of State, post a $10,000 security bond, and pay a $200 fee. Like other telemarketing laws, compliance obligations included scrubbing call lists against the Texas no‑call list, providing certain call disclosures, and restricting calling hours. Enforcement rested primarily with state agencies, and consumers generally could not sue unless they first filed a complaint with a regulator.
SB 140 broadens the definition of "telephone solicitation" to explicitly include the "transmission of a text or graphic message or of an image."
The new law also enables consumers to sue telemarketers without prior state agency involvement and to seek statutory damages for each violation – which can accumulate quickly. Repeat suits over ongoing campaigns are also now expressly permitted.
Certain exemptions may apply, including solicitations with a "former or current customer," nonprofit solicitations, or calls made by public companies. These carveouts are likely to be construed narrowly, and often have ambiguous or nonexistent definitions.
Telemarketers Takeaways
The new private right of action significantly increases litigation risk, particularly for high‑volume text or automated marketing campaigns. Texas now regulates more communication types and has stricter requirements than federal law, so complying with the TCPA alone may not protect a business from consumer lawsuits or state enforcement. Risk is further amplified by the Texas Attorney General's Office recent track record of aggressively enforcing its consumer protection laws. Companies marketing to Texas residents should review their outreach channels, ensure they are registered before September 1, 2025, and confirm they have systems in place to manage consent, opt‑outs, and no‑call list checks.
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