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Recently, the state of Texas amended their commerce laws to apply to text messages sent by businesses. Continue reading for more information.
Note: These updates do not apply to businesses that send marketing texts to customers who have already provided consent. That being said, if you already use Privy or Emotive for your SMS Marketing, you are already compliant with Texas SB 140 and do not need to take any further action.

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Important Updates

The Texas Business and Commerce Code previously only applied to voice telephone communication. Recently, the law expanded to include text messages as well. This change went into effect on September 1, 2025.
On September 26, 2025, the Texas Attorney General’s office stated that this change does not apply to businesses that send marketing texts only to customers who have provided consent. We encourage you to read more about this clarification here.

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What does this mean for my business?

If you currently use Privy or Emotive forms to compliantly collect phone numbers and market to those customers, you’re already compliant with SB 140. For users of other platforms, make sure your SMS program:
  • Obtains clear consent before sending marketing messages
  • Honors opt-out requests
  • Follows standard industry practices for consent-based messaging
You can also consult legal counsel and/or review the new Texas Business and Commerce Code below to determine whether or not these updates apply to you:

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Next Steps

If you do not use Privy or Emotive, please review your SMS marketing practices to determine whether or not these changes apply to your business. In the case they do, we recommend speaking with a qualified legal counsel to determine any additional next steps.
Note: The following updates are meant to be informational and educational. They are not intended as legal advice. Please consult with qualified legal counsel to ensure that your business is staying compliant, if needed.
If you have any questions, you can also contact the Texas Secretary of State for further guidance.