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Recently, the state of Texas amended their commerce laws to apply to text messages sent by businesses. Please read below to get an understanding of what’s changing and how to stay compliant.
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.

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 goes 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.

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:

Are there exemptions?

The law exempts certain businesses from needing to register. These exemptions include, but are not limited to:
  • Certain publicly traded companies and their subsidiaries
  • Certain financial institutions
  • Educational institutions
  • 501(c)(3) nonprofits
  • Businesses marketing the sale of food
  • Retail sellers with brick and mortar locations if it has operated under the same name for the last (2) years and a majority of sales occur at retail locations
  • Businesses contacting their current or former customers if that business has operated under the same business name for the last (2) years
Note: Our team recommends checking the specific language used in the law to determine whether or not your business is exempt.

Next Steps

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 needed prior to the change on September 1, 2025. If you have any questions, you can also contact the Texas Secretary of State for further guidance.
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