Texas Just Made SMS Marketing a Legal Minefield. Here’s How to Keep Selling (Without Getting Fined)
If your ecommerce brand texts customers in Texas—even once—you’re now considered a telemarketer under the law.
Starting September 1, 2025, a new Texas regulation (SB 140) takes effect, treating marketing texts like phone calls, and yes! That means registration fees, opt-out rules, legal risks, and more red tape than a returns warehouse during BFCM.
This isn’t optional. The law applies to any brand sending promotional texts to Texas residents. Whether you’re using Klaviyo, Attentive, Postscript, or another platform, this impacts how you grow your list, what you send, and when you send it.
Here’s what you need to do before those $10K penalties hit your SMS ROI.
Who This Law Covers
SB 140 has two main triggers for compliance:
You’re sending marketing texts to someone in Texas (no matter where your business is located).
Your business is based in Texas and you’re sending marketing texts to anyone in the U.S. (even if they’re not in Texas).
If either one is true, you must:
- Register as a telephone solicitor
- Pay the registration fee and post the $10K surety bond
- Comply with quiet hours, DNC lists, and opt-out requirements
First, What Is SB 140 and Why Should You Care?
SB 140 updates the Texas Business & Commerce Code to treat any marketing text, MMS, or image message as a “telephone solicitation.” That means your SMS strategy is now subject to the same rules as a call center dialing cold leads.
It’s part of Texas’s broader “Mini-TCPA” legislation, and it’s no joke.
What counts under this law?
- Any message promoting a product, service, or special offer
- Sent via text, image, or digital format
- Directed to someone in Texas
What This Means for Ecommerce & DTC Brands Using SMS
This law doesn’t care if you’re a scrappy DTC brand or a scaled Shopify empire. If you’re marketing via SMS and any of your customers live in Texas, this law applies.
You now need to:
- Register as a Telephone Solicitor
- Screen your list against Do Not Call (DNC) registries
- Respect “quiet hours” (no texts before 9 AM or after 9 PM Texas time)
- Honor all opt-out requests
- Maintain proper documentation of consent
Important: This is not just a Klaviyo setting or pop-up checkbox fix. It’s legal compliance. The risk? Lawsuits, statutory damages, or worse: getting blacklisted by your own customers.
Do I Really Need to Register?
100000% YES!
Unless you meet specific exemptions (most ecommerce businesses don’t), you’re required to:
- Complete a Telephone Solicitor Registration Form
- Pay a $200 filing fee
- Post a $10,000 surety bond
- Wait for approval before sending marketing texts
Here’s the official Texas FAQ for telemarketing compliance.
Here’s the full breakdown from Klaviyo: Understanding Texas’s Business and Commerce Code Update.
Let’s Talk Consent. Because It Just Got Way More Important
Under SB 140, you need express consent from every recipient before you send them marketing texts. That means:
- No more pre-checked boxes
- Clear opt-in language (e.g., “By signing up via text, you agree to receive marketing messages from [Brand Name]…”)
- Documented proof of signup
- Fast, automatic opt-out if they reply STOP, CANCEL, etc.
Oh, and Don’t Text People While They’re Sleeping in Texas
You’re legally limited to texting between 9:00 a.m. and 9:00 p.m. (in the recipient’s local time). That’s now a hard rule, not just a best practice.
Most platforms let you schedule or throttle delivery by time zone. Turn that setting on. Now.
5 Things You Need to Do Right Now
TO-DO
- Register with the Texas Secretary of State
- Pay the $200 fee + $10K surety bond
- Scrub your list against DNC registries
- Update opt-in and opt-out flows
- Respect quiet hours
WHY IT MATTERS
- Legal requirement, no exceptions for brands using SMS platforms
- Legal requirement, no exceptions for brands using SMS platforms
- Includes the Texas Do Not Call list and National DNC Registry
- Make sure your signup language is clear and logged, and opt-outs are instant
- Schedule SMS flows by time zone, or risk fines
What Happens If I Ignore This?
You could get hit with:
- Statutory damages per violation
- Private lawsuits under the Texas Deceptive Trade Practices Act (DTPA)
- Multiple claims if you violate more than one part of the law (DNC, consent, timing, etc.)
- Translation: you don’t want to mess with this.
What Should Smart Brands Do Instead?
Turn this into an opportunity. Use it to clean your list, tighten your compliance, and build real relationships through SMS.
Rework your opt-ins with clearer language
Send fewer, more valuable texts
Segment by geo, don’t send Texas texts until you’re compliant
Automate opt-outs + quiet hours
Use the right platform (Klaviyo makes compliance easier)
NOT SURE IF YOU’RE COMPLIANT?
Let’s Fix That
ECD helps ecommerce brands set up SMS the right way, fully compliant, fully automated, and fully aligned with your Shopify store and email flows.
Get a Free SMS Compliance & Strategy Audit
We’ll check your platform, consent settings, DNC handling, and message scheduling to make sure you’re covered before SB 140 hits.
Written by: Isa
Storyteller. Brander. Coffee-fueled Account Strategist. In a sea of spreadsheets and surface-level decks, Isa Ureña is the compass every team needs—not only guiding clients to meet their goals, but taking them far beyond with sharp insights and even sharper storytelling. E-commerce. Content strategy. Lifecycle marketing. She connects every channel, project, and move with one purpose: building brands that feel real—and deliver lasting results.