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Effective September 1, 2025, Texas Senate Bill 140 (SB 140) materially expands the scope of the Texas Business and Commerce Code §§ 301-305 (Mini-TCPA) governing both telephone and SMS marketing. The statute requires registration and posting of a bond, lowers procedural barriers to private litigation, and increases both private and governmental enforcement exposure. The principal changes and recommended compliance measures are outlined below.
In light of this elevated risk environment, we strongly recommend that clients (i) determine without delay whether their outbound telephone or SMS marketing campaigns trigger the Mini-TCPA, (ii) confirm whether an exemption applies, and (iii) if necessary, complete the statutory registration process in advance of the September 1 effective date.
Texas Mini-TCPA–Statutory Exemptions
The Mini-TCPA contains narrowly drawn exemptions, summarized here for ease of reference:
Recommended Compliance Steps
Required Forms
Entities engaging in telephone/SMS advertising in Texas will need to complete the following forms:
Surety Bond Option
Texas permits the $10,000 security deposit to be satisfied through a third-party surety bond. Qualified providers currently issue three-year bonds for approximately $250, offering a time- and cost-efficient alternative to cash or certificate-of-deposit options.
Next Steps
We encourage all clients engaged in, or planning to engage in, telephonic or SMS marketing involving Texas consumers to (i) conduct an assessment of their current practices, (ii) prepare and submit any required registration materials, and (iii) update internal compliance protocols to reflect the increased statutory penalties that are effective September 1. Please contact the authors of this alert with any questions.
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