Note: This information is not legal advice. While we do our best to provide useful information and context as a starting point, Endear advises all brands to obtain professional legal advice to ensure that messaging is sent in compliance with applicable laws.
Overview
Texas Senate Bill 140 (SB140), signed into law on June 20, 2025, significantly expands the state's existing telemarketing regulations to now include text and multimedia messaging.
The law goes into effect September 1, 2025, and applies to businesses that call or text Texas residents as well as businesses that operate from Texas.
Understanding this law is important for businesses using Endear's text messaging and SMS campaign capabilities to ensure you stay compliant with new legislature if it applies to you.
Important considerations
Timing: The law goes into effect on September 1, 2025; and thus applies to messages sent on or after that date.
Next Steps: Brands should evaluate whether this update to Texas telemarketing law applies to their SMS marketing practices and take appropriate next steps to ensure compliance. This may include reviewing registration requirements, exemptions, consent mechanisms, and message disclosures.
Legal consultation: Given the complexity of the law, its exemptions, and potential penalties, brands should consult with qualified legal counsel to understand their specific obligations.
How Endear supports compliance
Endear includes several features designed to help brands maintain compliant messaging practices under various regulations, including the new Texas law:
Automatic opt-out management: Endear automatically detects and processes customer opt-out requests through standard keywords (STOP, UNSUBSCRIBE, OPT-OUT, etc.), ensuring businesses honor opt-out requests promptly as required by law.
Marketing preference tracking: Customer communication preferences are maintained within each customer profile, helping you manage consent and communication history effectively.
While these features support compliance efforts, brands should still assess their specific use cases and consult with legal counsel to ensure their messaging practices align with the Texas requirements.
Resources for additional information:
Ecommerce Innovation Alliance: A Closer Look at SB 140 and SMS Marketing
Questions should be directed to the Texas Secretary of State
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