Texas Telemarketing Law Update for Text Messaging

As of September 1, 2025, the State of Texas updated its telemarketing law to include text messages. This means that text messages are treated the same way as telemarketing calls under Texas law.

This article is for informational purposes only. We cannot provide legal advice, so you should consult your own legal counsel to understand how these rules apply to your business.

Some businesses may need to register with the Texas Secretary of State before sending marketing text messages to Texas residents. Registration includes:

• A $200 annual fee
• A $10,000 security deposit (bond)

There are exemptions that may apply. For example, financial institutions, publicly traded companies, nonprofits, businesses contacting current or former customers that have operated under the same business name for at least 2 years, and businesses making isolated solicitations may not need to register.

Because exemptions depend on your specific circumstances, it is important to confirm with your own legal counsel whether registration applies to your business.

Texas law sets limits on when marketing text messages can be sent:

• Monday through Saturday: not between 9 p.m. and 9 a.m.
• Sunday: not before noon and not after 9 p.m.

These hours are stricter than federal rules, so you may want to adjust your SMS scheduling settings to make sure you are not sending during these quiet hours.

Who is affected

The law may apply if your business is:

• Located in Texas and sending marketing text messages, or
• Sending marketing text messages to people in Texas.

Next steps

• Review your SMS practices with your legal counsel.
• Make any needed adjustments to your quiet hours settings.
• Check if you need to register with the Texas Secretary of State.

Resources

• Texas Senate Bill 140 (PDF)

Disclaimer: This information is provided as a general informational resource. Mailchimp does not provide legal, financial, or tax advice. Your use of our services remains subject to our Terms of Use and applicable laws. Because every business is different, you should consult with your own legal counsel to determine how these requirements apply to your specific situation.