News & Insights

Recent bill of interest where Texas SB 140 Clarifies Consent-Based Text Messaging Under Mini-TCPA

Dec 29, 2025

Effective September 1, 2025, Texas Senate Bill 140 amends the Mini-Telephone Consumer Protection Act (Mini-TCPA) to expand the definition of “telephone solicitation” to include text messages, images, and other electronic communications. Covered telemarketers generally must register with the Secretary of State, pay a $200 fee, post a $10,000 security bond, and submit quarterly reports before contacting prospective customers. Violations are treated as deceptive or unfair acts under the Texas Deceptive Trade Practices Act (DTPA), giving consumers the right to seek damages. The law also includes a carve-out for companies contacting current or former customers under the same name for at least two years and leaves the definition of “customer” open to ordinary interpretation, potentially covering opt-in subscribers who have not yet made a purchase.

Importantly, SB 140 exempts consent-based communications. If a business sends marketing texts only to individuals who have affirmatively opted in and maintains verifiable records of that consent, the law’s registration, bonding, and reporting requirements do not apply. The state clarifies that these consented messages are not considered “telephone solicitations” under the statute. For consumers, this ensures strong protection against unwanted or deceptive texts while confirming that permission-based marketing is lawful. Understanding when you have provided consent allows you to manage your communications effectively and ensures businesses are held accountable under the Mini-TCPA.

No information in this communication is intended to constitute specific legal advice. For specific legal advice, please contact an attorney, and if you have any such questions or would like more information about this issue, please contact William “Pat” Huttenbach at 713.752.8616, or email at phuttenbach@craincaton.com.

Thanks,

Pat

Senate Bill