New Texas TCPA Rules for Text Message Marketing
Beginning September 1, 2025, businesses that place marketing calls or send marketing text messages to Texas residents will be subject to stricter rules under the Texas Telephone Consumer Protection Act (Texas TCPA). This state-level law is designed to protect Texas consumers from unwanted telemarketing calls and SMS marketing. Whether you are a small business owner, marketer, or operate a customer service platform, it is critical to understand how these changes affect your communications strategy.
Under the new law, businesses must obtain a consumer’s Prior Express Written Consent before sending marketing or promotional text messages to Texas residents. Consent must be secured through a separate, unbundled, and affirmative action, such as a dedicated checkbox. It cannot be hidden within a website’s Terms of Use and cannot be made a condition of purchase.
In addition to obtaining proper consent, most businesses are required to register with the Texas Secretary of State, pay the applicable registration fees, and, in some cases, post a bond in the amount of $10,000 depending on the nature of their activity. Almost all businesses sending automated or bulk promotional messages to Texas residents must comply with these obligations, even if they already maintain an established business relationship with the customer.
Certain types of messages and organizations are exempt from these stricter requirements. Transactional or informational text messages, such as order confirmations, shipping updates, appointment reminders, or account notices, generally do not fall within the scope of the Texas TCPA because they are not considered marketing communications. In addition, some non-commercial organizations—including schools, churches, registered charities, and political campaigns—may be exempt from the registration and strict consent rules, depending on the content of their messages. Because exemptions are highly fact-specific, businesses should carefully review their individual circumstances with legal counsel.
To ensure compliance, along with obtaining consent and potentially registering, businesses should adopt best practices that include using a separate checkbox for SMS marketing consent at the time of checkout or signup, clearly informing consumers that marketing texts are optional and not tied to a purchase, providing an easy opt-out mechanism for recipients, and maintaining detailed records of when and how consent was obtained. Businesses should avoid burying SMS consent within lengthy Terms of Use or privacy policies, as this approach will not satisfy the statutory requirements.
Texas is stepping up enforcement of consumer protection in text message marketing. Beginning September 1, 2025, any business adding new contacts to its SMS list must obtain valid, documented Prior Express Written Consent or face significant fines and potential legal action.
If you have any questions about whether your business is in compliance, do not hesitate to reach out to us. Go to https://www.long.law/intake to book a free consultation.