Starting September 1, 2025, businesses sending text messages to or from Texas must comply with important new regulations. These changes may apply to your business regardless of where you’re based — whether you’re in the United States or elsewhere around the globe.
Below is a high-level outline in Texas text messaging law, what actions you may need to take, and where to find more resources.
Background
Texas already enforces TCPA-related regulations, and by amending this law (also referred to as Mini-TCPA) the state is now expanding the definition of “telephone communications” to cover text messages—SMS, MMS, and RCS.
These changes bring significant compliance responsibilities, and risks, for businesses that engage in text marketing with text message recipients in Texas.
👉Learn more and register at the Texas Secretary of State Website
Key Changes
“Telephone solicitation” now includes texting
Prior Texas telemarketing regulations were about addressed phone calls, but with this update, the law also covers text, graphic, and image messages, which includes communications sent via SMS, MMS, and RCS.
So, if you’re currently sending (or planning to send) any of these types of messages to recipients in Texas, the requirements and restrictions in the Texas Mini-TCPA apply to you. These include, without limitation, “Quiet Hours” restrictions and registration requirements (i.e. Qualifying businesses must register with the Texas Secretary of State, pay a $200 annual fee, and submit a $10,000 security deposit)
Please note that some businesses and use cases fall into exempt categories. You should evaluate your situation to determine whether your case is exempt.
Additional resources:
Failure to comply with the Texas mini-TCPA can result in fines up to $5,000 per violation.
Private citizens are now given the right to bring lawsuits against non-compliant businesses.
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Disclaimer
This content is for educational purposes only and does not constitute legal advice. If you have questions regarding the new Texas law, please consult with your
regulatory or compliance advisers.