On November 6, 2025, Texas reached a settlement regarding Senate Bill 140 (SB 140), which set forth amendments to the “state’s mini-TCPA” (Chapters 301-305 of the state’s Business and Commerce Code). In a joint motion to dismiss, the state clarified that businesses who only send marketing texts to users who have opted in need not register with the state as telephone solicitors. This development marks a moment of clarity for businesses operating consent-based text message marketing programs in Texas who were previously unsure of the need to register.
Background: SB 140 and Its Original Intent
We previously outlined SB 140 and the state’s mini-TCPA statute requirements here. The amendments were designed to modify the Texas Business & Commerce Code, primarily aiming to strengthen consumer protection against unwanted telemarketing via calls and text messages. The amendments extended certain “telephone solicitation” registration and disclosure requirements to text-message marketing practices. Many businesses interpreted that they needed to register as telephone solicitors under the amendment, even though their communications were opt-in only.
The Texas Settlement
The Ecommerce Marketers Alliance and other plaintiffs sued after the passage of SB 140 out of concern that the law’s expanded registration and reporting requirements would be applied to their consent-based text message marketing programs. These businesses reported that they only send marketing texts to consumers who have explicitly opted in, and they argued that extending Chapter 302’s telephone solicitor registration framework to such programs would amount to an unconstitutional restriction on their protected commercial speech.
In a joint motion for dismissal, the Texas Attorney General clarified that SB 140 does not extend Chapter 302’s registration requirements to businesses operating consent-based marketing programs. This reading explicitly exempts consent-based text marketers from having to register or comply with the heightened disclosure rules.
The Texas Attorney General has agreed to provide a formal letter opinion regarding this matter, and the Secretary of State has committed to revising its online guidance accordingly. While the Attorney General’s formal opinion is still pending, the Secretary of State’s website now specifies that “any business that sends text messages with prior consent of the consumer is not required to complete the Telephone Solicitation Registration Statement under Business and Commerce Code Chapter 302.” Additionally, the Secretary notes that businesses which have previously submitted a Registration Statement may withdraw their application if it has not yet been processed.
Impact on Consent-Based Marketing in Texas
The immediate effect of the Texas settlement is that businesses are not required to register as telephone solicitors, and they are not required to adapt their communication strategies to avoid potential penalties under SB 140. The state’s position in the settlement provides regulatory certainty for businesses operating with such consent-based marketing programs.
For consent-based businesses who submitted a registration statement but did not receive a response from the state, it would be prudent to withdraw the application in light of the guidance.
What’s Next
The settlement means that Texas regulators are not currently enforcing the registration requirements against businesses operating consent-based texting campaigns. Overall, the regulatory risk for businesses operating under such models is much lower as a result.
However, courts are not bound to follow this settlement or the upcoming Attorney General guidance. Furthermore, plaintiffs might still claim that the amendments require registration for consent-based text messaging, and they may try to enforce this by using the mini-TCPA’s private right of action. Additionally, there is still an ongoing risk of private lawsuits under other sections of the mini-TCPA, such as those involving do-not-call lists, caller ID, or autodialer regulations — none of which are covered by this settlement.
Most importantly, while the Texas settlement provides a carve-out for consent-based texting, businesses must remember that their reliance on this exemption hinges on ongoing, documented consumer consent. Therefore, it is essential to maintain records of customer opt-ins, track consent status, and provide easy mechanisms for users to revoke consent at any time. The Texas settlement on SB 140 is a welcome development for consent-based marketers, clarifying that opt-in messaging the state’s favored approach. Businesses should remain vigilant and adapt to future changes in this space while always continuing robust recordkeeping and compliance on consumer consent.