Texas SMS Compliance Compliance
Text message marketing compliance rules in Texas
Mini-TCPA State — Tex. Bus. & Com. Code Ch. 302 & Ch. 304
Texas has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for SMS Compliance operations here.
Consent Requirements
SB 140 was the game-changer for SMS in Texas. Before September 2025, text messages were arguably outside Ch. 302. Now they are explicitly included. Consent-based text marketing is exempt from registration (per EIA v. Texas settlement), but unsolicited commercial texts are subject to the full Ch. 302/304 regime including DTPA liability. Calling hour restrictions apply to texts — no marketing texts before 9am weekdays or before noon Sunday. The FCC one-to-one consent rule (Jan 2025) compounds risk for purchased lead lists. Consent must be specific to your company for both federal TCPA and Texas DTPA protection.
Calling Rules
Stricter than federal 8AM–9PM
SMS Compliance Compliance Checklist
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Book a Compliance Call →This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →