Understanding the Impact of SB 140 on SMS, MMS, and Voice Marketing
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Stemless recommends consulting with your legal counsel to understand how Texas Senate Bill 140 applies to your business.
What’s Changing with Texas Senate Bill 140?
Starting September 1, 2025, a new law in Texas—Senate Bill 140 (SB 140)—will change how businesses can send text messages, MMS, and voice calls to customers in the state.
This legislation expands the scope of Texas’s telemarketing laws to include more digital communication methods—and it comes with serious penalties for non-compliance. If your business sends mobile messages to Texas residents, this law applies to you.
Why It Matters
Unlike federal regulations like the TCPA, SB 140 allows Texas consumers to sue businesses directly for violations—no government agency involvement needed.
And the penalties can add up fast:
- $500 to $5,000 per violation
- Triple damages for proven harm
- Legal fees covered for the customer
- Additional claims for emotional distress
- Multiple lawsuits possible for repeat offenses
In other words: one mistake could lead to ongoing legal trouble if not addressed quickly.
What’s Covered Under SB 140?
SB 140 applies to:
- Text messages (SMS)
- Multimedia messages (MMS) — including images or graphics
- Sales-related voice calls
In other words: one mistake could lead to ongoing legal trouble if not addressed quickly.
How to Stay Compliant: A Quick Checklist
Work with your legal counsel to review these areas before the law takes effect:
1. Obtain Written Consent First
Before sending automated texts, MMS, or calls to Texas customers, you must have prior express written consent (PEWC). This means:
- Clear, written agreement
- Opt-in checkboxes not pre-selected
- Disclosure of automated technology use
- Consent is not a condition of purchase
2. Make Opt-Out Simple
Every message must include a clear opt-out option—like “STOP” or “UNSUBSCRIBE”—and opt-out requests must be honored immediately.
3. Respect Quiet Hours
Only send messages during acceptable hours. SB 140 likely mirrors TCPA’s time-of-day restrictions—consult legal experts to confirm.
4. Register as a Telemarketer
If you qualify as a “seller” under Texas law and send messages or calls to Texas residents, you must:
- Register with the Texas Secretary of State
- Pay a $200 annual fee
- Submit quarterly sales rep reports
Penalties for failing to register can reach $5,000 per violation.
5. Keep Detailed Records
Document everything—when customers gave consent, when they opted out, and what messages were sent. Solid records are your first line of defense.
How Stemless Helps You Stay Compliant
Stemless is already equipped with tools to support your compliance efforts:
- Consent Tracking: Automatically records when and how users opted in, with full audit trails.
- Real-Time Opt-Outs: Instantly unsubscribes users who reply with opt-out keywords—no manual work needed.
- Time Zone Control: Automatically adjusts message delivery to respect local time laws.
- Full Audit Logs: Everything is logged—every campaign, every opt-out, every consent—so you’re always prepared.
Note: These tools support compliance efforts but don’t guarantee it. Your business remains responsible for meeting all legal obligations.
What You Should Do Now
If you message customers in Texas, start preparing today:
- Audit your current messaging and consent practices
- Enable all relevant compliance features
- Update your consent collection process
- Verify if you need to register with the state
- Train your team on SB 140 requirements
Remember: this isn’t about limiting your marketing – it’s about building trust and protecting your business.
Final Thoughts
Texas Senate Bill 140 represents a major step forward in state-level regulation of mobile communications. While it may seem like a hurdle, it’s also an opportunity to build stronger, more transparent relationships with your customers.
Stemless is here to help you stay ahead of these changes—so you can focus on delivering great experiences while maintaining full compliance.
Pro Tip: Don’t wait until the deadline. Getting your SMS program compliant now will save you time, money, and legal risk down the road.Don’t wait until the deadline. Getting your SMS program compliant now will save you time, money, and legal risk down the road.
Common Questions About SB 140
Is following TCPA rules enough?
No. SB 140 adds state-specific requirements that go beyond federal law.
Does this apply to MMS with images?
Yes—any multimedia messages sent for sales purposes are covered.
What if I use a different messaging platform?
No matter the platform, your business is responsible for compliance.
How fast must opt-out requests be processed?
Immediately. No delays are permitted.
Does SB 140 apply even if customers gave consent?
Yes. Consent allows you to message, but you still need to follow all SB 140 rules.
Is this based on area code or where the person lives?
It’s based on residency. Even if a Texan has an out-of-state number, the law still applies.
Is TCPA validation enough?
Not entirely. It helps with TCPA risk, but SB 140 also requires proper consent capture, sender registration, and time-of-day compliance.
Ready to Stay Compliant?
See how Stemless helps you stay compliant and maximize SMS performance
Already a customer?
Contact your Customer Success Manager to review SMS setup and stay ahead of the law.
Reminder: This FAQ provides general information and is not legal advice. Always consult with qualified counsel for guidance specific to your situation.