Texas Mini-TCPA Law: What You Need to Know

Modified on Fri, 29 Aug at 4:26 AM

What’s Changing with the Texas Mini-TCPA Law?

Texas has amended its telemarketing law (Chapter 302, Business & Commerce Code), which previously applied only to voice telephone calls, to apply to text messages. The expansion of the law’s application to text messages means that you may need to register your business with the Texas Secretary of State if you are sending marketing messages to Texas residents or are located in Texas and sending marketing texts. The amendments also make it easier for individuals to file lawsuits and recover significant damages for violations.

These changes go into effect on September 1, 2025.

Who Does This Apply To?

The law applies to “sellers” and “telephone solicitors” who send marketing SMS/text messages:

TO Texas residents (regardless of where you’re located)
FROM Texas (regardless of where your recipients are located)

Examples:

A California business sending SMS to Texas consumers = May be covered
A Texas business sending SMS to California consumers = May be covered
A Texas business sending SMS to Texas businesses = May be covered

Are There Any Exemptions?

Yes, but they are narrow. Examples include:

Certain publicly traded companies and their subsidiaries
Certain financial institutions
Educational institutions
501(c)(3) nonprofits
Businesses marketing the sale of food
Retail sellers with brick-and-mortar locations if it has operated under the same name for the last two years and a majority of sales occur at retail locations
Businesses contacting their current or former customers if that business has operated under the same business name for the last two years

Note: Exemptions are fact-specific, and the burden of proof is on you to demonstrate qualification. Consult legal counsel to determine if you qualify.

What Happens If I’m Not Exempt?

You may need to:

File a registration statement with Texas (including personal, financial, and business details that become “public information”).
Pay a $200 application fee which will need to be renewed after one year.
Post a $10,000 security deposit in the form of a bond executed by a corporate security, an irrevocable letter of credit, or certain certificates of deposit. Additional information regarding the form of any security can be found in Section 302.107 of the law.
Comply with specific disclosure requirements and quiet hours restrictions.

Important: Your registration is only valid once the Texas Secretary of State issues the certificate, not when you submit the application.

Registration is done with the state of Texas. Click here to learn more.

What are the Risks?

Non-compliance can result in:

Civil penalties up to $5,000 per violation
Treble damages under the Texas Deceptive Trade Practices Act (DTPA)
Attorney fees and costs awarded to successful plaintiffs
Increased risk of lawsuits (Texas now allows “serial” private actions, meaning a single campaign could expose you to multiple lawsuits for the same conduct).

What Should I Do as a Customer of the Platform?

Review your audience and location: Are you sending messages TO Texas residents or FROM a location in Texas?
Segment your lists: Consider excluding Texas numbers if you don’t want to take on the compliance burden (this only works if you are not located in Texas).
Strengthen consent: Make sure you have documented opt-in proof for every contact.
Talk to your attorney: Determine if an exemption applies or if you need to register and post a bond before September 1, 2025.

What is the Platform’s Role?

The platform is a software provider only. We do not act as the telemarketer or seller. You (the business) control:

Who receives messages
What messages say
When messages are sent
Whether you qualify for an exemption

You are the “seller” or “telemarketer” for all legal purposes.

Takeaway: If you send SMS to Texas residents or from a Texas location, you are responsible for compliance with the new law. Please consult your counsel before September 1, 2025. You can also contact the Texas Secretary of State with questions or for additional information.