A Texas texting law is in effect that impacts how businesses use text messages for marketing and promotion. The law (S.B. 140) updated the Texas Business and Commerce Code, and if you send marketing texts to anyone in the Lone Star State, you need to understand your obligations.
It’s important to note: this law specifically targets unsolicited marketing and promotional texts. It does not apply to one-on-one conversational messages with your customers, such as appointment reminders or updates about an existing order.
Previously, the state’s rules for “telephone solicitation” only applied to phone calls. Now, marketing text messages are included, which means your business may have new obligations, including registering with the state.
What the New Texas Texting Law Says
The update introduces several key requirements for businesses sending marketing texts to Texas residents or from a location in Texas.
🤫 New "Quiet Hours" for Marketing Texts
You may not send marketing or promotional texts whenever you want. The law establishes strict “quiet hours” based on the recipient’s local time zone:
- Monday–Saturday: No texts before 9:00 a.m. or after 9:00 p.m.
- Sunday: No texts before 12:00 p.m. (noon) or after 9:00 p.m.
📝 State Registration May Be Required
Many businesses that send marketing texts are now required to register with the Texas Secretary of State. This is a significant step to be aware of if your business falls under the law’s purview.
⚖️ Consumers Can Sue Directly
The law gives individuals a “private right of action.” This means a person who receives a text they believe violates these rules can sue the sender directly under the Texas Deceptive Trade Practices Act (DTPA). If a business is found to have intentionally violated the law, they could face significant penalties.
Does the New Texas Texting Law Have Any Exemptions?
The Texas texting law does include exemptions for certain types of organizations and specific situations. For example, some nonprofits, educational institutions, and businesses contacting their existing customers may not be required to register.
However, the rules are very specific. Because every business is different, it is essential that you review the official text of the law (S.B. 140) or consult with a legal professional to determine if an exemption applies to your specific marketing activities. Do not assume you are exempt.
Your compliance Action Plan
If you believe these regulations apply to your business’s marketing activities, we recommend taking the following steps to ensure you are in full compliance with the new Texas texting law.
- Review Your Texting Practices: Analyze your marketing text campaigns to ensure they align with these rules, especially the “quiet hours.”
- Determine if You’re Exempt: Carefully check the official law to see if your business qualifies for a legal exemption from the registration requirement.
- Prepare for Compliance: If you are not exempt, you must meet the state’s requirements. Visit the Texas Secretary of State website for official instructions and necessary forms.
- Seek Legal Advice: This post is for informational purposes only and is not legal advice. We strongly recommend speaking with qualified legal counsel for guidance specific to your business.
How We're Here to Support You
Navigating regulatory changes can be complex, and we want you to know that the VirtualPBX and VirtualText teams are here to support you. Our platforms provide powerful tools to manage your communications. Features like contact list management and scheduled messaging can help you organize your campaigns and adhere to requirements like the new ‘quiet hours.’
While it is always your responsibility to ensure your business practices comply with all laws, our goal is to provide a flexible platform that helps you do so. If you have questions about using our features to manage your texting campaigns, our support team is always ready to assist.
