🚨 Texas SB140: What Every Agency Owner Needs to Know 🚨

Starting TODAY (September 1, 2025), a major new law goes into effect in Texas that will completely change the way agencies can use SMS, MMS, and telemarketing.

Texas Senate Bill 140 (SB140) expands telemarketing regulations to cover text and multimedia messages — with penalties of $500 to $5,000 PER violation, plus treble damages and attorney fees.

🔑 Key Points for Agencies:

Expanded Scope → Text messages, MMS, and electronic communications are now legally considered telemarketing.
Registration Required → If you text Texas residents, your business must register with the state.
Private Right of Action → Consumers can now sue directly for violations (no agency complaint needed first).
No Caps on Recovery → Repeat violations = unlimited liability.
Severe Penalties → A single non-compliant campaign to 1,000 Texas contacts could expose you to $500K–$5M in penalties.

✅ What You Must Do to Stay Compliant:

Get Registered with the Texas Secretary of State (if you’re soliciting Texas residents).
Obtain Prior Express Written Consent (PEWC) — double opt-in is the new gold standard.
Honor Opt-Outs Immediately — “STOP” must work every time.
Respect Quiet Hours — campaigns must follow strict timing rules.
Keep Records for 4+ Years — consent logs, opt-outs, campaign audits, etc.

⚡ Why This Matters

Even if you’re not based in Texas, if you contact Texas residents, you’re covered by this law. Federal TCPA compliance is no longer enough — SB140 goes further.

📌 Action Step

If your agency runs SMS/MMS campaigns, start preparing NOW. Waiting could leave you scrambling — or worse, facing lawsuits.

👉 I’ll be sharing tools, templates, and strategies in this group over the next few weeks to help everyone navigate these changes and stay ahead.

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