Texas SB 140

Texas SB 140: What Every Business Must Know About Texting, Cold Calling, and CRM Compliance

What Is SB 140?

On June 20, 2025, Texas Governor Greg Abbott signed Senate Bill 140 (SB 140) into law. Effective September 1, 2025, it dramatically tightens rules on marketing communications by expanding the definition of telephone solicitation to include:

• Text messages (SMS)
• Multimedia messages (MMS)
• Rich Communication Services (RCS) messages (e.g., texts with images or graphics)

In other words, marketing texts are now regulated exactly like telemarketing calls.

Key Provisions of SB 140

Exemptions

Some organizations may be exempt, such as:

• Publicly traded companies, financial institutions, and accredited educational institutions
• 501©(3) nonprofits
• Food sellers
• Brick-and-mortar retailers with at least two years under the same name and majority in-store sales
• Businesses contacting current or former customers that meet the two-year name requirement

Note: The law's definition of "customer" isn't perfectly clear, so consult legal counsel.

Similar Laws in Other States

Texas isn't alone. A growing number of states have enacted "mini-TCPA" laws with their own twists:

• Florida – Florida Telephone Solicitation Act (FTSA) requires prior express written consent and limits call frequency.
• Oklahoma – Oklahoma Telephone Solicitation Act (OTSA) mirrors FTSA, with stiff per-call penalties.
• Washington, Maryland, New York, and others – Enforce strict "Do Not Call" rules, quiet hours, and private rights of action for unwanted texts or calls.

Trend: States are broadening the federal TCPA framework to explicitly cover SMS/MMS and to empower private lawsuits with high statutory damages.

How Businesses Can Protect Themselves

1. Audit Your Outreach

   • Identify all outbound SMS/MMS campaigns to Texas numbers.
   • Determine if you qualify for an exemption.

2. Obtain Express Written Consent

   • Use clear opt-in forms.
   • Retain time-stamped records.

3. Honor Quiet Hours

   • Texas rules: 9 AM–9 PM Monday–Saturday; after 12 PM on Sunday.

4. Provide Easy Opt-Outs

   • Implement "Reply STOP to unsubscribe" and honor requests immediately.

5. Register if Required

   • File Form 3401, pay the $200 annual fee, and maintain the $10,000 security deposit.

6. Maintain Detailed Records

   • Store consent logs, message history, and opt-out confirmations for defense in case of complaints or lawsuits.

7. Consult Legal Counsel

   • Because state laws vary and penalties are steep, have an attorney review your program.

How Brilliance CRM Simplifies Compliance and Saves Money

A robust CRM can automate the heavy lifting. Brilliance CRM provides:

• Consent Management – Capture and time-stamp opt-ins, store digital signatures, and instantly honor opt-outs.
• Automated Quiet-Hour Controls – Block outbound messages outside allowed times by state.
• Dynamic State-by-State Rules – Tag contacts by location to apply the correct regulations automatically.
• Comprehensive Audit Trails – Generate exportable compliance reports for regulators or court defense in seconds.
• Integrated Marketing Tools – Send targeted, consented campaigns through SMS, email, and voice without juggling multiple platforms.

By centralizing these functions, Brilliance CRM reduces legal risk and lowers operating costs, eliminating the need for separate tools or manual tracking.

Bottom Line

Texas SB 140 raises the stakes for text and cold-call marketing. With penalties up to $5,000 per message and the possibility of triple damages, non-compliance can be catastrophic.

Businesses that audit, register, obtain consent, and use a compliance-focused CRM like Brilliance will protect their brand, avoid lawsuits, and continue marketing confidently across Texas and other states following this trend.

Act before September 1, 2025 to safeguard your outreach and your bottom line.