Silvr Blog
Understanding Texas SMS Marketing Compliance
What You Need to Know About SB 140
Protect Your Business from Costly SMS Marketing Violations
The landscape of SMS marketing is evolving rapidly, and staying compliant is more important than ever—especially in Texas. Senate Bill 140 (SB 140), which went into effect on September 1, 2023, introduced stricter rules for businesses that use text message marketing. If you’re texting consumers in Texas, even from out of state, these new regulations apply to you.
Here’s what you need to know about SB 140 and how to keep your SMS strategy compliant.
- What Is SB 140?
- Why SMS Marketing Compliance Matters
- How SB 140 Fits Into the Bigger Picture
- What You Need to Do Now
What Is SB 140?
SB 140 is a Texas law that expands the definition of “telephone solicitation” to include commercial text messages sent without prior consent. Under this law, businesses must follow stricter guidelines when sending marketing texts to Texas residents, including:
- No marketing texts without express written consent
- No texts sent before 8 a.m. or after 9 p.m. (recipient’s local time)
- No disguised identity—businesses must clearly identify themselves
- Must honor opt-out requests immediately
Failure to comply with SB 140 can lead to civil penalties, lawsuits, and reputational damage.
Why SMS Marketing Compliance Matters
Text message marketing can be incredibly effective—but only when done legally. Consumers are increasingly aware of their rights, and compliance violations can quickly become legal liabilities.
Here’s what’s at stake if you don’t comply with SB 140:
- Financial penalties under the Texas Business and Commerce Code
- Potential lawsuits, including class actions
- Loss of customer trust if you’re seen as spamming or misleading
Just one complaint can trigger scrutiny from regulators, so proactive compliance is a must.
How SB 140 Fits Into the Bigger Picture
Texas isn’t alone—state-level privacy and marketing laws are becoming more common across the U.S. While the TCPA (Telephone Consumer Protection Act) already regulates marketing calls and texts at the federal level, laws like SB 140 show that states are taking matters into their own hands.
Other states are likely to follow Texas’s lead with similar legislation, which means:
- Your SMS program must be geo-aware
- Consent tracking and documentation are critical
- You may need different compliance strategies based on a recipient’s location
What You Need to Do Now
To stay compliant with SB 140 and avoid costly mistakes, we recommend the following action steps:
- Obtain express written consent before sending any marketing texts
- Clearly identify your business in every message
- Respect timing restrictions (only text between 8 a.m. and 9 p.m.)
- Honor opt-outs immediately—automate the process if possible
- Use compliant platforms that track consent and manage opt-outs
- Document consent and make sure you can produce records if challenged