IMPORTANT MESSAGE FOR OUR TEXAS PARTNERS

Links:

https://statutes.capitol.texas.gov/docs/BC/htm/BC.302.htm

https://www.suretybonds.com/blog/navigating-texas-sms-marketing-laws/

Texas Registration Form: https://www.sos.state.tx.us/statdoc/forms/3401.pdf

Surety Bond: https://www.sos.state.tx.us/statdoc/forms/2301B.pdf

What we are doing to stay compliant:

• Disable any automated SMS going out to any NEW inbound leads from Google Landing Pages, Website, Facebook Ads (We will resume this, once you confirm you’ve registered your business, and have a $10,000 insurance bond)
• Update Opt-In policy to stay compliant
• Easy Opt-out process & DND (do not disturb)
• Advising clients to contact local business attorneys for legal advise. We are not attorneys, and do not provide legal advise.

AI Summary: Texas “Mini-TCPA” Texting Law: Key Compliance Points for Contractors

Overview of the New Law

New Coverage of Texts: Texas has expanded its telemarketing law (Senate Bill 140, effective Sept. 1, 2025) to treat marketing text messages the same as marketing calls. If you send promotional texts to Texas consumers (or from within Texas), you must follow specific rules or face increased legal exposure.

Obtain Clear Consent Before Texting

Get Permission First: Only send marketing texts to consumers who have explicitly agreed to receive them. Ideally, have the customer opt in in writing (for example, by signing a form or checking an unchecked box online) so you can document their consent. If a person hasn’t given clear permission, do not text them with sales or promotional messages.

No Implied or Forced Consent: The consent must be voluntary and informed. Customers shouldn’t be auto-enrolled or required to agree as a condition of doing business. Make sure any sign-up makes it clear they are agreeing to receive marketing texts.

Only Text During Allowed Times (Quiet Hours)

Permissible Hours: Texas law limits marketing texts to reasonable hours. You may only text between 9:00 a.m. and 9:00 p.m. local time Monday through Saturday, and between 12:00 p.m. (noon) and 9:00 p.m. on Sundays. Contacting consumers outside of these times is prohibited.

(This Texas window starts an hour later in the morning than federal rules, so be careful not to start too early.)

Respect Holidays and Late Nights: Even within allowed hours, exercise caution around major holidays or very late hours when consumers are less receptive. Texas specifically codifies the above time frames – never text consumers in Texas late at night or early morning beyond those limits.

Provide Easy Opt-Out and Honor It Immediately

Clear “STOP” Instructions: Every marketing text should include a simple way for the recipient to opt out of future messages. For example, include a line like “Reply STOP to unsubscribe.” Make sure this instruction is easy to see and understand. If your first message to a customer is a welcome or confirmation, include opt-out info there as well.

Honor Opt-Outs ASAP: Stop messaging immediately once someone opts out. Texas law expects opt-out requests to be processed right away – waiting “days or weeks” is not acceptable. If a customer replies “STOP” (or any common opt-out phrase), ensure your system blocks further texts to that number without delay.

Maintain an Internal Do-Not-Contact List: Keep your own list of anyone who has opted out or asked not to be contacted, and make sure all marketing staff or systems respect it. This helps avoid accidental texts to someone who already withdrew consent.

Avoid Texting Numbers on the Texas No-Call List

Scrub the State “Do Not Call” List: Texas has a state No-Call list for consumers who don’t want unsolicited sales contact. You are required to check this list regularly and avoid texting any number on it. (Texas requires marketers to remove new listed numbers within 60 days of the list being updated.)

Re-check Periodically: Numbers on the Texas no-call list expire after three years unless renewed. This means you should rescrub your contact lists at least every few months to catch newly added or re-added numbers. Staying current with the no-call list helps ensure you don’t accidentally contact someone who has opted out at the state level.

Register with the State if Sending Promotional Texts

Telemarketer Registration: If you plan to send promotional texts or calls to Texas consumers (and you don’t qualify for an exemption), Texas law requires you to register as a telemarketer with the Secretary of State. You must file a registration for each business location from which texts are sent, pay a $200 fee, and post a $10,000 security bond. (You’ll also need to update your registration quarterly with any new sales staff, and renew it annually.)

Check for Exemptions: Certain businesses are exempt from the registration requirement. For example, if you are only texting people who are current or former customers of your business (and you’ve operated under the same name for at least 2 years), you may not need to register. (Other exemptions include entities already regulated under other specific laws, like banks or insurance companies.) Be sure to verify if an exemption applies to you – but remember, even if you’re exempt from registering, you still must follow the texting rules on consent, timing, opt-outs, etc.

Consequences of Not Registering: Failing to register when required is itself a violation. If you send marketing texts without the required Texas registration, you could face civil fines up to $5,000 per text for being unregistered. Knowingly ignoring the registration rule (continuing to solicit without registering) can even lead to criminal charges (misdemeanor) in Texas. In short, if you’re covered by this law, get registered before texting.

Keep Records of Compliance (Recordkeeping)

Document Consent and Opt-Outs: Maintain clear records for your text campaigns. Save proof of each customer’s consent – how and when they agreed to receive texts. This could be signed forms, timestamped online opt-in records, phone logs, etc. Also keep logs of any opt-out requests (e.g., records of STOP messages received) and confirmations that you honored those opt-outs.

Track No-Call List Scrubs: Keep evidence of your compliance checks, such as records of when you download/scrub against the Texas no-call list and the results. This shows you are actively removing prohibited numbers.

Retain for Four Years: Texas recommends retaining these marketing records for at least four years. By keeping a long archive of consent forms, opt-out logs, and no-call list checks, you’ll be prepared to demonstrate your compliance if any issues arise later. Good recordkeeping can be a lifesaver in defending against complaints – it’s your proof that you followed the rules.

Understand the Penalties for Violations

Hefty Fines per Text: Non-compliance can cost you dearly. Each unauthorized text or rule violation can lead to $500 up to $5,000 in penalties per message. If regulators or courts find you willfully ignored the law, the fines can be increased (e.g. tripled for intentional violations). This means a texting campaign that breaks the rules could rack up thousands of dollars in fines for each consumer contacted, very quickly.

Lawsuits by Consumers: Texas’s law lets consumers sue directly if they receive illegal texts. They don’t have to complain to an agency first – they can go straight to court. In a lawsuit, consumers can demand the monetary penalties mentioned above, and they can also recover things like their attorneys’ fees and even damages for emotional distress in egregious cases. Importantly, one person can sue you for each violation – if you keep texting them unlawfully, each text could be a separate lawsuit. This opens the door to serial lawsuits or class actions, so one mistake (if repeated) can multiply your legal trouble.

Enforcement by Authorities: In addition to private lawsuits, Texas authorities can enforce the law. The Texas Attorney General’s office can seek civil penalties of up to $5,000 per violation in court, and can also get injunctions to stop your texts and collect fees. The Texas Public Utility Commission can issue fines as well (up to $1,000 per violation). For flagrant abuses – for example, knowingly sending texts without registering as required – there’s even a possibility of criminal prosecution (Class A misdemeanor). In short, ignoring the law can result in costly fines, lawsuits, and even criminal charges, so it’s far better to invest in compliance up front.

Bottom Line for Contractors

Get consent, stick to the rules, and document everything. By obtaining written permission, respecting texting hours, providing opt-outs, scrubbing no-call lists, registering if needed, and keeping good records, you can engage in text message marketing safely and legally under Texas law. The new Texas “mini-TCPA” rules are strict, but with these precautions you can reach customers while staying compliant and avoiding the steep penalties for violations. Remember: when in doubt, err on the side of permission and transparency – it’s not just good practice, it’s the law in Texas. (If you’re ever unsure, consulting a legal advisor can help ensure your texting program is on the right track.)