Starting September 1, 2025, SMS marketers targeting Texas must comply with new legal requirements.
Update – October 2, 2025: The Texas Attorney General has clarified that SMS messages sent with prior consent are not covered by SB140.
See the latest update here
Texas has passed Senate Bill 140 (SB140), officially extending the state’s “telephone solicitation” rules to include SMS marketing. This change may require your business to register as a telemarketer with the Texas Secretary of State — especially if you’re sending to Texas-based phone numbers or operating out of Texas.
What’s included in this update:
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New legal requirement for SMS marketing under Texas Business and Commerce Code §302
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Mandatory registration for many businesses by September 1, 2025
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Potential fines of up to $5,000 per unauthorized message sent
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Exemptions available for nonprofits, restaurants, and long-standing retail businesses (with conditions)
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Tools in Recart to help you locate your business address and sending number for verification
This update does not change Recart’s opt-in or message-sending processes — we remain fully TCPA-compliant. However, business registration requirements like SB140 are your legal responsibility as the sender.
📘 Read the full article on SB140 compliance and registration requirements
Need support? Reach out to us at support@recart.com — while we can’t give legal advice, we’re here to help you understand your Recart setup and ensure your flows stay compliant.
Last updated: August 2025