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      Texas Expands SMS Marketing Laws: What You Need to Know (SB140)

      Effective Date: September 1, 2025. Applies To: Any business sending SMS marketing to Texas residents or operating from Texas

      What’s New?

      Texas has passed Senate Bill 140 (SB140), amending the Texas Business and Commerce Code §302 to include text messages under its “telephone solicitation” rules. This means SMS marketing is now regulated similarly to cold calls under Texas law.

      If your brand:

      • Sends SMS marketing messages to customers with Texas phone numbers, or
      • Is physically based in Texas,

      then you may now be required to register with the Texas Secretary of State before continuing to send these messages.

      What Do You Need to Do?

      If the law applies to you, the steps are:

      1. Register with the Texas Secretary of State
      2. Register Before: September 1, 2025
      3. Avoid Penalties: Noncompliance could lead to fines of up to $5,000 per unauthorized message sent to Texas residents.

      📌 While Recart provides compliant opt-in and message management tools,

      legal registration obligations like SB140 remain your responsibility as the sender

      Are There Any Exemptions?

      Yes. Some businesses are not required to register, such as:

      • Nonprofit organizations
      • Restaurants and food-related businesses
      • Retail businesses that have been operating under the same name for at least two years

      However, exemptions are not automatically granted — we recommend reviewing the law carefully or consulting a legal advisor.

      Key Resources

      Why This Matters for You

      As SMS regulations evolve, staying compliant ensures you avoid fines and protect your sender reputation. While Recart already handles TCPA-compliant opt-ins and includes built-in sender identification, state-specific regulations like SB140 require business-level action.

      We’re committed to helping you stay informed and avoid any disruptions to your SMS marketing.

      Need Support?

      While Recart cannot provide legal advice, we’re happy to help you understand how your Recart tools work alongside compliance efforts. For questions about the registration process, please contact the Texas Secretary of State directly.

      If you’re unsure how this may affect your current flows or subscriber list, reach out to us at support@recart.com — we’ll do our best to guide you.