New Texas Law: August 29, 2025


Subject: New Texas Law on Marketing Text Messages ~ What You Need to Know ~

 


Starting September 1, 2025, Texas is updating its laws to include marketing text messages under the Texas Business and Commerce Code, which previously only covered phone calls.

If your business sends marketing texts to Texas residents, or you're based in Texas, you may need to register with the Texas Secretary of State.

 Make sure to review the updated law to see if it applies to your business: 



Who’s Exempt from Registering?


Some businesses don’t need to register under the new Texas law. Exemptions include (but aren't limited to): 

  • Retail stores with physical locations that have used the same name for 2+ years, with most sales made in-store
  • Businesses reaching out to current or past customers, if they've used the same name for 2+ years
  • Publicly traded companies and their subsidiaries
  • Financial institutions
  • Schools and educational institutions
  • 501(c)(3) nonprofits
  • Businesses promoting food sales
  • Businesses marketing on behalf of any of the above exempt groups


You should review the exact legal language to confirm if your business qualifies for an exemption.


How Do I Register?


To register with the Texas Secretary of State, you’ll need to: 


You’ll also need to provide a $10,000 security deposit, which can be done in one of these ways: 

  • Surety Bond (most common option – you pay a small yearly fee instead of putting up the full $10,000)
  • Certificate of Deposit or Letter of Credit (you show you have the full amount)


Your registration is not valid until you receive a registration certificate from the Secretary of State.

More details about the security deposit options are in Section 302.107 of the law.


Next Steps & What You Need to Know: Does Your Business Need to Register?


If you send marketing texts and think this law might apply to you, talk to a legal expert. You can also reach out to the Texas Secretary of State for help.


What Happens If You Don’t Register?


Texas has updated its law to give consumers the right to sue businesses directly—without filing a complaint first.


Violations can include things like: 

  • Not registering
  • Texting outside allowed hours
  • Ignoring opt-out requests
  • Messaging people on the Texas Do-Not-Call list



Penalties can be serious: 

  • Immediate lawsuits
  • Up to 3x actual damages
  • Attorney fees
  • Fines up to $5,000 per violation
  • Possible criminal charges (Class A misdemeanor)
  • Multiple lawsuits allowed—even from the same person



How to Stay Compliant


If the law applies to you, here are key steps to follow: 

  • Follow federal laws (like the TCPA)
  • Segment your list to identify Texas residents
  • Get clear written consent before sending marketing texts
  • Keep records of when and how you got consent
  • Use clear opt-in language (e.g., message frequency, "Reply STOP to cancel")
  • Use double opt-in (like asking new users to reply "YES")
  • Honor opt-outs immediately
  • Text only during allowed hours: 
    • Weekdays/Saturdays: 9 a.m. – 9 p.m.
    • Sundays: 12 p.m. – 9 p.m.
  • Don’t text numbers on the Texas Do-Not-Call list
  • Check vendor contracts to make sure they follow the law
  • Train your team on the new rules
  • Keep documentation of everything in case of complaints



Of course, should you have any additional concerns, please contact our support team by phone or e-mail at support@ivisionmobile.com.