Texas law regulates certain unsolicited marketing text messages. Changes introduced through Senate Bill 140 expanded the state's definition of telephone solicitation, making text-based promotional communications an important part of telemarketing compliance.
How Texas law addresses unwanted marketing texts
Marketing messages can reach consumers through several communication methods.
Businesses may promote products through telephone calls, recorded announcements, or text messages.
Although text messages differ from traditional voice calls, they can raise similar privacy concerns.
Consumers may receive repeated promotions from businesses they do not recognize.
Some messages include misleading offers or links intended to encourage immediate responses.
Texas addresses certain text-based solicitations through its Business and Commerce Code, alongside applicable federal requirements.
What Senate Bill 140 changed
Senate Bill 140 became effective September 1, 2025.
The legislation expanded the definition of telephone solicitation under Chapter 302.
The updated language includes certain transmissions containing text, graphics, or images when initiated to encourage a purchase or similar transaction.
This change matters because the legal definition of solicitation determines which business activities fall within particular statutory requirements.
The amendment does not mean every commercial text is unlawful.
Businesses may qualify for exemptions, and the role of consumer consent can affect whether a communication is permitted.
Some questions about how the expanded law applies remain subject to legal interpretation.
Local spotlight: Texas text marketing compliance
Texas businesses should examine how promotional messages are created, authorized, and delivered.
A consumer who voluntarily requests information may present a different situation from someone receiving unsolicited advertising.
The purpose of the message is also important.
An appointment reminder may have a different legal status from a text promoting an unrelated product.
Businesses should evaluate applicable registration rules, consent requirements, opt-out requests, and recordkeeping obligations.
Consumers should examine the same factors when deciding whether a message may violate the law.
When spam texts may support a legal claim
A text message may raise legal concerns when it violates federal TCPA requirements or applicable Texas statutes.
Section 305.053 provides a state cause of action for certain violations of federal telephone consumer protection rules.
Potential statutory damages under that provision begin at $500 for qualifying violations and may increase for knowing or intentional misconduct.
Other Texas consumer protection remedies may also apply in appropriate circumstances.
However, receiving an unwanted promotional message does not guarantee compensation.
The consumer must establish a legally recognized violation.
How to preserve unwanted text messages
Consumers should avoid deleting messages that may be relevant to a complaint.
Screenshots can preserve the message content, sender information, and timestamp.
Where possible, retain the original message thread.
If a consumer previously requested that the sender stop contacting them, preserve that request and any later messages.
It is also useful to document whether the consumer had previously provided a telephone number or agreed to marketing communications.
This information may help clarify whether valid consent existed.
Common questions around Texas spam text laws
Are unsolicited marketing texts illegal?
Some are. The answer depends on the message, sender, consent, exemptions, and applicable laws.
Does Texas regulate promotional images sent by text?
Yes. The expanded Chapter 302 definition can cover certain promotional transmissions containing text, graphics, or images.
Can someone sue over spam texts?
Potentially, when the messages satisfy the requirements of a statute providing a private remedy.
Should consumers reply to suspicious texts?
Consumers should be cautious about responding to unfamiliar senders or opening suspicious links.
