On September 1, 2025, Texas Senate Bill 140 (“SB 140”) expanded the state’s telemarketing law to cover text messaging under Chapter 302 of the Texas Business & Commerce Code. Previously, these rules primarily applied to telephone calls, but SB 140 was designed to include unwanted or “spam” text messages. Critical to businesses that use text messaging for marketing purposes, SB 140’s broad language appears to expose such businesses to burdensome registration and bonding requirements, even if the businesses limit their marketing texts to consumers who have opted in voluntarily. This uncertainty prompted a same-day legal challenge in federal court, filed by Flux Footwear, Postscript, and the Ecommerce Innovation Alliance (EIA).
