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Texas Gov. Greg Abbott signed S.B. 140 into law earlier this year, adding changes to Texas' telemarketing law—known as Texas' “mini TCPA,” Tex. Bus. & Com. Code § 301.001 et seq. These changes took effect on Sept. 1, 2025, and may raise heightened compliance concerns for businesses engaged in telephone soliciting or telemarketing in Texas or to Texas residents.
The S.B. 140 amendments include several key changes.
Expands ‘Telephone Solicitation'
The S.B. 140 amendments expand the definition of “telephone solicitation” in the registration provisions of the mini TCPA (Chapter 302) to include not just voice calls but now text messages, graphic messages, or transmissions of images. Businesses using SMS, MMS, or other visual media campaigns to facilitate purchasing, renting, claiming, or receiving any items must now register with the Texas secretary of state unless they are eligible for one of the exemptions under that law, including but not limited to the following: publicly traded companies; companies regulated by the Public Utility Commission of Texas or other similar bodies (FCC, etc.); sellers of negative option plans; insurance sales; financial institutions; commodities sellers regulated by CFTC; sellers of media subscriptions; educational and nonprofit organizations; sellers of food; certain companies calling/texting only existing or past “customers” (without time limitation); and established brick and mortar stores making the majority of sales at those stores.
Certain Mini-TCPA Violations Now Actionable under DTPA
The S.B. 140 amendments now allow violations of the mini TCPA's do-not-call provisions (Chapter 304) and automatic dial announcing device provisions (Chapter 305) to be pursued under the Deceptive Trade Practices Act (DTPA), Tex. Bus. & Com. Code § 17.41 et seq. Tying violations of the mini TCPA into the DTPA is significant for several reasons, including: (1) allowing private parties to avoid procedural hurdles for asserting violations of the mini TCPA's do-not-call provisions; and (2) allowing heightened damage recoveries under the DTPA (such as economic and mental anguish damages, and potential trebling of these damages) in lieu of the actual or statutory damages the mini TCPA's do-not-call and automatic dial announcing device provisions afford.
Encouraging Suits for Repeated Violations
The S.B. 140 amendments also enable plaintiffs in private actions to obtain recoveries for repeated violations of the mini TCPA's registration provisions (Chapter 302), do-not-call provisions (Chapter 304), and automatic dial announcing device provisions (Chapter 305). These amendments may encourage serial TCPA plaintiffs to file more of these cases—and as discussed above, seek higher damages than before the S.B. 140 amendments.
Businesses engaged in telephone soliciting or telemarketing in Texas or to Texas residents should be aware of S.B. 140's new requirements, the interplay of these amendments with existing requirements and exemptions, and consider reviewing their compliance programs and making any necessary adjustments to avoid the heightened risks contemplated by these amendments.
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