Texas announces new mini-TCPA amendments

On September 1, 2025, significant amendments to the Texas mini-TCPA statute, Texas Business & Commerce Code (TBCC), will take effect, following the passage of Senate Bill 140 (SB140). These changes introduce new compliance responsibilities for businesses that engage in outbound communications with Texas consumers and reflect a broader trend of expanding state-level telemarketing enforcement.

Among the key updates are a newly established private right of action under the Texas Deceptive Trade Practices Act (DTPA), expanded definitions of regulated communications, and increased penalties for violations. For organizations operating in or contacting individuals in Texas, it’s essential to understand these changes and assess potential risk exposure.

Understanding the SB140 Amendments

SB140 enhances existing telemarketing laws in several meaningful ways:

• Private right of action: Texas consumers will now have the ability to pursue civil claims directly under the DTPA for violations of certain telemarketing rules, including those related to consent, registration, and call timing.
• Expanded definitions: The term “telephone solicitation” has been broadened to include not only voice calls but also text messages, images, graphic messages, and other forms of electronic communication.
• Technology scope: The law now captures a wider range of automated dialing systems, including those that store and call numbers using random or sequential number generators, even in the absence of a live agent.
• Higher penalty exposure: Statutory damages under the DTPA range from $500 to $5,000 per violation, with the possibility of treble damages for willful or knowing misconduct. There is no cap on repeat violations.

Why it matters

The amendments to SB140 reflect a growing trend among states to adopt more expansive telemarketing restrictions and open the door to more private litigation. Importantly, federal TCPA compliance may not be sufficient to avoid liability under Texas law.

Even businesses with robust compliance programs should reevaluate their practices under these updated standards. Some of the more notable changes include:

• Registration requirements: Telemarketers must register with the Texas Public Utility Commission. Failure to do so can result in penalties of $5,000 per violation.
• Scope of regulated outreach: Calls, texts, image messages, and similar outreach are now clearly subject to state regulation.
• Repeat actions allowed: SB140 confirms that consumers may bring multiple suits for multiple violations, which could encourage serial litigation in some cases.
• Timing restrictions: Communications must occur within the permitted hours of 9 AM–9 PM Monday through Saturday, and 12 PM–9 PM on Sundays.

Key takeaways for businesses

To prepare for the new law, organizations should consider the following action steps:

• Review your communication channels – Verify that all forms of outreach, including SMS and MMS, meet Texas’s requirements.
• Verify telemarketer registration – Confirm that your business is properly registered before initiating calls or messages to Texas residents.
• Audit automated systems – Determine whether your dialing or outreach technology falls under the state’s updated definition of an ADAD.
• Monitor call timing and opt-out compliance – Adherence to time-of-day restrictions and prompt honoring of opt-out requests is essential.
• Educate internal teams – Provide training and clear guidance to staff and partners on Texas-specific rules and risks.

Final thoughts

While SB140 represents a significant shift in Texas telemarketing law, it also provides an opportunity for businesses to strengthen their compliance frameworks. As enforcement tools become more powerful and accessible to consumers, proactive risk management is more important than ever.

For businesses that rely on outbound calling or messaging as part of their growth strategy, now is the time to reassess and reinforce compliance protocols. Working with experienced TCPA counsel and leveraging tools like ActiveProspect’s TrustedForm to document and analyze your consent to contact disclosures and records may help reduce your legal and compliance exposure.

DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.