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.

What are mini TCPA laws?

Mini TCPA laws are state-level consumer protection laws that mirror or expand upon the federal Telephone Consumer Protection Act (TCPA).

What is mini-TCPA?

A mini-TCPA is a state law that governs telemarketing, text messaging, call frequency, consent requirements, and calling-hour restrictions—often with stricter rules than the federal TCPA. 

These laws give states the ability to enforce their own standards for consumer contact and impose penalties for violations.

Why mini TCPA laws matter

While the federal TCPA sets the baseline rules for calls and texts, mini-TCPA laws can create additional requirements, such as:

  • Stricter consent standards
  • Shorter calling windows (e.g., Florida’s 8 a.m.–8 p.m. rule)
  • Tighter restrictions for dialing systems
  • More expansive definitions of “telemarketing”
  • Presumptions of liability for marketing partners
  • Higher statutory damages

Examples include Florida’s FTSA, Oklahoma’s mini-TCPA, and similar bills emerging across multiple states.

The impact for businesses

If you contact consumers—especially across multiple states—you must comply with both the federal TCPA and the state’s mini-TCPA laws. These rules significantly affect how brands can run outbound marketing, buy third-party leads, and manage consent.

Because penalties often mirror or exceed federal TCPA fines, understanding state-specific requirements is essential to reducing legal and financial risk.

What is the Texas mini TCPA?

The Texas Business & Commerce Code § 305 (formerly § 302) is often called the Texas mini TCPA because it mirrors and expands the federal TCPA. It regulates telemarketing practices, consent requirements, caller identification, and consumer rights within Texas.

Key features of the Texas mini TCPA:

  • Requires prior express written consent for automated marketing calls/texts
  • Imposes strict rules on caller ID accuracy
  • Allows consumers to sue for $500–$1,500 per violation
  • Applies to any business contacting Texas residents, regardless of where the business is located

Texas law also prohibits:

  • Anonymous or misleading caller ID
  • Sending communications intended to defraud or mislead
  • Certain high-volume or automated calling practices

Understanding the Texas SB140 Amendments

SB140 enhances the Texas mini TCPA’s 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 Texas 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: The recent SB140 test indicates that telemarketers sending text messages to Texas must register with the Texas Public Utility Commission. Failure to do so can result in penalties of $5,000 per violation. However, according to a recent legal challenge settlement (November 2025) registration may not be needed if consumers have explicitly consented/opted-in to receive marketing sales text messages from the company (see litigation update below).
  • 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.

Litigation update: Settlement (potentially) narrows registration requirement risk for consented texting

Recent litigation developments have significantly affected how the amended Texas mini TCPA is interpreted and enforced—particularly for businesses texting Texas consumers with compliant consent.

The EIA constitutional challenge

On September 1, 2025, the E-Commerce Innovation Alliance (EIA) filed suit challenging the constitutionality of SB140’s expanded registration requirement, which appeared to require registration even for consent-based marketing texts.

In a notable shift, the State of Texas later clarified in court filings that texts sent with the recipient’s consent are not considered “telephone solicitations” requiring registration.

The settlement

On November 6, 2025, the State and EIA reached a settlement, resulting in:

  • State guidance: The Texas Secretary of State agreed to publish guidance confirming that businesses sending consent-based text messages are not required to register.
  • Attorney General opinion request: The Secretary of State also agreed to request a formal Attorney General opinion reinforcing this interpretation. While we expect this guidance to be issued soon, as of December 15, 2025, the AGs advisory opinion is not yet published.

What this means for businesses

  • Enforcement relief: The Texas Attorney General has indicated no immediate plans to pursue enforcement against businesses sending consent-based texts who do not register.
  • Stronger defense in private suits: Businesses now have some basis to defend against claims alleging company registration violations where valid consent exists.
  • Not binding on courts: While influential, the settlement does not legally bind courts—but it provides substantial protection and clarity for consented text outreach.

Important caution

While the registration issue for consent-based texting has been eased, Texas remains one of the most active TCPA venues, with over 450 combined federal and state cases filed in 2025.

The expanded private right of action under SB140 still exposes businesses to lawsuits involving:

  • DNC violations
  • Caller ID issues
  • Improper autodialing practices
  • Texts lacking proper consent

In other words: The registration question has some further clarity for now, but the litigation environment in Texas remains high-risk.

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, the recent settlement surrounding consent-based texts offers meaningful relief for compliant businesses. Still, the expanded private right of action and active litigation climate mean organizations must remain vigilant and 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.

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