Texas SB140 amendments

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Texas SB140 amendments: What you need to know for SMS and MMS solicitations

Introduction

Beginning September 1, 2025, the state of Texas will enforce Senate Bill 140 (SB140), which introduces new regulations for SMS and MMS solicitations. This legislation significantly impacts how businesses communicate with consumers through text messaging and other media. It is essential for businesses to understand these changes to avoid penalties and ensure compliant marketing practices. This article outlines the implications of SB140 for SMS and MMS messages, including registration requirements and compliance considerations.

How to Access This Feature

ActiveCampaign users interested in understanding the implications of Texas SB140 for their SMS and MMS messaging strategies should refer closely to this article, ensuring they remain in compliance with new legal requirements. For assistance with SMS features, check the available settings in your ActiveCampaign account and consult with your legal counsel for specific questions regarding compliance.

Step-by-Step Instructions

To ensure compliance with the new SB140 requirements, businesses must take the following steps:

1. **Consult with Legal Counsel**: Before interpreting the SB140 amendments and their applicability to your business, it's imperative to consult with legal experts familiar with Texas law.
2. **Determine Registration Needs**: If your business sends SMS or MMS messages to Texas residents or operates from Texas, you must register with the Texas Secretary of State as a "Solicitor."
3. **Complete Registration**:

  - Fill out the required **Telephone Solicitation Registration Statement**.
  - Pay the **$200 application fee** and a **$10,000 security deposit**, with acceptable forms including a bond, irrevocable letter of credit, or certain certificates of deposit.
  - **Renew registration annually** to avoid penalties.

1. **Review FAQs**: Familiarize yourself with the **FAQs published by the Texas Secretary of State** to understand the new registration requirements.
2. **Assess Exemptions**: Determine if your business qualifies for any exemptions concerning registration (e.g., communicating with current customers or operating as a nonprofit).

Configuration Options and Settings

To fully comply with SB140, businesses must consider the following elements:

• **Registration**: Completion of the registration process with the Texas Secretary of State is mandatory.
• **Quiet Hours**: Ensure compliance with sending restrictions. Messages cannot be sent before **9 a.m. or after 9 p.m.** Monday through Saturday, and before **12 noon** or after 9 p.m. on Sundays.
• **Consent Management**: Keep records of the **consent** obtained from contacts to send SMS and MMS messages.
• **Opt-Out Requests**: Be prepared to immediately process any **opt-out requests** received from recipients.

Best Practices and Tips

To effectively navigate the changes introduced by SB140, consider implementing these best practices:

• **Stay Informed**: Regularly review updates from the Texas Secretary of State regarding compliance and registration changes.
• **Maintain Accurate Records**: Keep detailed records of consent and opt-out requests, ensuring they are easily accessible.
• **Implement Automated Tools**: Use ActiveCampaign features, like automatic opt-out management, to streamline compliance processes.
• **Engage Clients Responsibly**: Focus on permitted communications, particularly with current or former customers or through exempt entities (e.g., nonprofits, educational institutions).

Common Use Cases with Examples

- **Example 1**: A retail company sending promotional SMS messages to its existing customers. As they fall under the exemption category, they are exempted from registration. - **Example 2**: A financial institution sending reminders to clients must register to avoid fines, as the institution does not fall under any exemption.

Troubleshooting Section

If you encounter challenges complying with the SB140 amendments, consider the following steps:

• **Legal Consultation**: Contact your legal advisor if there is confusion regarding registration requirements or compliance obligations.
• **Technical Support**: If problems arise within ActiveCampaign when managing SMS or MMS functionalities, visit the help center for guidance or connect with ActiveCampaign support.

Related Features Section

ActiveCampaign provides several features that assist in SMS and MMS compliance, including:

• Automatic opt-out management
• Consent tracking with timestamps
• Message delivery reports
• Contact segmentation
• SMS Quiet Hours

These tools are designed to help ensure that your marketing efforts adhere to the applicable regulations.

FAQ Section

Q1: What is SB140? A1: SB140 broadens the definition of "telephone solicitation" to include SMS and MMS messages, subjecting them to the Texas Deceptive Trade Practices Act.

Q2: When does SB140 go into effect? A2: The new regulations will take effect on September 1, 2025.

Q3: Who is required to register under SB140? A3: Any business sending SMS or MMS messages to Texas residents or operating from Texas locations must register unless exempt.

Q4: What are the penalties for noncompliance? A4: Noncompliance may result in fines and civil litigation against the business.

Q5: Are there any exemptions to the registration requirement? A5: Yes, exemptions include communications with current or former customers and messaging on behalf of educational or certain nonprofit institutions.

Q6: What are the operational hours for sending messages? A6: Messages should not be sent before 9 a.m. or after 9 p.m. on weekdays and before 12 noon or after 9 p.m. on Sundays.

Q7: Can ActiveCampaign assist with compliance? A7: Yes, ActiveCampaign offers features such as consent tracking and opt-out management to facilitate compliance with the relevant laws.

This comprehensive approach ensures that businesses using ActiveCampaign can effectively navigate the requirements imposed by Texas SB140 amendments while maintaining compliance in their SMS and MMS communications.