We know all this talk about new Texas SMS regulations can feel overwhelming, but it doesn’t have to be. Here’s a breakdown of SB 140, which takes effect on September 1, 2025, and how it impacts brands using P2P texting (like LiveRecover).
Texts Now Count as Telemarketing
Texas has expanded the definition of “telephone solicitation” to include SMS, MMS, and RCS. That means your peer-to-peer outreach is treated the same as a sales call. If you don’t follow the rules, violations could be considered deceptive trade practices and open your brand up to lawsuits.
Do You Need to Register in Texas?
If you’re sending marketing texts from Texas or to Texas residents, you may now need to register as a “seller” with the Texas Secretary of State.
That involves:
- File Form 3401 with the Texas Secretary of State
- Pay a $200 annual filing fee
- A $10,000 bond, certificate of deposit, or letter of credit
- Submitting quarterly lists of sales reps
- Appoint the Secretary of State as your registered agent through Form 3406
- File quarterly reports and renew annually
We know this is a lot. That’s why LiveRecover is automatically excluding Texas customers from your outreach while we work on long-term solutions.
What Your Texts Must Include
Marketing texts now require added transparency, such as:
- Your business address
- Clear terms around “free” offers
- Details on product availability
Our live agents already take a personalized, conversational approach, so adding these details can be done without disrupting the customer experience.
Who Doesn’t Need to Register
Some businesses are exempt, including:
- Publicly traded companies
- Brands selling food products
- Companies that have been serving the same customers under the same name for 2+ years
- Retailers with physical stores that have been open under the same name for 2+ years
Important clarification: A brand is allowed to message contacts with a previous purchase.
If you don’t fall into these categories, it’s worth confirming your status with legal counsel before texting Texas customers.
When You Can and Can’t Text (Quiet Hours)
SB 140 also enforces strict quiet hours:
- Mon–Sat: No texts between 9 p.m. and 9 a.m.
- Sunday: Only between 12 p.m. and 9 p.m.
LiveRecover already builds quiet hours into outreach, but this is a good reminder to check your settings, especially for Texas time zones.
How LiveRecover Keeps You Covered
Our goal is to make this a growth moment, not a setback. Here’s what we’re doing:
- Automatic exclusions: We’re temporarily removing Texas contacts from outreach until compliance pathways are clear.
- Consent matters: LiveRecover only texts opted-in customers, which already aligns with the new law.
Ongoing updates: We’ll keep you posted as we work with legal experts on long-term compliance solutions.
If you want to explore registration or even financing options for fees, we’re here to help. Just reach out and we’ll walk through your options together.
Take Action
If you’d like to support industry-wide efforts challenging SB 140, you can make your voice heard:
👉 Sign our petition to protect Texas small businesses and their customers.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult your legal team to confirm how SB 140 applies to your business.
