Texas Text Registration Laws + Levitate

What's new?

Effective September 1, 2025, Texas enacted Senate Bill 140, which amended the state’s telemarketing statutes to explicitly include SMS, MMS, and certain electronic/text-based solicitations under the same regulations as telemarketing calls.

The law applies to any business or organization that sends marketing texts into Texas, even if the sender is located outside of Texas.

What's required?

Businesses and organizations must register as a telephone solicitor with the Texas Secretary of State using Form 3401, pay a $200 fee, and post a $10,000 security. The registration must be renewed annually.

What are the stipulations?

Marketing texts may not be sent outside of certain hours: generally 9AM to 9PM Texas local time, Monday through Saturday. On Sunday, texts may not be sent before noon or after 9PM Texas local time. Businesses and organizations must have clear, unambiguous prior expressed written consent for marketing texts. Consent cannot be a condition of purchase.

How is Levitate involved?

Levitate will not facilitate registration or payment to the Texas Secretary of State, but requirements for opting in with compliant language including 'STOP' and 'HELP' fall within the guidelines already required federally and by Levitate to text.