Texas SB 140 compliance features

This guide shows how Bloomreach Engagement helps you follow Texas Senate Bill 140 rules while running effective SMS and MMS campaigns.

What is changing

Previously, Texas telemarketing laws under the Texas Business and Commerce Code applied only to voice calls. With SB 140, the law now covers text messages (SMS/MMS) and other electronic solicitations. If you send marketing texts to Texas residents—or if your business is located in Texas and sends marketing texts—you may be required to register with the Texas Secretary of State and follow new compliance requirements. These changes take effect on September 1, 2025.

What is Texas SB 140 compliance support

Texas Senate Bill 140 (SB 140) becomes effective on September 1, 2025. This new law allows Texas residents to sue your business directly if your organization violates texting and calling restrictions. They don't need to file a government complaint first.

You can find complete legal details here:

• Texas SB 140 Final Bill Text
• Texas Business & Commerce Code Chapter 302 for registration rules

Each violation costs between $500 and $5,000. This makes compliance tools essential for any business texting Texas customers.

Bloomreach Engagement has built-in tools to help you stay compliant. These tools track customer permissions automatically and check phone numbers for potential problems. When customers want to unsubscribe, the system handles it instantly. All of these actions are recorded with detailed timestamps. The tools work quietly in the background and protect your campaigns and business.

Texas SB 140 compliance benefits

• Keep your campaigns compliant automatically: Built-in safety checks keep your campaigns on track. You don't need to do any extra work. The system handles compliance for you.

• Manage your legal risk: Complete permission tracking can protect you from potential lawsuits. When customers unsubscribe, the system processes it instantly. This dual protection helps you ensure your compliance.

• Keep complete records for proof: Every customer's permission gets saved with exact timestamps. Every campaign message gets logged, too. When you need to prove compliance, you have all the documentation ready.

• Save valuable time and effort: Your team can focus on creating great campaigns instead of manually managing compliance. You don't have to worry about tracking rules manually.

• Process instantly: Phone number checking happens right when you need it. Unsubscribe processing works instantly, too. This immediate action helps stop rule violations before they can happen.

Compliance use cases

• Online stores and ecommerce: Online retailers can send product updates and sale notices to Texas customers. The system automatically checks customer consent before sending. It also respects quiet hours, so messages arrive at appropriate times.

• Service appointments and bookings: Doctors, salons, and service businesses can send appointment confirmations safely. The system keeps compliant consent records for every customer. When someone opts out, it handles the request immediately without any manual work.

• Restaurant chains and local marketing: Restaurant chains can send location-specific offers and menu updates. Each message automatically respects local time zones across different areas. The system also maintains proper consent records for every location.

• Banks and financial services: Banks can send account updates and promotional offers to customers. They can meet strict consent requirements while keeping detailed compliance records. This helps financial institutions avoid regulatory problems.

How Texas SB 140 compliance features work

Customer permission tracking

What it does: Automatically tracks and records when customers give you permission to text them. This includes timestamps, the type of consent provided, the method of customer identification, and expiration dates.

How it helps you comply: SB 140 requires clear, provable consent to contact Texas residents. Bloomreach Engagement securely stores these records, making it easy to prove compliance instantly if needed.

You can collect consent through automated workflows, CSV file uploads, or system integrations. All events are searchable and exportable via dashboards.

Setup resources:

• Consent management overview and setup
• Tracking consent events and structure
• Managing consent categories

Phone number validation

What it does: The system performs periodic automated checks on phone numbers to identify risks. This includes disconnected numbers, numbers recently reassigned to new owners, and numbers from high-risk litigious individuals.

How it helps you comply: Prevents sending to numbers that could raise red flags under SB 140. This reduces the chance of accidental rule violations or lawsuits.

Setup resources:

• TCPA list validation setup
• SMS campaigns and number validation

Real-time unsubscribe processing

What it does: When customers text "STOP" or "UNSUBSCRIBE," Bloomreach Engagement instantly opts them out, sends a confirmation message, and updates records with timestamps.

How it helps you comply: Ensures unsubscribe requests are honored immediately. This is a critical SB 140 requirement and best practice to avoid fines or lawsuits.

Setup resources:

• Two-way messaging
• Keyword auto responses
• Consent management for opt-outs

Quiet hours and time zone management

What it does: Lets you define company-wide quiet hours that prohibit messages during specific times (like 9 PM to 8 AM). These hours are applied globally based on a selected time zone. To implement true local time zone quiet hours, you can configure custom scenarios.

How it helps you comply: Ensures no messages are sent outside legal hours. This reduces the risk of consumer complaints and meets SB 140's local-time contact requirements.

Setup resources:

• Campaigns' silent hours configuration

Comprehensive recordkeeping

What it does: Logs every campaign and compliance event, including customer consent events, message send logs, every unsubscribe action, and system responses to opt-out requests.

How it helps you comply: Provides a transparent audit trail that can be used for legal defense or regulatory investigations. Records are available through dashboards and can be exported for official documentation.

Setup resources:

• SMS evaluation dashboard
• System events and campaign tracking
• Customer consent API

Self-service compliance settings

What it does: Most features like consent management, quiet hours, and validation options can be configured directly in your Bloomreach Engagement dashboard under SMS settings.

How it helps you comply: Makes it easy for admins to update and control compliance parameters without custom work or external intervention.

Setup resources:

• Project settings for compliance
• SMS sign-up units for consent collection
• TCPA and CTIA compliance best practices

Access compliance features

For new customers getting started

Contact your sales rep to include Texas SB 140 compliance features in your account setup. These features come with Bloomreach Engagement's SMS and MMS capabilities.

For existing customers using our platform

Compliance features are already in your Bloomreach Engagement account. Contact your Customer Success Manager for help with setup. They can review your current compliance setup. They'll help you turn on extra validation features. You can set up quiet hours and time zone settings together. They'll also help you create consent tracking workflows.

Self-service setup for independent users

You can access compliance settings through your Bloomreach Engagement dashboard. Look under the SMS settings and consent management sections. Most features can be set up by account administrators without extra support.

Telemarketer registration: Who must register and how to comply

Who must register

Businesses that place telemarketing calls or send marketing texts to Texas residents generally must register with the Texas Secretary of State. Exemptions include:

• Certain publicly traded companies and subsidiaries
• Certain financial institutions
• Educational institutions
• 501(c)(3) nonprofits
• Businesses marketing the sale of food
• Retail sellers with brick-and-mortar locations operating under the same name for at least 2 years, with most sales occurring in-store.
• Businesses contacting current or former customers if operating under the same business name for at least 2 years.

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Important

Always review the law text and consult with your Legal team to confirm if an exemption applies.

How to register

• Complete the Texas telemarketer registration form with the Secretary of State.
• Pay the $200 annual application fee.
• Post a $10,000 security deposit via a surety bond, letter of credit, or certificate of deposit (most brands choose a surety bond for a lower upfront cost).
• Renew registration annually and submit quarterly activity reports as required.

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Important

Registration is only valid once the Secretary of State issues the certificate—not when you submit the application.

Limitations

• Legal advice note: These features help support your Texas compliance efforts. Bloomreach doesn’t guarantee full compliance with all laws. Your business must still comply with all applicable legal requirements. Talk with lawyers for advice about your specific situation.

• Registration requirements: Bloomreach doesn't handle Texas telemarketer registration for you. You must complete this registration process yourself. This includes paying the $200 yearly fee. You must also file quarterly reports as required by law. See Texas Business and Commerce Code Chapter 302 for complete details.

• Permission form checking: Our platform tracks all permission events. But it doesn't check that your permission forms meet specific Texas SB 140 format requirements. Work with your legal team to make sure your permission language follows the new law. For detailed requirements, check FCC TCPA Rules – Consent Requirements for federal guidelines. You can also consult legal experts like Blank Rome LLP for SB 140 guidance.

• Multiple state rules: These features focus mainly on Texas requirements. If you operate in multiple states with different messaging rules, you may need extra compliance steps beyond what these features cover.

• Third-party platforms: Our compliance protections apply to messages sent through Bloomreach Engagement. If you use other messaging platforms, you must make sure those systems also meet Texas SB 140 requirements.

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Important

Bloomreach provides tools to support your compliance efforts, but doesn't offer legal advice or guarantee full compliance. You are responsible for ensuring that your marketing practices comply with all applicable laws. Always consult your internal Legal team or external counsel for guidance.