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In September 2025, Texas passed SB 140—a broad and ambiguous law that immediately raised red flags across the SMS marketing world. It expanded the definition of “telephone solicitation” in the Texas Business & Commerce Code to include not just calls, but also texts, images, and even graphics. For marketers running compliant, consent-based campaigns, the implication was alarming: would opt-in messaging now fall under new, restrictive rules?

Here’s the good news: so far, it doesn’t.

When the Ecommerce Innovation Alliance (EIA), Postscript, and Flux Footwear challenged SB 140 in court, the Texas Attorney General responded clearly: consented messages aren’t affected. The state’s position is that messages sent with permission don’t fall under the law’s enforcement. Why? Because SB 140’s new language is still tied to Chapter 304 of the Texas code, which specifically exempts messages sent with prior express consent. If your customer opted in, you’re in the clear.

What E‑Commerce Marketers Need to Know

Your SMS program isn’t under threat—if you're doing it right.
If you're running a compliant, opt-in SMS or MMS program, this legal clarification reinforces what we’ve always known: permission-based marketing isn’t the problem—spam is. As long as you're obtaining clear consent, and offering easy opt-outs, you're operating well within the safe zone, even in Texas.

Stay alert, not alarmed.
This is a developing case. The EIA and its partners are seeking a formal injunction and challenging the constitutionality of the law as applied to SMS. But the state’s interpretation sets a strong precedent, and for now, it’s business as usual.

Bottom Line

This moment highlights why smart, strategic SMS marketing matters more than ever. If you’re building your list the right way—permission-first, privacy-forward—SB 140 doesn’t change your roadmap. It simply reinforces the value of building airtight SMS programs that stand up to scrutiny.