Texas AG says opt-in text programs are outside SB 140 registration rules
A Nov. 14 report says Texas officials told a federal court they do not read SB 140 to cover consent-based text marketing programs, leading the parties to seek dismissal of the case without prejudice.
The Texas attorney general has said consent-based text message programs are not covered by SB 140’s registration and disclosure requirements, according to a Nov. 14 report that also says a related federal lawsuit was dismissed without prejudice after the parties jointly asked to end the case.
The reported position gives companies that use opt-in texting a clearer view of Texas registration rules. It does not change the broader reach of SB 140, which the report says expanded the state’s telephone solicitation law to cover text messages and similar electronic communications and created a direct private right of action under the Texas Deceptive Trade Practices Act.
What happened
According to the report, Texas SB 140 took effect on Sept. 1, 2025. The law expanded the state’s telephone solicitation statute to include text messages and other electronic communications. The article says it also added a direct private right of action under the Texas Deceptive Trade Practices Act, which can expose companies to treble damages, mental-anguish damages and attorney’s fees.
The same report says a Western District of Texas case was brought by Ecommerce Marketers Alliance, doing business as Ecommerce Innovation Alliance; Flux Footwear; and Stodge, doing business as Postscript, against the State of Texas. The plaintiffs filed their complaint and sought preliminary relief in early September, according to the article.
Why it matters
The dispute centered on whether SB 140’s registration and disclosure regime applies to consent-based text marketing programs, meaning programs that send messages only to consumers who have affirmatively opted in. The report says the state told the court it does not interpret SB 140 or the related registration provisions to apply to those programs.
That position matters for brands and vendors that rely on opt-in SMS marketing in Texas. The article says the clarification gives those programs needed certainty on registration and disclosure, while SB 140 still raises risk by expanding covered communications and allowing direct DTPA claims.
Background
SB 140 is described in the report as an expansion of Texas’s telephone solicitation statute. The law’s inclusion of text messages puts SMS marketing under a framework that had focused more on traditional solicitation channels.
The article does not provide a case number or the exact wording of any court order. It says only that the case was dismissed without prejudice, and that each side would bear its own costs.
What officials said
The report does not quote the attorney general directly. It says the state’s position was that SB 140 and the relevant registration provisions do not apply to consent-based programs.
Based on that position, the parties jointly moved to dismiss the case without prejudice, according to the article.
What happens next
The reported dismissal leaves the state’s interpretation in place for the case at issue. The article says companies using opt-in texting now have clarity on Texas registration and disclosure requirements, but should still account for SB 140’s broader coverage of text-based outreach and the direct DTPA exposure described in the report.
Sources
Editorial note: This article was prepared with AI assistance and includes source attribution for reader review.
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