Regular Session
Government Affairs & Regulatory Compliance Analysis
SB140 fundamentally alters Texas marketing law by legally equating text messages and image transmissions with voice calls, while simultaneously classifying violations as "false, misleading, or deceptive acts" under the Texas Deceptive Trade Practices Act (DTPA). This legislation exposes any business using SMS marketing or direct mail to treble damages and mandatory attorney’s fees, removing previous defenses regarding prior damage recovery.
Sen. Bob Hall·Senate Bill·Regular Session
Office of the Attorney General (Consumer Protection Division) • Private Plaintiffs (via Private Right of Action under DTPA)
This legislation has regulatory implications for the following Texas businesses and organizations:
Significant regulatory changes (effective 2025-09-01). Review with your legal and compliance teams to understand implications.
Affected business types:
highSignificant operational investment may be required.
JD Key Consulting provides government affairs and regulatory strategy services. We help businesses navigate Texas agencies, understand legislative impacts, and advocate for their interests.
JD Key Consulting provides strategic guidance on Texas regulatory compliance and legislative impact for your business.
Key implementation requirements and action items for compliance with this legislation
JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.
Schedule a ConsultationInformation presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
This bill's path through the Texas Legislature
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Common questions about SB140
SB140 fundamentally alters Texas marketing law by legally equating text messages and image transmissions with voice calls, while simultaneously classifying violations as "false, misleading, or deceptive acts" under the Texas Deceptive Trade Practices Act (DTPA). This legislation exposes any business using SMS marketing or direct mail to treble damages and mandatory attorney’s fees, removing previous defenses regarding prior damage recovery.
SB140 was authored by Texas Senator Bob Hall during the Regular Session.
SB140 was signed into law by Governor Greg Abbott on June 20, 2025.
SB140 is enforced by Office of the Attorney General (Consumer Protection Division) and Private Plaintiffs (via Private Right of Action under DTPA).
The regulatory priority for SB140 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.
The cost impact of SB140 is estimated as "high". This may vary based on industry and implementation requirements.
SB140 addresses topics including business & commerce, business & commerce--general, utilities, utilities--telecommunications and telephones & telephone directories.
Key dates for SB140: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.
SB140 establishes the following penalties: civil penalty of Treble damages (up to 3x economic damages + mental anguish) plus attorney's fees for Violations of Chapter 304 (Telemarketing) and Chapter 305 (Telemarketing by Mail) are now explicitly classified as false, misleading, or deceptive acts under the Deceptive Trade Practices Act (DTPA).; civil penalty of Variable (Statutory damages/Private Right of Action) for Sending unsolicited text messages or graphic/image transmissions, which are now legally defined as 'telephone solicitations' under Chapter 302.; procedural penalty of Unlimited sequential liability for Statute explicitly bars the defense that a claimant has already recovered damages in a prior action; multiple recoveries for violations are expressly permitted.. Consult with legal counsel for specific applicability to your situation.
SB140 primarily affects Texas businesses and commercial enterprises, utility companies and energy providers, telecommunications providers. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.
JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.
