What’s Changing?
Texas has updated its telemarketing law (Chapter 302, Business & Commerce Code).
Previously, it applied only to voice calls.
Starting September 1, 2025, it also applies to text messages (SMS).
This means you may need to register your business with the Texas Secretary of State if you:
Send marketing texts to Texas residents, or
Are located in Texas and send marketing texts.
The amendments also make it easier for individuals to file lawsuits and collect damages for violations.
Who Does This Apply To?
The law applies to “sellers” and “telephone solicitors” sending marketing texts:
To Texas residents (no matter where your business is located)
From Texas (no matter where your recipients are located)
Examples:
A California agency sending SMS to Texas consumers → May be covered
A Texas agency sending SMS to California consumers → May be covered
A Texas agency sending SMS to Texas businesses → May be covered
Are There Any Exemptions?
Yes, but exemptions are limited. Examples include:
Publicly traded companies and subsidiaries
Certain financial institutions
Educational institutions
501(c)(3) nonprofits
Businesses marketing the sale of food
Retail sellers with a physical store (same name for 2+ years, majority of sales in-store)
Businesses contacting current or former customers (same business name for 2+ years)
⚠️ Exemptions are fact-specific. You must prove you qualify. Always consult legal counsel.
What If I’m Not Exempt?
If not exempt, you may need to:
Register with Texas (your information becomes public).
Pay a $200 application fee (renewable yearly).
Post a $10,000 security deposit (bond, irrevocable letter of credit, or certain certificates of deposit — see Section 302.107 of the law).
Follow disclosure rules and quiet hours restrictions.
👉 Registration is only valid once the Texas Secretary of State issues a certificate (not just when you apply).
What Are the Risks?
Non-compliance can result in:
Civil penalties up to $5,000 per violation
Treble damages under the Texas Deceptive Trade Practices Act (DTPA)
Attorney fees and costs for successful plaintiffs
More lawsuits (Texas now allows “serial” private actions, meaning one campaign can result in multiple lawsuits)
What Should I Do as a Progreda Customer?
Review your audience and location – Are you texting Texas residents or sending from Texas?
Segment your lists – If you’re outside Texas, you may choose to exclude Texas numbers.
Confirm consent – Keep proof of opt-ins for every contact.
Consult your attorney – Determine if an exemption applies or if you must register before Sept. 1, 2025.
What Is Progreda’s Role?
Progreda is the platform provider only.
You control who receives messages, what they say, and when they are sent.
You determine whether you qualify for an exemption.
👉 For legal purposes, you are the “seller” or “telemarketer.”
Takeaway: If you send SMS to Texas residents or from a Texas location, you are responsible for compliance with the law.
Resources
To Learn more about the changes, Click the link below.