Sending Texts to Customers? Read This First

Published 4 months ago • 1 min read

On September 1st, a new law went into effect in Texas that directly impacts any business sending text messages to Texas residents. If you use SMS as part of your marketing or client communications, here’s what you need to know:

If you are sending text or voice messages to any residents in Texas, you must register as a telemarketer with Texas’s Public Utilities Commission.

Businesses must register with the Texas Public Utilities Commission and renew annually ($200 fee) via this form: https://www.sos.state.tx.us/statdoc/forms/3401.pdf
A $10,000 security bond must be posted with the registration. We recommend contacting your business insurance agent for more information on your options.
You must designate the Texas Secretary of State as your agent for service of process (unless you already have a registered agent in Texas).
You must file a quarterly update listing each salesperson who solicited during that period.

The exception: If you are only sending texts to current or former customers, you may not be subject to these new rules.

Why it matters
Violations can be costly, with fines ranging from $500 to $5,000 per text message (and higher for intentional misconduct). These requirements are in addition to the federal TCPA rules, which already regulate SMS opt-ins and messaging practices.

Read our guide on using SMS and MMS in your marketing.

If this new law effects you, we recommend contacting your attorney before continuing any telemarketing in Texas.

To help navigate this new law, we are offering our Terms and Conditions of SMS and MMS for only $99 throughout September.

Stay protected,
Your Creative Law Shop® Team

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