The article breaks down the Texas Telephone Solicitation Act (or "mini-TCPA"), which goes into effect September 1 and will significantly expand text message marketing regulations. This act will create new compliance obligations for certain businesses that are located in Texas or market to customers in the state.
The Texas Legislature has amended Chapter 302 of the Texas Business and Commerce Code to explicitly include text messages within the definition of "telephone solicitation," which includes any attempt to induce any person to purchase, rent, claim or receive an item. This represents a major expansion of the Act's scope beyond traditional telephone calls, reflecting the evolving landscape of digital marketing communications.
Under the updated law, certain businesses that send marketing text messages without registering face liability under the Texas Deceptive Trade Practices Act and substantial penalties of $5,000 per individual text message that individual plaintiffs may recover.
"Texas Mini-TCPA Expands to Include Text Messages," The Texas Lawbook, August 25, 2025
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