A MoFo Privacy Minute Q&A: Amendments to Texas’s “Mini-TCPA”

This is “A MoFo Privacy Minute,” where we answer the questions our clients are asking us in sixty seconds or less.

Question: Amendments to Texas’s “Mini-TCPA” take effect on September 1, 2025. How will these changes impact my business’s telemarketing activities?

Answer: The amendments broaden the scope of Texas’s telemarketing law. Businesses will need to ensure compliance—namely the law’s registration requirement—not only for voice calls but also for text messages. In addition, the amendments broaden the law’s existing private rights of action, increasing the risk of litigation and potential damages for violations. We provide further details below.

Texas Governor Greg Abbott has signed into law SB140, a set of amendments to the state’s telemarketing statute that could significantly impact businesses engaging in marketing communications with Texas consumers. The changes take effect on September 1, 2025.

The existing law—often referred to as a “mini-TCPA”—already imposes several compliance requirements that should be familiar to businesses engaging in telemarketing. These obligations include registration with the Secretary of State, specific disclosure requirements, consent for autodialed communications, and honoring the state’s do-not-call list.

With just a few revisions, however, the new amendments expand these obligations and increase the potential consequences for non-compliance. Key changes include:

• Expanded Definitions to Include SMS: The amendments broaden the term “telephone solicitation”—which triggers the law’s registration requirements—to explicitly include text messages, not just voice calls. As a result, businesses engaging in SMS marketing must now register as telemarketers with the Texas Secretary of State, subject to certain exemptions.
• Private Right of Action: The amendments introduce a more robust private right of action under Texas’s Deceptive Trade Practices Act (DTPA) for violations of the law’s do-not-call and autodialer consent provisions. The DPTA allows consumers to recover attorneys’ fees and treble damages for intentional violations, as well as damages for “mental anguish.”
• While the current version of the Texas law includes a private right of action, consumers may pursue claims only after overcoming notable procedural hurdles. Specifically, for violations of the law’s do-not-call requirements:
• Aggrieved consumers must notify the telemarketer of the violation.
• Consumers must file a complaint with state regulators before initiating a suit.
• Consumers are not permitted to sue if state regulators initiate enforcement against the telemarketer.
• Additionally, damages under the existing scheme for violations of the law’s do-not-call and consent requirements are limited to statutorily prescribed amounts (ranging from $500 to $1,500 per violation).
  
  In contrast, under SB140, plaintiffs will face fewer procedural barriers and may pursue claims more freely and with greater potential recovery.
• Multiple Actions: The amendments clarify that a plaintiff’s recovery under the law’s private right of action does not preclude future claims. This language appears to permit serial lawsuits.

Fortunately, businesses already complying with other U.S. state and federal telemarketing laws are likely familiar with the rules governing text message marketing and aware of the risks posed by an active plaintiffs’ bar. However, businesses that previously assumed SMS campaigns fell outside the scope of certain requirements should now reevaluate their practices to ensure full compliance with the amended statute. Additionally, given the heightened litigation risk posed by the amendments, this is also an opportune moment for businesses to strengthen their broader telemarketing compliance efforts.