# Texas Just Updated Its SMS Laws—Here’s What eCommerce Brands Need to Know

Texas has updated its mini-TCPA to regulate marketing text messages, with new requirements taking effect on September 1, 2025. If your brand texts Texas residents—or is based in Texas—you may need to register with the state, adjust quiet hour settings, and review your legal standing. In this post, we break down what’s changing, who’s affected, and the key steps eCommerce brands should take now to stay compliant.

Starting September 1, 2025, Texas will officially expand its “telephone solicitation” law to include text messages—and if your brand is texting customers in Texas (or is based there), this update may impact you in a big way. Both Attentive and Klaviyo—two of the biggest players in SMS marketing—have issued important compliance updates that brands should pay attention to. We’ve pulled together the highlights, implications, and next steps in one place so you can stay ahead of the curve.  The Big Picture Until now, the Texas Business & Commerce Code focused primarily on voice calls. But as of this September, the amended law will also cover text message marketing—with clear penalties and added responsibilities for senders. According to Attentive, one of the key changes is that the mini-TCPA now explicitly applies to text messages, with quiet hours and registration requirements for brands engaging in SMS outreach. Meanwhile, Klaviyo highlights that companies may need to register with the Texas Secretary of State if they are either sending marketing texts to Texas residents or located in Texas and sending marketing messages. The Texas “Disclosure and Consent for Telephone Solicitation Act” (HB 2517) applies to businesses sending marketing SMS/MMS to Texas phone numbers or sending from within Texas.
 What counts as marketing?
The law defines “telephone solicitation” as any unsolicited phone call or text message made to a residence for the purpose of soliciting a sale of a consumer good or service. This includes promotional campaigns, discounts, and cart reminders. Transactional or service-related texts may not fall under this definition, but you should confirm with legal counsel. What’s Changing 1. Text Messages Now Regulated Text messages are now included under Texas’s “telephone solicitation” rules, meaning your brand’s SMS marketing could be subject to fines and legal action if not compliant. 2. Mandatory Registration (with Financial Requirements) Brands may need to register with the Texas Public Utility Commission. Failing to register can result in $5,000 fines per violation. Registration requires: $200 application fee A $10,000 bond or security deposit (via Surety Bond, Letter of Credit, or Certificate of Deposit) Renewal every year You may request your deposit back (in writing) once you stop marketing to Texas and there are no active complaints or pending litigation. The state must return the deposit within 90 days of your request. Note: Registration is only valid once you receive the certificate—not when the application is submitted. More details on the registration process can be found on the Texas Secretary of State website. 3. Quiet Hours for SMS The law restricts message sends during certain hours—unless they’re in direct response to an express request or sent to someone with an existing business relationship (though these terms are still legally ambiguous). Attentive recommends that brands default to these quiet hour windows: No sends between 8 PM–12 PM ET daily No sends before 2 PM ET on Sundays 4. Exemptions May Apply Per Klaviyo’s legal summary, the following may qualify for exemptions: Publicly traded companies and their subsidiaries Certain financial institutions Educational institutions 501(c)(3) nonprofits Food marketers Brick-and-mortar retailers (2+ years under same name, majority in-store sales) Brands marketing to existing or former customers (operating under the same name for 2+ years) However, it’s strongly recommended you speak with legal counsel to determine your status. There is very little legal precedent clarifying how the exemptions apply. As such, the clearest path to compliance is registering, unless your legal team determines that an exemption applies to your specific sending practices. What Brands Should Do Now 1. Audit Your SMS Program Are you texting Texas residents? Are you based in Texas? If yes to either, continue to the next step. 2. Check for Exemptions Review the exemption list or speak with your legal team to determine if your brand qualifies. When in doubt, it’s safest to register. 3. Register with the Texas PUC If required, you can find the registration form here. You'll need to: Pay the $200 fee Secure and submit proof of a $10,000 bond or equivalent 4. Adjust Quiet Hour Settings in Your SMS Platform Whether you use Attentive, Klaviyo, or another provider, enable quiet hours to automatically suppress sends during restricted times. Exclude Texas recipients from SMS campaigns (not recommended)
Technically, you could try excluding Texas-based contacts using segmentation (e.g., filtering out area codes like 210, 214, 469, etc.). But: Area codes aren’t always reliable — people move or keep out-of-state numbers VoIP numbers may obscure actual location This method is not validated by Klaviyo or confirmed as legally sufficient Setup can be complex and error-prone without rigorous list hygiene If you're considering this path, consult with your legal team and know that Klaviyo cannot confirm it as compliant.

How to exclude Texas recipients (if you choose to) Create a segment that excludes phone numbers with Texas area codes (e.g., 210, 214, 254, 512, 682, 713, 737, 806, 817, 830, 832, 903, 915, 936, 940, 956, 972, 979) Use this segment for SMS campaigns For flows, use trigger or conditional filters that exclude these contacts or apply a custom profile property to flag and exclude them Again, this is not a compliance guarantee. 5. Educate Internal Teams Ensure anyone handling SMS outreach or retention marketing is aware of these changes. Avoid manual sends during restricted windows. Final Thoughts This update is another reminder that compliance and marketing now go hand in hand—especially as regulations around SMS and customer data continue to evolve. As Attentive shared in their announcement: “We anticipate an increase in litigation from plaintiffs attempting to take advantage of ambiguity in the law… in an abundance of caution, we recommend following our default Quiet Hours and consulting legal counsel.” And from Klaviyo: “It’s crucial for you to assess whether your business needs to register in Texas… We suggest talking to qualified legal counsel to understand what you need to do to comply before September 1, 2025.”   TL;DR Deadline: September 1, 2025 Text messages are now regulated under Texas law Follow quiet hour guidelines Register with the state if required Talk to legal counsel to confirm your status Need help navigating this or want expert support optimizing your SMS strategy? The Roswell team is here to help.

## Contact Information
Address: 225 Broadway Suite 3100, New York, NY 10007
Phone: 212.227.6140
Email: contact@roswellstudios.com

## About Roswell
We are a full service eCommerce agency providing conversion focused experiences for direct-to-consumer (DTC) and B2B brands. Our portfolio grossed over $350M USD in 2024.