Texas SB 140 and abandoned-checkout texts
The short version
In short
- SB 140 took effect on 1 September 2025 and brought text, graphic and image messages into the chapter 302 definition of a telephone solicitation.
- Chapter 302 requires a seller soliciting a purchaser in Texas to hold a registration certificate from the Secretary of State, unless an exemption applies.
- Under the recommended schedule, ACR sends no calls or texts to shoppers in Texas. Email still goes out.
- A store that is registered or exempt can move the campaign to a custom schedule, and Texas's own calling hours then apply.
This is our reading of the bill, the statute and the Secretary of State’s guidance on 7 November 2026. It explains a product default and is not legal advice; whether your store must register is a question for your lawyer.
What SB 140 changed
SB 140 applies to conduct on or after 1 September 2025. Its central change is one definition. Chapter 302 of the Business and Commerce Code now defines a telephone solicitation as “a call or other transmission, including a transmission of a text or graphic message or of an image”, made by a seller or salesperson to get someone to buy, rent, claim or receive an item.
The bill also tightened enforcement. It made violations of chapters 304 and 305 of the same code deceptive trade practices, which the public and private remedies in chapter 17 of the code can enforce. And it added that a claimant’s earlier recoveries under chapter 302 do not limit what they can recover later.
What chapter 302 asks of a seller
Under section 302.101, a seller may not make a telephone solicitation from a location in Texas or to a purchaser located in Texas without a registration certificate for the business location the solicitation comes from. Each location needs its own. The Secretary of State lists a $200 filing fee and a $10,000 security deposit, and a certificate lasts one year before renewal. The office says it does not decide who has to register; that is the seller’s responsibility.
Put the new definition next to that rule and a recovery text to a shopper in Texas looks like a telephone solicitation, from a store that is probably not registered.
The Secretary of State's notice on consented texts
The Secretary of State’s registration FAQ now opens with a notice. It cites the position the Attorney General and the Secretary of State took in Ecommerce Marketers Alliance v. Texas (W.D. Tex. 2025) and an agreement among the parties, and says that any business sending text messages with the consumer’s prior consent does not have to file the chapter 302 registration statement.
That is relevant to ACR, because texts already need a recorded SMS opt-in by default. Two limits stand out. The notice talks about text messages only and says nothing about calls, AI or otherwise. And it is an agency position tied to a lawsuit; the definition in the statute still reads as quoted above.
What ACR does with Texas today
Under the recommended schedule, Texas is a blocked region. No calls and no texts go to a shopper there, and email still goes out under your email consent setting. ACR treats a shopper as being in Texas when the shipping address is in Texas or the phone number has a Texas area code. When the two disagree both apply, so either one is enough.
The reason is what ACR can see. Checkout data does not say whether your store is registered or fits an exemption, so the default does not assume either. The Secretary of State’s notice gives a store with opted-in shoppers a reason to look again at texting Texas, and that decision belongs to the store.
Exemptions a store might fit
Chapter 302 lists exemptions, and whoever claims one has the burden of proving it (section 302.051). These are the ones most likely to come up for an online store:
| Exemption | What the statute requires | What to check |
|---|---|---|
| Former or current customers (302.058) | Soliciting business from a former or current customer, by a person who has operated under the same business name for at least two years | A shopper who abandoned their first checkout has not bought from you yet. |
| Established retail location (302.059) | At least two years running a retail establishment open continuously under the same name used for the telemarketing, where most of the business takes place | An online-only store has no such location. |
| Food sales (302.057) | A person soliciting the sale of food | Ask your lawyer how far this reaches for your products. |
| Catalog sellers (302.054) | A catalog distributed in more than one state, with an annual circulation of at least 250,000 customers | Mostly relevant to established catalog brands. |
How to reach Texas shoppers by call or text
- Confirm with your lawyer that your store is registered, fits an exemption, or, for texts, falls within the Secretary of State’s position on consented messages.
- Move the campaign from the recommended schedule to a custom schedule and set the days and hours you want. This opens calls and texts to Texas together.
- Keep Require consent on, so texts still need a recorded opt-in and calls still need call consent.
The legal floor stays in place on a custom schedule. For Texas that means the chapter 301 hours: after 9:00 and before 21:00 on weekdays and Saturdays, and after 12:00 and before 21:00 on Sundays. Every other state’s rules keep applying too, as the state hours table shows.
How texts run, including STOP handling, is on the SMS page. If you want to talk through a Texas setup, book a call.
Sources
- Texas S.B. 140, 89th Legislature, enrolled version
- Texas Business and Commerce Code chapter 302, telephone solicitation registration and exemptions
- Texas Business and Commerce Code chapter 301, including 301.051 calling hours
- Texas Secretary of State, Frequently Asked Questions for Form Series 3400, Telephone Solicitation Registration
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