National Alert for Businesses Engaged in Text Message Marketing to Texas

On September 1, a new law took effect in Texas that may have impact on any business – not just those located in Texas – engaged in text message marketing that is sent to Texas residents. Texas Senate Bill 140 amends existing state law pertaining to telemarketing registration requirements, expanding the scope of this requirement to include entities engaging in text message marketing. This new law does not specifically target members of the firearm industry, and applies equally to all businesses, with enumerated exceptions that include publicly traded companies and nonprofits.

This new law requires affected businesses – including those located in and outside of Texas – to register with the State of Texas and follow strict rules of conduct. Violations can result in significant litigation and civil liability. NSSF^® recommends any business that engages in text message marketing that is sent to Texas recipients to consult with their legal counsel to ensure compliance with this law.