Texas SMS requirements: Talking SB140 with Mickey Chandler
Life (and compliance) can get tricky sometimes for marketers, and here is a perfect example. Texas recently amended SMS marketing requirements in a potentially scary way; the updated compliance requirements even mandate registering with the state and securing a $10,000 bond.
But then came a lawsuit filed by nonprofit trade association Ecommerce Innovation Alliance, and a friendly statement from the Texas AG that seemed to suggest that marketers are safe as long as everything is opt-in.
But the devil's in the details, as it often is, and things are not quite as settled as we all might have hoped.
I don't usually cover SMS marketing and SMS compliance on Spam Resource. But this one has got me curious, and I wanted to understand it better. So I set up a quick video chat with my good friend Mickey Chandler for his take on the new legislation and its updated compliance requirements, the EIA lawsuit, the Texas AG's filing, and more. Find the video on Youtube, or embedded below.
TL;DR? With a private right of action still in play, it might be in a company's best interest to ensure compliance. But I'm not a lawyer, so go find a qualified attorney to hire to answer that question for you while considering your specific circumstances.
Want to learn more? Here's a few links to get you started.
And don't forget to follow Mickey Chandler on Linkedin, whom I owe a special thanks to, for his kindness and willingness to share his time and thoughts.
November 11, 2025 update: Here's an update from the EIA on their settlement with Texas related to this law. Does this mean this is no longer an issue? That's what a lot of folks seem to be saying.
Life (and compliance) can get tricky sometimes for marketers, and here is a perfect example. Texas recently amended SMS marketing requirements in a potentially scary way; the updated compliance requirements even mandate registering with the state and securing a $10,000 bond.
But then came a lawsuit filed by nonprofit trade association Ecommerce Innovation Alliance, and a friendly statement from the Texas AG that seemed to suggest that marketers are safe as long as everything is opt-in.
But the devil's in the details, as it often is, and things are not quite as settled as we all might have hoped.
I don't usually cover SMS marketing and SMS compliance on Spam Resource. But this one has got me curious, and I wanted to understand it better. So I set up a quick video chat with my good friend Mickey Chandler for his take on the new legislation and its updated compliance requirements, the EIA lawsuit, the Texas AG's filing, and more. Find the video on Youtube, or embedded below.
TL;DR? With a private right of action still in play, it might be in a company's best interest to ensure compliance. But I'm not a lawyer, so go find a qualified attorney to hire to answer that question for you while considering your specific circumstances.
Want to learn more? Here's a few links to get you started.
- Texas Expands SMS Marketing Rules With SB 140: https://xnnd.com/h1hu
- EIA SB140 lawsuit: https://xnnd.com/5hs6
- SB140 lawsuit challenge in the news: https://xnnd.com/3x2k
- SB140 Reddit Discussion: https://xnnd.com/tvxx
And don't forget to follow Mickey Chandler on Linkedin, whom I owe a special thanks to, for his kindness and willingness to share his time and thoughts.Comments
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