Big news for Texas businesses: A new law (SB140) is officially shaking up the rules around text message marketing. If you’re a medspa—or really any business—sending promotional content, here’s what you need to know.
What’s Changing?
As of September 1, 2025, marketing by MMS, SMS, and even image messages now counts as “telephone solicitation”.
That means if you want to keep texting your clients, you’ll need to:
- Register with the Texas Secretary of State
- Pay a $200 registration fee
- Secure a $10,000 surety bond (or financial equivalent)
- File quarterly reports about who is sending these texts
Don’t Panic!
Don’t panic about the $10,000 bond, it doesn’t mean you have to hand over ten grand up front. Most businesses purchase a surety bond, which works like insurance. Instead of $10,000, you’ll pay a small annual premium (often just a few hundred dollars), and the bond company guarantees the rest on your behalf.
What Happens if You Don’t Comply?
Violations of SB140 can come with steep fines—up to $1,000 per violation—and possible legal action. In other words, a single campaign gone wrong could get really expensive, really fast.
Who Does This Affect?
This law isn’t just about medspas. It applies to any business texting Texas residents with promotional messages, including:
- Medspas & beauty businesses
- Fitness studios & gyms
- Restaurants & coffee shops
- Retailers & boutiques
- E-commerce brands
Basically, if text marketing is part of your strategy, this law is for you.
Next Steps
Here’s how to stay ahead of the game:
- Visit the Texas Secretary of State’s website and complete the telemarketing registration form.
- Budget for the $200 fee and $10,000 bond.
- Set up a system to track and file quarterly reports .
- Review your current SMS campaigns to make sure they align with the new requirements.
- When in doubt, talk with a legal or compliance expert—better safe than sorry.
My Takeaway
Yes, this feels like one more hoop to jump through. But a little prep now will save you from big headaches later. By registering and keeping your text marketing compliant, you’re not just following the rules; you’re protecting your business and keeping your client connection strong.
Don’t let SB140 scare you—let it sharpen your strategy.