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📢 Important Update: New Texas SMS Marketing Law (SB 140) – Effective September 1, 2025

Note: This page is for informational purposes only and is not legal advice. We strongly encourage you to consult your attorney about your specific situation.

To help you avoid the $5,000 fine per text message, we are pausing text message automations for Texas businesses until you become compliant. Email automations will still go out.

1. What’s Happening

Texas has passed Senate Bill 140 (“Mini-TCPA”), which takes effect September 1, 2025. The law expands existing telemarketing rules to explicitly cover:

  • Text messages (SMS)
  • Multimedia messages (MMS)
  • Voice calls

All of these are now considered “telephone solicitation” under Texas law.

2. What This Means for You

If you are sending marketing text messages to Texas residents or from a Texas location, you must comply with this new law.

⚠️ Liability falls on your business—not Event Hawk or HighLevel.
The business actually sending the messages is treated as the “seller” or “telemarketer” responsible for:

  • Registering with the Texas Secretary of State
  • Posting a $10,000 bond or security deposit
  • Filing quarterly reports
  • Following strict opt-in and opt-out rules
  • Respecting new “quiet hours” (only 9 a.m.–9 p.m. Mon–Sat, 12 p.m.–9 p.m. Sun)

Penalties can be severe: $500–$5,000 per message, with treble damages for intentional violations, plus lawsuits under the Texas Deceptive Trade Practices Act.

To help you avoid the $5,000 fine per text message, we are pausing text message automations for Texas businesses until you become compliant. Email automations will still go out.

3. What You Need To Do

To stay compliant, every business sending marketing texts in Texas should:

  • Register with the Texas Secretary of State (Form 3401 + $200 annual fee).
  • Post the $10,000 security deposit (surety bond, letter of credit, or certificate of deposit).
  • File quarterly updates with the Secretary of State.
  • Obtain and store express written consent for every marketing text recipient.
  • Honor opt-out requests immediately (STOP, CANCEL, etc.).
  • Follow quiet hours for all marketing sends.

Helpful resources:
Texas Secretary of State FAQ
Registration Form 3401 (PDF)

4. How We’re Supporting You (Support from Event Hawk)

We know this new law is super unclear, confusing, and frustrating, you’re not alone in feeling this way. A lot of the language is vague and leaves room for interpretation, which makes it stressful to figure out what’s required.

That said, we’re here to support you every step of the way. You already have options today, such as adjusting your campaign hours and double-checking opt-out handling. If you need help with this, text us at (708) 401-6465 and we can make changes to your account or schedule a call.

To help you avoid the $5,000 fine per text message, we are pausing text message automations for Texas businesses until you become compliant. Email automations will still go out.

We are also working on enhancing tools inside Event Hawk/HighLevel to make compliance easier in the future. While we’ll keep adding tools and resources, remember: compliance is ultimately your responsibility as the sender.

✅ Compliance Checklist for Texas SMS Marketing

Here’s what you need to do immediately to avoid fines:

To help you avoid the $5,000 fine per text message, we are pausing text message automations for Texas businesses until you become compliant. Email automations will still go out.

❓ FAQ

Do I still need to comply if I’m only texting past or current customers?
Yes, unless you fall under one of the limited exemptions (for example, certain food sales, nonprofits, or B2B outreach). Most marketing texts will still require registration and compliance.

Does this apply to automated texts like abandoned cart reminders or drip campaigns?
Yes. Any promotional text sent using automated technology counts as “telephone solicitation” under the new law.

What happens if I don’t register?
Failure to register can result in penalties of up to $5,000 per message, plus triple damages under the Texas DTPA and direct consumer lawsuits.

Is Event Hawk liable for this?
No. The law places liability on the business sending the messages. Event Hawk provides the platform and tools, but compliance is your responsibility as the sender.