Texas ‘Mini-TCPA’ Goes Into Effect September 1, 2025: What You Need To Know
Effective September 1, 2025, Texas Senate Bill 140 (SB 140) materially expands the scope of the T exas Business and Commerce Code §§ 301-305 (Mini-TCPA) governing both telephone and SMS marketing. The statute requires registration and posting of a bond, lowers procedural barriers to private litigation, and increases both private and governmental enforcement exposure. The principal changes and recommended compliance measures are outlined below. A violation of any provision of the Mini-TCPA is now expressly deemed an “unfair and deceptive practice” under Texas law, exposing violators to statutory damages of not less than $500 and not more than $1,500 per unlawful call or text. In addition, the Texas Attorney General is authorized to seek civil penalties of up to $5,000 per violation. These monetary enhancements, combined with the removal of the reporting prerequisite, are expected to generate increased class action activity in Texas state and federal courts. A seller that makes telephon...