Alright, fellow small business besties, gather ’round, because your small business Besty Brenda, as always keeping up with the latest and greatest in small business marketing, has come across a new law that’s going to help cripple us a little bit more!
So, you know how we’re all out here, hustling, grinding, trying to make an honest living, probably while simultaneously managing a toddler’s tantrum and wondering if we remembered to thaw dinner? Yeah, that’s our life. And just when you thought you had a handle on things, BAM! The Texas government, in its infinite wisdom, has decided it’s time to play a fun new game called “Let’s See How Many Hoops We Can Make Small Businesses Jump Through.”
Introducing, effective September 1, 2025, Senate Bill 140 – otherwise known as the “Don’t You Dare Text Your Customers Without Asking Pretty, Pretty Please… Unless You’re Too Big To Fail” law.
The Gist, Without the Government Jargon (Because Who Has Time For That?):
Basically, if you’re a small business and you send out text messages to your customers (you know, to tell them about that killer sale, or that you finally got that thing they’ve been asking for), you’re now under a microscope. This law explicitly includes text messages in the “telephone solicitation” category. So, all those rules about not calling people at 3 AM? Yeah, now that applies to your “Happy Hour Starts Now!” texts too.
What Does This Mean For Your Hustle?
- Registration Nation: Get ready to register with the Texas Secretary of State, fork over $200 annually, and put up a $10,000 security bond. Because apparently, the government thinks you’re all a bunch of shady telemarketers waiting to abscond with a customer’s life savings via a text about 10% off artisanal candles.
- “Quiet Hours” for Texts: No more spontaneous “Flash Sale!” texts at 8:30 AM on a Sunday. There are now strict “quiet hours” for texting. So, plan your digital outreach like you’re planning a covert operation.
- Express Written Consent or Bust: You absolutely, positively, without a shadow of a doubt, need prior express written consent before you even think about sending a marketing text. And every single message needs a clear opt-out. No more just assuming your loyal customers want to hear from you.
- You Can Get Sued. Like, Really Sued: This is where it gets spicy. If you mess up, your customers can now sue you directly. We’re talking $500 to $1,500 per unlawful text. And if they deem it “knowing or intentional,” that could triple. So, that innocent “Hey, your order is ready!” text could suddenly cost you more than your entire inventory.
But Wait, There’s a Catch! (Because Of Course There Is.)
Here’s the part that really grinds my gears, the part that makes me wonder if “The Man” is just sitting in a smoky backroom, cackling at us little guys. Guess who gets a pass on some of this nonsense? PUBLICLY TRADED BUSINESSES.
Oh, you heard that right. While you’re over here trying to figure out if your “Happy Holidays!” text is going to land you in court, the big corporations, the ones with endless legal teams and compliance departments, get to waltz on by with a few less hoops. Because, clearly, a multi-billion dollar company texting you about their latest stock offering is so much less intrusive than your local boutique telling you about a new dress. 
It’s almost like they want to make it impossible for us to compete, isn’t it? Slap us down with registration fees, bonds, and the constant threat of a lawsuit, while the Goliaths get a little wink and a nod.
So, How Do We Not Get Our Asses Sued While Still Trying to Make a Dollar?
Deep breaths, my friends. We adapt, we overcome, and we don’t let “The Man” win. Here’s your survival guide:
- Get That Consent, Queen! Seriously, make it crystal clear when customers sign up for your texts that they are consenting to receive marketing messages. Add it to your website, your sign-up forms, everywhere. And keep a meticulous record.
- Double-Check Your Opt-Outs: Make sure every single marketing text has an obvious way to opt-out (“Reply STOP to unsubscribe”). And honor those requests immediately. No “we’ll get to it eventually.”
- Mind Your Manners (and the Clock): Respect those quiet hours. Schedule your texts. Think before you hit send.
- Audit Your List: If you have an old text list, it’s time to clean house or re-verify consent. Better safe than sorry.
- Talk to a Lawyer (Yeah, I Said It): I know, I know. But seriously, a quick consultation with a lawyer specializing in business compliance could save you a world of hurt. It’s an investment, not an expense.
- Consider Your Alternatives: Maybe this is the push you needed to really beef up your email marketing, social media engagement, or even good old-fashioned snail mail (gasp!).
Look, this isn’t ideal. It’s frustrating. It’s another hurdle. But we small business owners are resilient. We’ll figure this out, just like we always do. We’ll find a way to connect with our customers, sell our amazing products and services, and keep building our empires, even if we have to do it with one hand tied behind our back by legislative red tape.
Now, if you’ll excuse me, I’m going to go scream into a pillow and then come up with a passive-aggressive email marketing campaign that will surely not violate any laws (yet).
Stay strong, and keep hustling!