Texas SB 140 and Recharge Concierge SMS: What merchants need to know

Recharge is committed to helping you stay informed. Effective September 1, 2025, Texas SB 140 expands state telemarketing rules to include SMS, MMS, and similar messages sent to promote your products or offers.

Overview

Texas Senate Bill 140 (SB 140) took effect on September 1, 2025. The law updates Chapters 302 and 304 of the Texas Business & Commerce Code to crack down on unsolicited or deceptive telemarketing. Its purpose is to stop unwanted sales calls and texts — not legitimate messages sent with customer consent.

On September 26, 2025, the Texas Secretary of State and Attorney General issued a response in Ecommerce Marketers Alliance v. Texas clarifying how SB 140 should be applied. Their guidance confirms that Recharge Concierge SMS is not covered by SB 140, because it only sends marketing messages to customers who have explicitly opted in.

What SB 140 covers

SB 140 amended the Business & Commerce Code to define:

• “Telephone call” by reference to § 304.002, which excludes transmissions “made to a mobile telephone number as part of an ad-based telephone service in which the customer has agreed to receive the transmission.”
• “Telephone solicitation” as a call or transmission initiated to induce a purchase or sale.

The law targets unregistered telemarketers and unsolicited sales communications — specifically those that use telephone calls or texts without prior consent.

What this means for Recharge merchants

Recharge’s SMS tools require clear, documented customer consent before sending any marketing message. Under the Attorney General’s latest interpretation:

• Recharge SMS campaigns are outside SB 140’s scope because they are consent-based.
• Merchants do not need to register as telephone solicitors under Chapter 302 when using Recharge Concierge SMS for opt-in marketing.
• Texas regulators have made no threat of enforcement against consent-based SMS programs.

Recharge will continue to monitor the litigation and any subsequent guidance from Texas courts or agencies.

Summary

✅ Recharge SMS remains compliant with Texas law.
✅ SB 140 does not apply to merchant SMS that requires customer consent.
✅ No registration or new action is required for Recharge merchants at this time.

Recharge will update this guidance if the Texas courts issue further rulings or the Attorney General’s interpretation changes.

For more information on these settings, see Recharge Concierge SMS.