New Texas SMS Compliance Law Update

I’m replying here (although I made my own thread about it, because we need more eyes on this issue. My main question is “is a fully consented, double-opted in profile exempt from this new regulation?”

Attentive stated that on their platform, if a profile consents, you’re good to go. It seems to me the law is geared towards cold-calling, not messaging willing participants in a marketing list. But I’m waiting to get more info. Can’t rely on Chat-GPT for legal advice.

I will likely NOT register with Texas, as that requires a $10,000 deposit (or surety bond), and I feel like unscrupulous people will use this new law to report perceived violations left and right. Then I’ll have to lawyer-up and defend myself, or pay the fines and lose my $10,000 deposit.

I also wanted to share our help article to provide more information.

~Chloe

Here is what we are recommending to the companies we are working with. I wrote a whole blog article about it and I hope it is helpful https://ambinteractive.com/blog/texas-sms-compliance-what-businesses-need-to-know-about-the-new-law/

Decoding the New Texas SMS Law: A Guide for Brands

The email from Klaviyo is a proactive heads-up about a crucial change. As of September 1, 2025, an amendment to the Texas Business and Commerce Code will expand to regulate marketing text messages, not just telephone calls. Here’s a clear breakdown of what that means for you.

What exactly needs to be done to stay compliant?

At its core, the compliance process involves two main steps:

1. Determine if You Are Exempt: Before anything else, you must review the list of exemptions. If your business clearly falls into one of the exempt categories, you will not need to register. This is the most important first step.

2. Register if You Are Not Exempt: If your business does not meet any of the exemption criteria, you must register with the Texas Secretary of State as a "Telephone Solicitation" business. This registration will likely involve providing your business details and paying a fee.

Crucially, this registration is separate from and in addition to all existing SMS compliance best practices (like those required by the TCPA). You must still collect explicit consent, provide a clear opt-out on every message, and maintain your terms of service and privacy policy.

Is there a registration process already open?

As of now, the Texas Secretary of State has not launched a specific, updated portal for SMS marketers to register under this amended law. The links provided in the community post are the best official sources to monitor. It is expected that as we get closer to the September 1, 2025 deadline, the state will provide a clear process and online forms for registration.

Action Item: Bookmark the Texas Secretary of State's FAQ page and plan to check it quarterly as the deadline approaches.

Which types of companies or use cases are exempt?

This is the most critical area of analysis for most brands. As noted in the original post, the law provides several exemptions. The most relevant one for e-commerce brands is:

• Businesses contacting their current or former customers if that business has operated under the same business name for the last two years.

This brings up the million-dollar question from the community discussion: Is a double opted-in subscriber a "customer"?

The analysis provided by ChatGPT in Jeremy's post is spot on. Legally, there is a significant gray area.

• A "customer" typically implies a transactional relationship—they have purchased something from you.

• A "subscriber" or "consumer" has given you consent to market to them but may have never made a purchase.

The most conservative and safest approach is to assume that only a person who has actually purchased a product from you qualifies as a "customer" under this exemption. A lead who only signed up for your newsletter or SMS list but never bought anything would likely not be considered a customer in the eyes of the law. Therefore, if you are texting subscribers who have not yet purchased, you may not be exempt.

What is Klaviyo's role in this? Does Klaviyo handle any part of compliance?

This is a classic "shared responsibility" model.

• Klaviyo's Role: Klaviyo provides you with the tools to be compliant. This includes features like double opt-in, compliant sign-up forms with customizable disclosure language, and automatic opt-out management. They also provide educational resources (like the email you received) to keep you informed.

• Your Role (The Business): You are solely responsible for using those tools correctly and for adhering to all federal and state laws. Klaviyo cannot and will not register your business with the Texas Secretary of State. This legal responsibility lies entirely with you, the sender.

How does this apply to brands sending from outside the U.S. vs. those based in the U.S.?

The law's jurisdiction is based on the recipient, not the sender.

• If you are sending marketing SMS messages to a Texas resident (i.e., someone with a Texas area code or who you know resides in Texas), this law applies to you, regardless of whether your business is based in New York, Toronto, or London.

• Additionally, if your business is physically located in Texas, the law applies to your outbound marketing messages.

There is no distinction between U.S. and non-U.S. senders. If your audience includes Texans, you need to address this law.

Your Action Plan and Final Takeaways

1. Review the Exemptions Carefully: Look at the list provided. Does your business qualify, especially considering the "customer" distinction? If you have been in business for over two years and only text people who have previously purchased from you, you may be exempt.

2. Analyze Your List: Understand the difference between a subscriber and a customer. If you market to non-purchasers, you should plan to register.

3. Prioritize Best Practices: The best defense is a good offense. Using double opt-in for all SMS subscribers is a critical best practice that demonstrates clear, explicit consent. While it may not make you exempt from registration, it builds a high-quality list and strengthens your compliance position overall.

4. Budget for Legal Advice: As the community post wisely concludes, this is a gray area. Investing in a brief consultation with a lawyer who specializes in telecommunications or marketing law is the best way to get definitive advice for your specific situation.

In summary, Jeremy's final point is the most important one: Klaviyo's lawyers could have clarified the "customer vs. consumer" gray area. Because it's ambiguous, the safest path forward is to either confirm you meet a clear exemption or prepare to register.