For Texas Consumers

Got unwanted marketing texts? Here's what SB 140 means for you.

Texas Senate Bill 140 gives consumers who receive unauthorized marketing text messages the right to recover damages under the state's Deceptive Trade Practices Act. This page explains what counts as a violation, what you may be entitled to, and how to document what happened.

Editorial Team · Updated May 12, 2026

What counts as a violation

Not every marketing text you receive in Texas is unlawful. SB 140's protections apply when one or more of the following conditions are met:

1. You never consented to receive marketing texts from the sender.

The most common violation. If a company you've never done business with sends you promotional texts — or if you signed up for one thing (like a delivery alert) and started receiving unrelated marketing — that's typically a violation. Genuine opt-in to receive marketing requires specific, documented consent tied to the actual sender.

2. You opted out, and they kept texting you.

If you replied STOP, UNSUBSCRIBE, or otherwise asked to stop receiving messages and the sender continued, each subsequent message is a separate violation.

3. The texts arrived outside permitted hours.

Marketing texts to Texas numbers are only allowed between 9:00 AM and 9:00 PM Central time Monday through Saturday, and between noon and 9:00 PM Sunday. Late-night and early-morning marketing texts violate the law regardless of consent.

4. Your number is on the Texas No-Call list.

Numbers on the Texas No-Call list are protected from marketing solicitation by text as well as by voice.

5. The sender isn't registered (if registration was required).

Businesses sending marketing texts to Texas residents are generally required to register with the Texas Secretary of State and post a $10,000 bond, unless they qualify for the November 2025 opt-in exemption. Sending marketing texts without registration when registration was required is itself a violation.

Important: opt-in matters

If you genuinely opted in — for example, you affirmatively gave a business your number to receive their promotional messages — that business's texts are generally not violations under the November 2025 settlement framework. The texts must still arrive during permitted hours, and you have the right to opt out at any time. Once you opt out, any further marketing from that sender becomes a violation.

What you may be entitled to

Texas law provides several types of recovery for SB 140 violations through the Texas Deceptive Trade Practices Act (DTPA):

Actual damages for the harm caused by the unlawful texts. While a single text may produce minimal direct damages, courts have recognized recovery for emotional distress, time spent dealing with unwanted messages, and related harms.
Treble (triple) damages when a court finds the violation was knowing or intentional. Mass commercial SMS marketers often meet this standard.
Attorney's fees and costs, which the DTPA allows prevailing plaintiffs to recover from defendants. This is what makes plaintiff-side firms willing to handle these cases, often on contingency.
Successive recovery: SB 140 explicitly permits separate recovery for each violation. Multiple texts mean multiple potential recoveries.

Specific case values depend on facts that include the number of texts received, whether the sender registered as required, the strength of any opt-in defense, and the sender's resources. A Texas attorney experienced in DTPA or TCPA-style litigation can evaluate your specific situation.

How to document what happened

Before talking to anyone about a potential claim, gather and preserve the evidence. The strength of an SB 140 case turns substantially on documentation. Steps to take:

Take screenshots of every message. Include the sending number, the message content, and the date/time stamp. Don't delete the messages.
Note when each message arrived. Time-of-day violations require knowing the exact time messages were received in Central time.
Save your replies, especially any opt-out attempts. "STOP" replies are particularly important; subsequent messages after a STOP reply strengthen the case substantially.
Record what you know about the sender. The phone number, any brand name in the message, any links in the message, and whether you have any prior relationship with the company.
Don't engage further with the sender. Don't click links, don't reply (beyond a single STOP if you haven't already), and don't engage in any way that the sender could later characterize as opt-in or consent.

Tell us what happened.

Provide the information below and we will review it. If your situation appears to qualify under SB 140 or the Texas DTPA, we will connect you with information about your options, which may include referral to a licensed Texas attorney who handles these cases. Submission of this form does not create an attorney-client relationship.

First Name*

Last Name*

Email*

Your phone number (the one receiving texts)*

Texas ZIP Code*

How many unwanted texts have you received?*

What was the sender's name or phone number (if known)?

Approximate date of first unwanted text*

Did you reply STOP or otherwise ask them to stop?

Briefly describe what happened

I confirm that the information above is accurate to the best of my knowledge, and I consent to being contacted by SB140Explained or its referral partners about my submission. I understand that this form does not create an attorney-client relationship and that nothing on this page is legal advice.*

By submitting, you confirm you are 18 or older and a Texas resident. Your information will only be used to evaluate your situation under SB 140 and to connect you with appropriate legal resources. We do not sell consumer information to third parties. See our Privacy Policy.

What happens after you submit

Review. We review your submission for fit with SB 140 and the Texas DTPA's requirements. Not every situation qualifies, and we'll tell you directly if yours doesn't.
Follow-up. If your situation looks like it may qualify, we contact you to confirm details and discuss next steps.
Referral. If a claim is potentially viable, we connect you with a licensed Texas attorney who handles these cases. The attorney makes the final decision about whether to take your case and on what terms.
You're in control. Submitting this form doesn't obligate you to pursue anything. You can decline to proceed at any point.

Important

SB140Explained is an editorial resource, not a law firm. We do not represent clients, and submitting this form does not create an attorney-client relationship with us. Any legal representation arising from a referral would be a separate engagement between you and a licensed attorney. If you have an urgent legal deadline or have already been contacted by an attorney representing the other side, contact a Texas attorney directly without delay.

Common questions from consumers

Will I have to pay anything?

Texas DTPA cases of this kind are typically handled on contingency by plaintiff-side attorneys — meaning the attorney takes a percentage of any recovery and you pay nothing if there's no recovery. Specific terms are between you and any attorney you decide to work with. SB140Explained does not charge consumers for submitting this form or for referral.

Could I be sued for filing a claim?

Consumers exercising their statutory rights under the Texas DTPA are generally not exposed to counter-claims, provided the underlying allegations are made in good faith. Frivolous claims can theoretically expose plaintiffs to fee-shifting, which is why having a qualified attorney evaluate your case before filing is important.

What if I'm not 100% sure I didn't opt in?

Submit anyway. Often consumers don't remember opting in because they didn't — or because what was presented as opt-in didn't meet the legal standard. An attorney evaluating your case will look at what consent the sender claims to have, and the burden is generally on the sender to produce specific, documented opt-in.

What if the texts came from a short code rather than a phone number?

SB 140 covers SMS marketing regardless of whether the sender used a long code (a regular phone number) or a short code (a 5- or 6-digit number commonly used by mass marketers). The form of the sending number doesn't change the analysis.

How long do I have to act?

The Texas DTPA generally has a two-year statute of limitations from the date of the violation. Acting promptly is also practical: senders that go out of business or move out of state become harder to recover from. If you received unwanted texts within the past several months, time is generally on your side — but don't sit on it indefinitely.

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