The Telephone Consumer Protection Act (TCPA) makes it illegal for companies to send out automated marketing texts without the express written consent of the recipients. The companies themselves are responsible for proving that they had the consent necessary to include a consumer in a marketing text campaign.
When businesses fail to comply with all federal rules, they can be required to pay serious statutory damages. These include $500 for each text that is sent outside the legal boundaries and $1,500 for each text that is sent in willful disregard of the law.
Texas tightened its consumer protections regarding marketing texts considerably in 2025. The updated restrictions include that any consumers added to a company’s list of contacts must provide express written consent prior to receiving marketing texts. Failure to abide by this regulation can lead to hefty fines.
In order to provide consent, consumers must take a separate affirmative action. This means there must be a clear means of opting in, and a prime example is a checkbox that is not a condition of purchase. This requirement applies to large and small businesses, marketing agencies, and customer service platforms.
TCPA allows a broad exception for spam texts that are sent to those with whom the company has an established business relationship (EBR). The regulations in Texas, however, hold companies to stricter standards, including those that relate to EBR. Consider the following:
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