Major Changes to Texas Mini-TCPA

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🚨 Major Changes to Texas Mini-TCPA: What SB140 Means for Telemarketers

Texas SB140 Expands Telemarketing Liability and Enforcement

Texas SB140

On June 20, 2025, Governor Greg Abbott signed into law Texas Senate Bill SB140, a sweeping amendment to the Texas Business & Commerce Code (TBCC)—a.k.a. Texas’ Mini-TCPA. This law introduces massive new liabilities for telemarketers, expands definitions, and clears a wide path for private lawsuits under the Deceptive Trade Practices Act (DTPA).

The law takes effect September 1, 2025, and you must act now if you’re conducting telemarketing via calls or texts in Texas.

⚖️ Key Changes Under SB140

✅ 1. Private Right of Action via DTPA

Telemarketing violations now fall under the Texas Deceptive Trade Practices Act, giving consumers a new, direct legal avenue—with serious consequences:

  • Treble damages (3x the actual damages)

  • Mental anguish compensation

  • Attorney’s fees

  • No need to go through a state agency first

This makes it much easier for plaintiffs to sue and raises the stakes dramatically for any non-compliant business.

📱 2. Expanded Definition of “Telephone Solicitation”

Forget the days when “telemarketing” only meant voice calls. SB140 officially includes:

Any attempt to sell, promote, or induce a consumer to buy is now covered. Your automated marketing text could now result in triple-stacked liability.

🔁 3. No Cap on Repeat Lawsuits

Under SB140, serial plaintiffs can repeatedly sue for the same violation. This removes any ambiguity around duplicate claims and gives plaintiff’s attorneys a lucrative new playbook.

🔥 The Lawsuit Landscape Just Exploded

The TBCC was already attractive to plaintiff firms due to its $5,000 per violation penalty for unregistered telemarketers. SB140 now makes Texas one of the most dangerous states for telemarketers and contact centers.

Previously, consumers had to file a complaint with a state agency before pursuing damages. Now, they can sue directly, bypassing procedural red tape.

⚠️ Triple Threat: TCPA + Mini-TCPA + DTPA

Texas courts have flirted with double recovery, with some interpreting TCPA violations as TBCC violations too. Now with SB140:

  • A single SMS can cost you $1,500+

  • A violation could trigger federal TCPA, state TBCC, and state DTPA claims

📝 Are You Registered in Texas?

Section 302.101 of TBCC requires telemarketers to be registered to call or text Texas residents. Failing to do so results in $5,000 fines per violation—but many businesses are unaware they even need to register.

💡 Pro Tip: Check for exemptions, but don’t assume you’re safe.

📌 Final Thoughts

Texas, long considered a pro-business state, is turning up the heat on telemarketers with SB140. With expanded definitions, easier litigation, and sky-high penalties, businesses must reassess their outbound communication strategies ASAP.

If you call or text Texas residents, you cannot afford to ignore this.

📚 Resources