The recent amendments to the Texas mini-TCPA have created considerable ambiguity for marketers. At Attentive, we're committed to providing clarity.

This guide cuts through the noise, directly addressing the most common questions and debunking prevalent myths about the new law. Our goal is to give you the information you need to navigate this evolving landscape with confidence.

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The Texas Mini-TCPA: A High-Level Overview

Before we dive in, let's start with the basics. The Texas mini-TCPA, formally part of the Texas Business and Commerce Code, is a state law that regulates telemarketing. Originally focused on phone calls, its recent amendments have expanded its reach significantly.

What the Law Says

At its core, the law establishes rules for businesses that contact Texas residents for commercial purposes. This includes requirements for two key tenants:

1. Some businesses need to register with the Texas Secretary of State.
2. Businesses should not make telephone solicitations during certain hours (9 p.m.–9 a.m. Mon–Sat; before noon or after 9 p.m. on Sundays).

What the New Amendments Say

The recent updates, effective September 1, 2025, bring two major changes:

1. Expanded Scope: The law now explicitly applies to commercial text messages, not just phone calls—including the registration requirement.
2. New Private Right of Action: It grants individual consumers the ability to sue businesses directly for violations.

These changes, especially the private right of action, are why there is so much discussion around this law.

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What makes it hard for people to know definitively what to do?

The simple answer is that the law is new and ambiguous. For example, while the law provides several exemptions from its registration requirement, the language is open to interpretation, making it difficult for a business to know for certain if they qualify. This means that until cases go to court and precedent is built on how this law is enforced, it’s impossible to say for sure how it will be enforced.

Further complicating matters, in one recent legal challenge, the Texas Attorney General offered the opinion that the updates to this law should not apply to text messages sent with prior consumer consent. However, this opinion is not a binding legal ruling. This opinion aligns more closely with the current TCPA and Federal regulations, and implies there is unlikely to be any action from the State of Texas against merchants who use compliant sign-up methods to obtain consumer consent for marketing text messages. But not only is this opinion not binding, but, even if the government doesn’t pursue cases under this law, private citizens still can. The risk of these types of costly nuisance suits—of which there have been many in the wake of Florida’s similar mini-TCPA—is still real.

Given this, we recommend the following as the best course of action to mitigate risk:

• Consult your legal counsel to assess whether the registration requirement actually applies to you. There are many exemptions to the registration, but their application to your company will depend on company-specific factors that you and your counsel are in the best position to know.
  
  
• Out of an abundance of caution, register with the state if you are unsure whether to register. The Texas legislature has stated that the law will be “construed liberally.” We anticipate that most businesses will pay no more than $1,500 to register.
  
  
• Abide by Texas Quiet Hours. Attentive customers can see how to do this in the platform in the Help Center.

• Keep running business as usual. Keep engaging your Texas subscribers. By updating Quiet Hours and addressing registration requirements, you can minimize disruption while protecting revenue. Excluding all Texas customers would be like using a hammer when you need a scalpel.

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Myths vs. Reality

Myth #1: If I have consent, I don't need to worry about the new law.

The Truth

This is a nuanced and critical point. Recently, the Texas Attorney General’s Office responded to a legal challenge by stating they did not think the law should apply to text messages sent to consumers with prior consent. This is a promising development, but there are limitations to their statement:

• It's an opinion, not a ruling. The AG's opinion is not legally binding and does not change the text of the law itself.
  
  
• It only addresses state enforcement. The opinion suggests the State of Texas is unlikely to take action against merchants who use compliant sign-up methods.
  
  
• The risk of private lawsuits remains. The law itself hasn’t gone away. The risk of costly nuisance suits—of which there have been hundreds in the wake of Florida’s mini-TCPA—is still real. Individual consumers can still file lawsuits, and it is costly to defend against these private suits even if you win.

Therefore, while obtaining consent is a best practice and may deter state-level enforcement, it does not eliminate the risk of private litigation.

Myth #2: I have to pay a $10,000 security deposit to register.

The Truth

Not exactly. The law requires you to post a $10,000 security with the state, but this does not mean you have to pay $10,000 out of pocket. Most businesses will satisfy this requirement by obtaining a surety bond.

A surety bond is a type of guarantee from a surety company. You pay the surety company a small fee (typically a few hundred dollars), and they issue a bond that guarantees the state of Texas will be paid up to $10,000 if your business violates the law. This is a much more cost-effective way to meet the security requirement than a direct deposit.

Myth #3: I can just avoid sending messages to Texas area codes.

The Truth

This is not a reliable compliance strategy. We strongly advise against suppressing or blocking all Texas subscribers, as this approach can lead to significant revenue loss. The law does not prohibit sending messages to those who have provided consent; its focus is on timing and registration, not a complete messaging ban.

Additionally, this is not a reliable compliance strategy. Area codes alone may not be a reliable indicator of a person's physical location. Suppressing Texas subscribers based on area codes may have a negative impact on your revenue that exceeds the costs of registering your business with the state. By using Quiet Hours and, if applicable, registering with the Texas Secretary of State, you can continue to engage with your Texas subscribers.

Myth #4: Quiet Hours apply to all messages, including transactional ones.

The Truth

Not always. Quiet Hours in Texas don’t apply if the message is solicited, sent in response to a consumer's request, or if there’s an established business relationship. They also only apply to messages intended to encourage a sale, which likely excludes transactional messages. This means that welcome flows and other triggered messages based on direct consumer interaction are generally not subject to the same time-of-day restrictions as broadcast campaigns. 

We recommend thoughtful use of Quiet Hour settings to provide the best customer experience. Your privacy policy should also be updated to reflect your messaging practices.

Myth #5: If I register, it implies that I am sending messages without consent.

The Truth

The Texas mini-TCPA does not include a statutory presumption that companies who register with the state are engaging in any particular conduct. Any claim that registration “implies” that a company is sending SMS messages without consent can easily be disproven by providing evidence of consent.

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Mini-TCPA Frequently Asked Questions

1. How is location determined for the purposes of the law?

Unfortunately, the law does not define how location is determined.  The law applies to companies sending text messages “from a location in this state” or “to a purchaser located in this state.”

2. Can you register and not pay the bond?

No, posting the security (most commonly via a surety bond) is a required part of the registration process.

3. We have multiple brands. Do we need to register each of the brands with the Texas Public Utility Commission (PUC)?

The Texas statute does not clearly say whether a parent company can register on behalf of multiple brands or whether each brand must register separately. The registration requirement applies to certain “sellers,” defined as “a person who makes a telephone solicitation on the person's own behalf.” Whether each brand is a “seller” for registration purposes is something that may vary company by company, and we recommend consulting with your legal counsel to help you make this determination.

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How Attentive Supports Compliance

Attentive will continue to monitor developments in Texas law, update its recommendations as new guidance becomes available, and explore other ways to support its customers’ ability to comply with the law. Attentive supports consistent and predictable federal regulation of our industry, and we advocate for this from our seat on the board of directors of the CTIA, the industry group that represents mobile messaging.

For additional information about the Texas mini-TCPA, watch Chief Strategy Officer Eric Miao’s recent conversation with one of our trusted TCPA counsel’s, Steptoe LLP Partner Dan Blynn, Esq.

The materials available in this post are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.