Who This Is For / When to Use
This article is for account owners and administrators who:
Send marketing or promotional SMS/MMS messages.
Message contacts who may be Texas residents.
Operate from Texas phone numbers or locations.
Want to reduce legal exposure related to the Texas Mini-TCPA Law.
What Is the Texas Mini-TCPA Law?
The Texas Mini-TCPA Law is a state telemarketing law that regulates how businesses can contact individuals in Texas.
Effective September 1, 2025, the law expands to include SMS and text messages, not just voice calls.
What Changed Under the Law?
Expanded Coverage
SMS and MMS marketing messages are now covered.
The law applies to messages sent to Texas residents or from Texas-based numbers.
Increased Legal Risk
Individuals can file private lawsuits.
Multiple lawsuits can be filed for the same campaign.
Statutory damages can be significant.
Registration Requirement
Some businesses must:
Register with the Texas Secretary of State.
Pay an annual fee.
Post a security deposit.
Who Does the Law Apply To?
You may be covered if any of the following are true:
You send marketing SMS to Texas residents.
You send marketing SMS from Texas phone numbers.
You are a Texas-based business sending marketing texts anywhere.
Examples:
A California business texting Texas residents.
A Texas business texting California residents.
A Texas business texting other Texas businesses.
Common Exemptions (Not Automatic)
Some entities may qualify for exemptions, including:
Publicly traded companies and subsidiaries
Certain financial institutions
Educational institutions
501(c)(3) nonprofits
Food sellers
Retailers with physical locations operating under the same name for 2+ years
Businesses texting current or former customers under the same name for 2+ years
Important:
Exemptions are case-specific. You are responsible for confirming eligibility with legal counsel.
Requirements If You Are Not Exempt
If your business is not exempt, you may be required to:
Register with the Texas Secretary of State.
Pay a $200 annual registration fee.
Post a $10,000 security deposit (bond, letter of credit, or approved deposit).
Follow disclosure rules and quiet hours.
Registration is only valid after the state issues an official certificate.
Risks of Non-Compliance
Failure to comply can result in:
Civil penalties up to $5,000 per violation.
Treble damages under the Texas Deceptive Trade Practices Act.
Attorney’s fees awarded to plaintiffs.
Exposure to repeated private lawsuits for the same messaging activity.
Kyrios Responsibility vs. Your Responsibility
Your Responsibility
You control and are legally responsible for:
Who receives messages.
Message content.
Send timing.
Consent records.
Determining exemption status.
Kyrios Responsibility
Kyrios provides tools to help reduce risk, but does not determine legal compliance.
What Is the Texas SMS Safeguard?
The Texas SMS Safeguard is a one-toggle setting that automatically blocks marketing and promotional SMS/MMS sent:
To Texas residents, or
From Texas-based numbers.
This helps reduce exposure to Texas Mini-TCPA requirements.
How to Enable the Texas SMS Safeguard
Go to Settings.
Select Phone Numbers.
Open Additional Settings.
Click SMS Compliance.
Enable Block any SMS/MMS to Texas recipients or from Texas area-code numbers.
Click Save.
Result:
Bulk and promotional SMS/MMS involving Texas are blocked.
1:1 conversational messages may still be allowed per regional rules.
Common Issues and Fixes
Messages Are Not Sending to Texas Numbers
The Texas SMS Safeguard is enabled.
This is expected behavior for marketing messages.
Fix:
Disable the safeguard only after consulting legal counsel and confirming compliance.
Texas Contacts Still Receiving Messages
Contacts may have non-Texas area codes.
Residency detection is more reliable than area code filtering.
Fix:
Use the Texas SMS Safeguard instead of manual area code exclusions.
FAQ
What is the Texas Mini-TCPA Law?
The law regulates telemarketing in Texas and now includes SMS and text messages, requiring some businesses to register and follow strict rules.
Who needs to comply?
Any business sending marketing SMS to Texas residents or from Texas locations may be required to comply.
Are exemptions automatic?
No. Exemptions are case-specific and must be confirmed with legal counsel.
What happens if I don’t comply?
You may face fines, lawsuits, treble damages, and attorney fees.
Can I just block Texas area codes?
Area codes alone are unreliable. Many Texas residents use out-of-state numbers.
What is the safest way to reduce risk?
Enable the Texas SMS Safeguard and consult your attorney before sending marketing SMS involving Texas.
Does Kyrios guarantee compliance?
No. Kyrios provides tools, but legal compliance is the responsibility of the business owner.