What Does Texas SB 140 Mean for Your Prospecting?

Last month, Texas SB 140 officially went into effect, introducing new considerations for any business that uses text message marketing. But how do these changes affect your prospecting efforts? Let’s review the key components.

What it is: Texas Senate Bill 140 is a state bill that expands Texas’s telephone solicitation law to explicitly cover text messages initiated by a seller or salesperson. SB140 does not otherwise expand regulated conduct, but instead adds additional ways for consumers to seek damages for conduct that already violated Texas’s telephone solicitation law.

What’s changing: The bill impacts the following provisions of the Texas Business and Commerce Code:

• Chapter 302: The key change to this chapter made by SB140 was an amended definition of “telephone solicitation” to expressly include text, graphic, or image transmissions.
  • Key Takeaway for Vulcan7 customers: Since we do not currently provide texting functionality from our platform, this does not have an impact on the way in which you use our service.

• Chapter 304: The existing law prohibits, with certain exceptions, telemarketing calls to numbers on the Texas Do Not Call list and regulates fax solicitations and caller ID displays for telemarketing. SB140 simply allows a new way for consumers to pursue claims of alleged violations that already existed under the law.
  • Key Takeaway for Vulcan7 customers: We clearly designate do not call (DNC) numbers in our platform. We recommend that you follow all federal and local laws when calling any DNC numbers, and if applicable, get prior written consent before calling.

• Chapter 305: The existing law prohibits sales calls if the person calling knows or should have known that the number called is a mobile phone, that the recipient will be charged for that specific call, and the called person has not consented.  As it did with Chapter 304, SB140 expands upon an existing private right of action in Chapter 305 by establishing that a violation of the chapter is also a violation of Texas’s deceptive trade practices law.
  • Key Takeaway for Vulcan7 customers: Again, this change does not impact existing legal standards – by ensuring that you have prior consent, this prohibition is not implicated, In addition, the restriction is not likely to apply under current mobile plans available to consumers, because it requires that the person will be charged for the call (i.e., the person is charged per minute for incoming calls).

SB140 has been amended to clarify Texas’s telemarketing law includes texting and it opens the door to a new way for consumers to pursue claims for alleged violations that already existed under Texas law. However, these changes do not impact any of the ways that the Vulcan7 service should be used. As a Vulcan7 user, you can continue to prospect with confidence!

Disclaimer: This article is for informational purposes only and does not constitute legal advice. We recommend consulting with your own legal counsel to ensure your business practices are fully compliant with all applicable laws, including Texas SB 140.