Texting in Texas Just Got Scarier
TCPA Compliance Guide with Texas Telephone Solicitation Act (Mini-TCPA as Amended by SB 140)
Introduction
The Telephone Consumer Protection Act (TCPA) is the federal law governing telemarketing, text messaging, robocalls, and other communications. Real estate syndicators, capital raisers, and related professionals must comply with TCPA to avoid significant fines and lawsuits. In addition to the federal law, Texas has passed its own “Mini-TCPA” (Texas Telephone Solicitation Act, Chapter 302 BCC), amended by SB 140, adding stricter requirements and greater liability. This guide provides a framework for TCPA compliance with Texas-specific obligations. Sending non compliant marketing texts can expose you to massive fines and private party lawsuits!
That's why I put this guide together for you to help you stay in compliance. There are essentially two layers, a Federal layer which has been in effect for a long time and an added State layer that added additional liability that just went into effect on September 1st 2025. Know that TCPA applies to all 50 states but as far as I know as of this writing, Texas is the only one requiring you to register for a telephone solicitor's license and hang it at a professional business address.
⚠️ Disclaimer: I am not an attorney and this guide does not constitute legal advice. For legal compliance, consult with qualified legal counsel familiar with TCPA and Texas state law.
Here are the goods:
Federal TCPA Compliance
Key Requirements
Prior Express Written Consent
Needed before sending automated text messages, pre-recorded calls, or telemarketing calls.
Consent must be documented and maintained.
Opt-Out Mechanism
Opt-out language (e.g., "Reply STOP to opt out") must be included in every marketing text message—not just the first one.
Honor opt-outs immediately (within 24 hours).
Calling Restrictions
Calls and texts only allowed between 8:00 AM and 9:00 PM local time (federal standard).
Maintain a company-specific Do Not Call (DNC) list.
Identification
Clearly identify your company’s name, business entity, and contact details in communications.
Recordkeeping
Retain consent forms, call logs, and opt-out requests.
Document training and compliance procedures.
Exemptions
Informational or transactional messages may be exempt but must avoid marketing language.
What Does Not Constitute a Marketing Message
Not all communications fall under the definition of "marketing" or "telemarketing" under the TCPA and Texas law. These are examples of non-marketing messages:
Transactional or Informational Messages
Appointment reminders, event logistics updates, payment confirmations, or account-related notices.
Example: “Your event begins tomorrow at 10 AM at the Courtyard Marriott.”
One-to-One Responses
Replies to individuals who have initiated communication or replied positively to your marketing outreach.
Example: If someone replies “Yes, I’m interested” to your text, responding with scheduling details is not considered a new marketing message.
Relationship-Based Notifications
Communications necessary to fulfill a service or product that the recipient has already agreed to.
Example: Sending instructions to access purchased content or event check-in details.
⚠️ Caution: Even if a message is not classified as marketing, businesses should:
Keep communication limited to the purpose of the response.
Avoid slipping in promotional content or upsells without consent.
Document consent and interaction history for compliance safety.
Texas Telephone Solicitation Act (Mini-TCPA as Amended by SB 140)
Step by Step Compliance: Licensing, Bonding, & Reporting Process
Professional Business Address & License Posting
A physical Texas office address must be listed on the license and bond filings so you want to get this first.
This must be a legitimate commercial office (no P.O. boxes).
A virtual coworking desk with a compliance board may be acceptable if it provides a staffed physical location that meets state requirements.
Since I office from home, this is the option I'm going with. As a bonus I have a place to get out of the house from time to time without the financial burden of a dedicated desk/office space. Also a professional business address, staffed front desk during business hours, meeting rooms etc... You'll have better luck negotiating what you need with smaller mom and pop co-working spaces rather than Regis or Wework as these typically want to sell you a dedicated desk/office to hang your license. Just make sure they're reputable and will stick around.
Texas law also requires that your telemarketing license be conspicuously displayed (“hung”) at your place of business.
Surety Bond Requirement
A bond $10,000 must be filed with the state to cover potential consumer claims. Before you have a heart attack thinking you need to put $10,000 into an escrow account, know that you can purchase a surety bond from a company that will put up the money for you for just a few hundred bucks and a passing credit check.
Estimate pricing: $100–$250 annually, depending on creditworthiness.
Resource: SuretyBonds.com
Telephone Solicitation Registration (Form Series 3400/3401)
Required for telemarketing via voice calls, SMS, MMS, and similar messages.
Submit form, pay $200, and post a $10,000 bond you acquired in step 1 (or equivalent).
Apply here by filling out the form and following the filing instructions: Texas SOS Telephone Solicitation Registration Form
All their other forms are available here https://www.sos.state.tx.us/other/forms.shtml#TSF.
Quarterly Reporting
Submit addendum listing all salespersons involved in solicitation or, if applicable, submit the TWC Employer’s Quarterly Report.
See Sample Quarterly Report at the bottom in the resources section. *Call the state to confirm this is acceptable as we haven't submitted it yet as of this writing and do not guarantee its efficacy.
Must be filed every quarter to maintain active registration. Failure to comply may result in cancellation of your registration.
If you are a sole proprietor with no employees, you must still file the quarterly addendum listing yourself as the sole solicitor.
Annual Renewal
Must renew each year with a $200 fee.
Registered Agent Requirement**
Texas requires you to designate a registered agent for service of process (this may be you, your attorney, or a registered agent service). If you are already a functioning corporation or LLC in Texas you should already have this.
The Texas SOS only acts as agent if no registered agent is designated.
Regulatory Scope & Enforcement
Applies to voice and text communications intended to sell or solicit.
Violations are enforceable under the Texas Deceptive Trade Practices Act (DTPA), allowing private lawsuits, treble damages, attorneys’ fees, etc.
Serial litigation is explicitly permitted—repeat violations can be sued again.
Calling/Texting Hours (Quiet Hours)
Monday–Saturday: Only between 9 AM and 9 PM local time.
Sunday: Only between 12 PM and 9 PM local time.
SMS Disclosure Rules
Requirement Must Include in Text Must Be Accessible Elsewhere Business Name Identification Yes N/A Opt-Out Instructions (“Reply STOP”) Yes N/A Registration/License Number No Yes – website, landing page, or documents Address Disclosure (pre-sale only) No Yes – required before completing a sale
Note: While Texas law mandates registration and disclosures before completing a transaction, there is no requirement to include your Texas license number in every marketing text message. It only needs to be accessible in campaign materials or landing pages.
Sample SMS Messages
✅ Compliant Opt-In Requests (Your CRM/automation should sort people based on their answers to these opt-ins)
Generic Business Opt-In
“Hey {{contact.first_name}}, it’s {{user.name}} with {{user.company}}. I’d like to stay in touch with you by text from time to time. Would you like to receive occasional updates from me? Please reply YES to opt in or NO to decline. (Reply STOP anytime to unsubscribe. Msg & data rates may apply.)”
(Your CRM/automation should be configured to sort people based on their answers to these opt-ins)Webinar & Investment Opt-In
“Hey {{contact.first_name}}, it’s {{user.name}} with {{user.company}}. I’d like to occasionally send you text updates with invitations to webinars and investment opportunities we’re working on. Would you like to receive these? Please reply YES to opt in or NO to decline. (Reply STOP anytime to unsubscribe. Msg & data rates may apply.)”
(Your CRM/automation should sort/DND people based on their answers to these opt-ins, and you should keep the timestamped YES reply on record to help demonstrate compliance.)
✅ Compliant Marketing Messages
Event Marketing:
“Hey {{contact.first_name}}, {{user.company}} invites you to join us Sept 12–13 at our upcoming summit in Fort Worth! Network w/ top professionals in real estate. [Link] Reply STOP to opt out.”Educational Offer:
“Hey {{contact.first_name}}, {{user.company}} is hosting a free webinar on raising capital in today’s market. Reserve your spot: [Link]. Reply STOP to opt out.”Follow-Up with Consent:
“Hey {{contact.first_name}}, thanks for signing up with {{user.company}}! Reminder: Workshop starts tomorrow at 10 AM. [Link] Reply STOP to opt out.”
❌ Non-Compliant Messages
Missing Opt-Out:
“Hey {{contact.first_name}}, {{user.company}} invites you to our upcoming event! Click [Link] to buy tickets.” (No opt-out instructions)No Business Identification:
“Hey {{contact.first_name}}, don’t miss our free training tomorrow! [Link] Reply STOP to unsubscribe.” (No clear sender identity)Sent Outside Quiet Hours:
“Hey {{contact.first_name}}, {{user.company}}: Join us today! [Link] Reply STOP to opt out.” (If sent at 7 AM Sunday — violates quiet hour rules)
Additional Compliance Considerations
Consent Recordkeeping
Always store opt-in responses (YES texts) with timestamp, phone number, and message body.
Keep audit logs or screenshots in your CRM.
Archive consent language used at the time of opt-in.
Penalties & Enforcement
Law Penalty per Violation Other Consequences Federal TCPA $500–$1,500 per call/text Class actions common Texas SB 140 / Mini-TCPA Treble damages under DTPA Attorneys’ fees, mental anguish, serial lawsuits
Enforcement Trends
Plaintiffs’ attorneys actively pursue TCPA and Mini-TCPA violations through class action lawsuits.
SB 140 explicitly allows serial litigation (multiple lawsuits for repeat violations).
Businesses should assume aggressive enforcement in Texas.
Practical Implementation
Use automation to enforce quiet hours, DNC scrubbing, and consent capture.
Example YES Confirmation Auto-Reply:
“Thanks {{contact.first_name}}! You’re now subscribed to updates from {{user.company}}. Reply STOP anytime to unsubscribe.”
Compliance Timeline
Quarterly: File salesperson addendum or TWC Employer’s Quarterly Report.
Annually: Renew Telephone Solicitation Registration (Form 3400/3401) and bond.
Ongoing: Maintain consent records, scrub DNC lists, and display/hang license at office.
Beware of Serial Litigants
What They Are: Individuals or firms who intentionally sign up for texts or calls to generate lawsuits.
Common Tactics:
Opting in, then quickly opting out and suing when further texts are received.
Using multiple phone numbers to bait businesses into violations.
Monitoring for quiet hour violations and technical slip-ups.
Claiming mental anguish or statutory damages under DTPA.
How to Protect Your Business:
Maintain ironclad records of consent with timestamps.
Automate opt-out compliance (instant STOP processing).
Monitor delivery times closely to avoid quiet-hour violations.
Regularly audit your CRM and campaigns for compliance gaps.
Train staff to handle inbound complaints quickly and document responses.
The Bright Side
Compliance isn’t just about avoiding penalties—it can actually make your marketing more effective. Here are some of the positive outcomes:
Your prospect list will be much hotter if everyone is properly opted in and genuinely wants to hear from you.
Compliance protects you from lawsuits and expensive penalties.
Opt-in processes build trust and credibility with investors and prospects.
Automated systems (CRM/DNC scrubbing/quiet hours) reduce risk while saving time.
Being transparent about who you are and how to unsubscribe strengthens your brand reputation.
Staying compliant ensures long-term scalability of your marketing campaigns.
Smart Syndicator has built in automations and weekly office hours calls to help make your job of compliance easier.
Other Resources:
Compliance Checklist
Federal TCPA
✅ Obtain and store express written consent (document and retain records).
✅ Include opt-out language in every marketing text message (e.g., “Reply STOP to opt out”).
✅ Restrict calling/texting times to 8 AM–9 PM local time.
✅ Clearly identify business name in every communication.
✅ Maintain and scrub against the federal DNC list.
✅ Retain training records, consent logs, and opt-out requests.
Texas Telephone Solicitation Act (Mini-TCPA as Amended by SB 140)
✅ Maintain a professional Texas business address (no P.O. boxes or virtual mailboxes).
✅ Register via Form 3400/3401 with the Texas Secretary of State.
✅ Pay $200 filing fee and post a $10,000 bond (renewed annually).
✅ Renew registration annually with a new $200 fee.
✅ Submit quarterly salesperson/TWC reports. (Put Recurring Event in your Calendar with Reminders)
✅ Maintain a designated registered agent for service of process (Texas SOS only acts as agent if no registered agent is appointed).
✅ Restrict messages to 9 AM–9 PM Mon–Sat and 12 PM–9 PM Sun.
✅ Scrub contact lists against both the federal and Texas DNC registries.
✅ Ensure license number and disclosures are accessible on websites/landing pages (not required in every SMS).
✅ Obtain Consent from existing contacts and all new marketing opt-ins.
✅ Document consent, opt-outs, DNC scrubbing, and compliance audits.
Sample Quarterly Addendum – Telephone Solicitation Registration
(For Instructional Purposes Only)
(Texas Business & Commerce Code §302.105)
Seller/Registrant Name: ________________________________________
Registration Certificate Number: ________________________________
Quarter Covered: Q___ 20___ (e.g., Q1 2025)
Salespersons Soliciting on Behalf of Seller During This Quarter
(If sole proprietor with no employees, list yourself only.)
Full Name of SalespersonTitle/RoleDate Began SolicitationDate Ended Solicitation (if applicable)
(Attach additional sheets if necessary.)
Certification
I certify that the above information is true and correct to the best of my knowledge, and that this addendum is filed in compliance with Texas Business & Commerce Code §302.105.
Signature: ____________________________________
Printed Name: _________________________________
Title: ________________________________________
Date: ________________________________________
Filing Instructions
Complete this Addendum each quarter after your registration or renewal.
If you are a sole proprietor, list yourself in the Salesperson section.
If you have employees or contractors making solicitations, list each one.
Print and Sign the form.
Mail or Deliver to the Texas Secretary of State:
By Mail:
Registrations Unit
Office of the Secretary of State
P.O. Box 13193
Austin, TX 78711-3193By Courier:
James Earl Rudder Office Building
1019 Brazos, Room 313
Austin, TX 78701
Fee: No additional fee required for quarterly addenda.
