SMS Marketing in Texas? Read This Before Sept 1st

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Texas Is Changing the Rules for SMS Marketing
Starting September 1st, 2025, if you're sending commercial SMS to residents of Texas and you're not registered with the state, you could be in violation of new laws.

This isn't theory. It's compliance. And ignoring it could mean serious fines for your business.

Here's the breakdown.

What’s Changing?
Texas is updating its Business and Commerce Code. If you’re sending SMS messages to customers in Texas, you’ll now need to:

• Register with the Secretary of State

• Pay a $200 fee

• Secure a $10,000 bond or letter of credit

Klaviyo and other ESPs will not handle this for you. It’s on you.

Does This Affect You?
To check if this applies to you, create a segment inside Klaviyo or your SMS platform based on subscribers whose state or region is set to Texas.

Keep in mind: location data isn't always perfect, so this won’t be 100% reliable—but it’s a good starting point.

Are There Any Exemptions?
Yes. You may be exempt if you fall into one of the following categories:

• Nonprofits

• Food delivery businesses

• Retail businesses with physical locations in Texas that have operated under the same name for 2+ years

• Publicly traded companies

• Financial or educational institutions

• Businesses contacting current or former customers, as long as your business has operated under the same name for 2+ years

If that last point applies, you’re probably good—but don’t assume. Confirm with a legal adviser.

Why This Matters Beyond Texas
Other states are watching. If Texas rolls this out smoothly, expect states like California, Florida, and New York to follow.

Now is the time to get your compliance in order.

What To Do Next

1. Confirm if you’re exempt

2. If not, register with the Texas Secretary of State [link here]

3. Secure your $10,000 bond

4. Update your internal compliance documentation

5. Talk to your legal team

If you're unsure or want help navigating this, reply to this email or reach out.

I also break this kind of stuff down twice a week inside the newsletter and on YouTube. If you're not subscribed, you’re probably missing money.

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