Texas SMS Safeguard: One-Toggle SB 140 Compliance in Sparkforge

Texas SB 140 expanded the state’s telemarketing law to cover text messages effective September 1, 2025. Texas SMS Safeguard is a single Sparkforge toggle that blocks automated marketing SMS/MMS whenever a Texas number is the sender or recipient — no workflow rewrites required.

This article is general information, not legal advice. Consult qualified counsel about your specific obligations.

What Texas SMS Safeguard Does

When enabled at the sub-account level, the safeguard checks every automation and bulk SMS send. If the sending number has a Texas area code or the recipient’s number is in Texas, the message is blocked with a clear error: Blocked by Texas SMS Safeguard. One-to-one messages and transactional sends (like appointment reminders) are not affected.

Who SB 140 Applies To

The law targets sellers and telephone solicitors sending marketing SMS:

• To Texas residents, regardless of where you’re located.
• From a Texas location, regardless of recipient location.

Examples: a California agency texting Texas consumers, a Texas agency texting California consumers, and a Texas agency texting Texas businesses can all be covered.

Why It Matters

• Civil penalties up to $5,000 per violation.
• Treble damages under the Texas Deceptive Trade Practices Act.
• Attorney fees awarded to successful plaintiffs.
• Texas now permits serial private actions — one campaign can trigger multiple lawsuits.

Exemptions Are Narrow

Some categories may be exempt, including certain publicly traded companies, financial institutions, educational institutions, 501(c)(3) nonprofits, food sellers, and qualifying brick-and-mortar retailers or businesses contacting current/former customers (with two-year same-name operating histories). The burden of proof is on you. Talk to your attorney.

Registration if You’re Not Exempt

• File a registration statement with Texas (becomes public information).
• Pay a $200 application fee, renewed annually.
• Post a $10,000 security deposit (bond, irrevocable letter of credit, or qualifying CD) per Section 302.107.
• Follow disclosure requirements and quiet-hours rules.

Registration is only valid once the Texas Secretary of State issues the certificate.

Enable Texas SMS Safeguard

1. Log into the desired sub-account (location).
2. Click Settings in the left-hand menu.
3. Open Phone Numbers > Additional Settings.
4. Switch to the SMS Compliance tab.
5. Toggle Texas SMS Safeguard on and click Save.

What to Do Next

• Audit your audience: are you texting Texas residents or sending from Texas?
• Segment your lists with workflows or smart lists if you want to exclude Texas numbers.
• Document opt-in proof for every contact you send marketing SMS to.
• Talk to your attorney about exemptions and registration before September 1, 2025.

Sparkforge’s Role

Sparkforge is the platform provider. You decide who receives messages, what they say, when they send, and whether you qualify for an exemption. For SB 140 purposes, you are the seller or telemarketer.