At Justuno, we take compliance seriously always putting consent, customer respect, and best practices at the forefront.
As of August 1, this is Justuno’s interpretation of the new Texas Mini-TCPA policies. While we provide guidance on best practices, we always recommend consulting with a qualified legal professional for any compliance-related requirements.
Texas’s recent amendments to its mini-TCPA (set to take effect September 1, 2025) bring important updates for SMS senders. Here’s a clear, actionable breakdown:
- Text Messages Are Officially Included, but Your Opt-In Process Holds Firm
Texas’s mini-TCPA now explicitly covers text, graphic, and image messages, expanding its definition of “telephone solicitation.” Fortunately, if you’re using Justuno’s standard opt-in workflows, you’re already getting consent in the right way. No changes needed. -
"Quiet Hours" Extend to SMS, but Opt-In and Relationships Change the Game
Texas specifies new Quiet Hours for SMS:
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Monday - Saturday: 9 p.m. - 9 a.m.
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Sunday: before 12 p.m. and after 9 p.m.
But there are important exceptions:
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Messages sent at the consumer’s express request, or
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Messages sent to those with a prior or existing business relationship
…may be exempt from Quiet Hours. While the law doesn’t define those terms, here’s our recommendation:
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Utilize your SMS marketing provider's Quiet Hours controls to prevent sends during restricted times.
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As a best practice (in the face of ambiguity), avoid sending messages between 8 p.m.–12 p.m. ET, and on Sundays before 2 p.m. ET.
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When in doubt, consult your legal counsel.
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- Registration Now Applies to SMS Senders, know Your Requirements
With text now included, Texas requires businesses sending “telephone solicitations” (including SMS) to:
• Register with the Texas Public Utility Commission (PUC)
• Pay a $200 registration fee
• File a $10,000 security deposit
Failure to comply can result in $5,000 fines per violation.
Who may be exempt? If your use case matches one of the following, you might qualify:
• You only message consumers with whom you have an existing business relationship
• Your messages are not promotional/sales-oriented
• You are a publicly traded company, registered with the SEC or the State Securities Board
But remember: these exemptions aren’t clearly defined in the law. Section 302.003 even encourages a liberal interpretation of the registration requirement, meaning if you’re unsure, it’s safer to register.
Need to register? You’ll find the necessary forms and info on the Texas Secretary of State’s website. - Alternatively, you could ensure you never send a non exempt sms marketing message again.
These new policies don't mean you can't collect Texas based mobile numbers. It's restricting who/when/why you can send SMS messages to.
This means you don't necessarily have to change anything related to your Justuno SMS capture strategy and there may be good reason to not. These new policies are getting challenged and may fall or change and you may wish you didn't stop collecting these numbers if you can later send to them or if you later change your mind about registering.
So if you wish to temporarily suspend sending messages to Texas folk, you should look into your SMS marketing provider for options to suppress those subscribers.
If you want to stop collecting SMS for Texas based people, you have a couple options that I've broken down in this video.
Texas' requirement for posting a $10,000 security deposit can be satisfied by obtaining a Surety Bond. This option has a small annual fee rather than paying the full deposit amount which helps you avoid tying up your funds. If you prefer not to get a bond, you may be able to use a Letter of Credit or Certificate of Deposit to show that you have the necessary funds. We always suggest working with your own bank, lender, and legal team to ensure you choose the best option that aligns with your overall goals.
In Summary: What Justuno Customers Should Do
|
Component |
What You Should Do |
|---|---|
|
Opt-in |
Continue with Justuno’s standard opt-in with compliant consent rules. |
|
Quiet Hours |
Use your SMS marketing provider's Quiet Hours features. Avoid messaging 8 p.m. - 12 p.m. ET (Mon - Sat), Sundays before 2 p.m. ET. Consult legal for edge cases. |
|
PUC Registration |
Assess if your messaging triggers registration. If unsure, register to avoid penalties. |
Final Thoughts
These Texas Mini-TCPA updates reinforce the importance of responsible, consent-driven messaging and Justuno’s platform already equips you with tools to navigate these nuances effectively. We’re committed to helping you adjust so your campaigns are not only effective, but legally sound.
As of August 1, this is Justuno’s interpretation of the new Texas Mini-TCPA policies. While we provide guidance on best practices, we always recommend consulting with a qualified legal professional for any compliance-related requirements.