The law went into effect just over a week ago, and it’s already being challenged. A group of companies claims that they rely on sending text messages for marketing.
HOUSTON — A new law passed by the Texas Legislature, designed to protect consumers from telemarketers, is facing a legal challenge.
Senate Bill 140, which took effect on Sept. 1, expanded the definition of “telephone solicitation” to include text messages. That means companies must now get written consent before texting consumers, provide options to opt out, register with the state, and face penalties if they don’t. Texans also gained the right to directly sue businesses if they break those rules.
A group of businesses, including Ecommerce Innovation Alliance, Flux Footwear, and Postscript, has filed a lawsuit against Texas state officials in response to the law, claiming they rely on those text messages for marketing.
It is one of the first tests of whether these tougher standards will hold up.
For consumers, the lawsuit won’t delay the protections already in place. They still have the right to opt out of unwanted marketing texts, report violators, and even file their own claims.
But the outcome could show how much power Texans have to push back against unwanted sales pitches.
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