What Texas Medspas Need to Know About the New SMS Marketing Law

Starting September 1, 2025, a new Texas law (SB140) changes the rules for text message marketing. So, if your medspa sends clients promotional texts about discounts, services, or events, this law may affect you. Let’s dive into what this really means.

What’s Changing?

Texts now count as telemarketing. In other words, marketing by SMS, MMS, or image message is now treated the same as sales call.

This doesn’t necessarily mean you can never send a marketing text, though! If sending marketing texts is extremely important to how you run your business, you’ll need to:

• Register with the Texas Secretary of State
• Pay a $200 fee
• Post a $10,000 security bond
• File quarterly reports about who is sending these texts

That can sound like a lot to do to send text messages to your clients, but the penalties are tougher. Breaking the rules could mean fines, lawsuits, or even both.

Why it Matters for Medspas

If you continue to send marketing text messages in Texas, you could face penalties worth thousands of dollars per text. And if the client feels you broke the rules, they can sue you and your business.

What You Should Do Now

This news could come as a shock, and you might be wondering what you should be doing as the next step.

1. Look at your texts. Are you only texting current clients, or also sending promos to new leads?
2. See if you’re exempt. If not, get registered before sending out marketing texts.
3. Talk to your vendors. If you work with an agency, make sure they are aware of the new law.
4. Get legal advice. A lawyer can confirm if your medspa qualifies for an exemption.

Bottom Line

Texting is still a great way to connect with clients, but now it comes with more rules if you’re based out of Texas. Check your current marketing practices, decide if you need to register, and make sure you’re set up properly!