The Big Change: Why Texas SB 140 Matters to Moving Companies
If you’re running a moving company in Texas — or you market to Texas residents — there’s a significant change on the horizon that could seriously impact how you communicate with your leads and customers.
On September 1, 2025, Senate Bill 140 officially becomes law. It significantly tightens the rules around SMS marketing and expands liability for businesses that fail to comply. For moving companies that rely on texting to send quotes, promote last-minute availability, or stay top of mind, this is a big deal.
At Moving Marketing Results, we work exclusively with moving company owners across the U.S., and we’ve already seen how similar laws in other states have affected day-to-day marketing operations. SB 140 poses a real legal risk if you continue to send promotional messages without explicit consent.
In this guide, we’re going to explain:
- What SB 140 changes
- What it means for your SMS marketing strategy
- What actions do you need to take before the law kicks in
By the end, you’ll understand the risks, the new requirements, and how to keep your marketing compliant while still generating leads effectively.
What Is SB 140, and What Does It Actually Say?
SB 140 is a new Texas law that updates the state’s telephone solicitation rules to include modern forms of communication, especially text messages.
Here’s what it does:
- Expands the definition of telephone solicitation to include any text, graphic, or image sent to a consumer’s mobile device for the purpose of selling or promoting services.
- Gives private citizens the right to sue companies that send these messages without proper consent.
- Links violations to the Texas Deceptive Trade Practices Act (DTPA), opening the door to significant financial penalties.
The law is written to be broad, which means even a well-intentioned promotional message could now be a violation if the recipient didn’t explicitly agree to receive it.
If your CRM or sales team sends out messages like “Get 10% off your weekend move” or “We’ve got openings this week — reply to book,” and you don’t have a clear, documented opt-in from the recipient, SB 140 considers that a violation.
And because it ties into the DTPA, you’re not just dealing with small fines. You could be facing private lawsuits, legal fees, and damages that multiply rapidly.
What Counts as a “Telephone Solicitation” Under This New Law?
SB 140 defines telephone solicitation broadly — much broader than most moving companies are used to. Under this law, the following all qualify as solicitations:
- Text messages with offers or promotions
- Messages that include images or graphics
- Any outreach with the intent to sell services
Let’s break it down.
If you’re sending:
- A text that offers a limited-time discount
- A message asking if someone still needs help moving
- A photo of your moving truck with a “Book Now” CTA
…and you don’t have explicit, recent consent from that person, that’s considered a telephone solicitation under SB 140.
The law also makes no exception for whether it’s a one-off message or part of an automated campaign. The content and intent of the message are what matter.
This means that even a single promotional message to someone who hasn’t opted in could create liability.
The Legal Risk: Private Lawsuits and DTPA Penalties
This is where the law really has teeth.
SB 140 allows any individual to file a lawsuit if they believe they’ve received an unauthorized solicitation. That alone is risky, but it gets worse. The bill connects violations to the Texas Deceptive Trade Practices Act, which opens the door to:
- Actual damages
- Attorney’s fees
- Injunctive relief
- Potentially multiple claims for the same violation
In plain English, even if someone only gets one text they didn’t want, they can sue you. And because of the DTPA link, penalties can accumulate quickly.
This is especially dangerous for smaller moving companies. If you’re operating on thin margins and relying on direct outreach to fill your calendar, one lawsuit could become a significant business disruption.
We’ve seen companies in other states face severe financial and reputation damage from similar private action laws tied to text marketing. The good news is, all of this is avoidable with the right setup.
How SB 140 Differs from the Federal TCPA
You might be thinking, “Isn’t this already covered by the TCPA?” It’s a fair question. The Telephone Consumer Protection Act is a federal law that regulates robocalls and text messages.
But SB 140 is more aggressive in a few key ways:
| Feature | TCPA | SB 140 (Texas) |
| Covers Text Messages? | Yes | Yes |
| Consent Required? | Yes | Yes, more strict |
| Includes Graphics or Images? | Not clearly defined | Yes, explicitly included |
| Private Right of Action? | Yes | Yes |
| Tied to State-Level Law? | No | Yes, linked to DTPA |
| Multiple Damage Claims Allowed? | No | Yes |
The biggest difference is how SB 140 integrates with state enforcement mechanisms. While the TCPA sets national standards, SB 140 provides Texas residents with additional tools to pursue violators. It also has a broader definition of what counts as solicitation.
Bottom line: If you’re already following TCPA best practices, that’s a good start — but not enough. You also need to meet the stricter Texas standards.
What This Means for Your Moving Business
The practical impact of SB 140 is significant, especially for moving companies that rely on texting as a go-to marketing channel. If your team has ever sent out last-minute availability updates, seasonal offers, or follow-up reminders via SMS, you now need to review how those messages are sent and ensure you have the proper consent to send them.
Things can go sideways when text campaigns are launched without a proper compliance framework. Even a single message to the wrong person can trigger legal action if you don’t have proof of opt-in.
Some of the most common risks we’re seeing among moving companies include:
- Sending bulk texts to old leads who never gave clear permission
- Using promotional language in appointment reminders
- Failing to include opt-out instructions in SMS content
- Not maintaining a clear record of when and how a contact opted in
These practices, while common, are now high-risk under SB 140. That’s why it’s critical to audit every message and list you use. Even if you’ve used the same text campaign for years without a complaint, continuing under the new law without updates is no longer safe.
If your business operates in Texas or targets customers in Texas, compliance isn’t optional. Whether you manage your texting internally or use a third-party vendor, your business will still be held accountable.
How Moving Companies Can Stay Compliant with SB 140
The good news is that with the right processes in place, your moving company can continue using SMS as an effective marketing tool. However, from this point forward, compliance must be built into your strategy, not added as an afterthought.
Here’s what we recommend at Moving Marketing Results:
1. Audit All SMS Messaging
Identify every type of message your business sends. Is it promotional, transactional, or somewhere in between? Separate them and assess the risk.
2. Implement Proper Opt-In Procedures
This is not optional. Every contact you send promotional messages to must have opted in through a process that’s clear, documented, and recent. Avoid vague language like “Subscribe for updates.” Be specific: “I agree to receive promotional SMS messages from [Company Name].”
3. Use a Trusted SMS Platform
Your text messaging platform should support proper consent management, message logging, and opt-out functionality. If you’re still using manual texting from a cell phone or a generic CRM, you may be exposed.
Not sure where to start? Check out our recommendations for moving company CRMs to find the one that’s right for you.
4. Make Opt-Out Easy
Every marketing message should clearly state how to opt out of messages. “Reply STOP to unsubscribe” should be a standard message.
5. Maintain Consent Records
Whether through a CRM, spreadsheet, or automation tool, you need to track when, where, and how each contact opted in. This record serves as your legal defense in the event a complaint arises.
6. Train Your Team
Your sales reps, dispatchers, and admin staff need to understand the difference between marketing and operational messages. A training session now can prevent a compliance issue later.
These changes don’t need to be complicated, but they do need to be intentional. At Moving Marketing Results, we help our clients integrate compliance into their workflows, enabling them to continue texting without crossing legal boundaries.
Best Practices for SMS Marketing Under the New Rules
Compliance is the baseline, but to maximize the benefits of SMS marketing while staying within the law, you’ll want to follow a few innovative best practices for email/SMS marketing.
These are the same standards we recommend to all of our clients:
Keep Messages Short and Relevant
The more personal and practical your message, the less likely it is to be flagged or ignored. Generic blasts are more likely to annoy recipients and trigger complaints.
Send at Appropriate Times
Avoid texting early in the morning, late at night, or on holidays. Stay within standard business hours to minimize unnecessary delays and conflicts.
Avoid Salesy or Aggressive Language
Promotions should be clearly written but never pushy. Avoid phrases like “Act Now!” or using emojis and all caps excessively. These can feel spammy and may draw unwanted attention.
Segment Your List
Don’t send every promotion to every contact. Segment your list based on service areas, past customers, or interest level. A well-targeted message will convert better and reduce opt-outs.
Test and Monitor Responses
Watch opt-out rates, response times, and customer feedback. A spike in opt-outs or complaints can be an early warning sign of a compliance issue or poor message quality.
By following these practices, your company can continue to use text marketing without compromising compliance. In fact, many of our clients have experienced improved engagement after refining their SMS processes. Why? Because good compliance often results in better messaging and a cleaner list.
Insurance and Legal Exposure: What You Need to Know
One overlooked part of this conversation is how your business insurance fits into the picture. If your moving company is sued under SB 140, will your policy cover it?
In many cases, the answer is no.
Standard general liability and commercial insurance policies typically exclude coverage for claims related to telemarketing violations, including those under the TCPA and now SB 140. If your business is found in violation, you may be fully responsible for damages and legal costs.
Here’s what you should do now:
- Review your policy with your insurance agent
- Ask specifically about coverage for text message marketing and related claims.
- If your current policy doesn’t cover this risk, ask about riders or specialized coverage options
Some companies opt to add Errors and Omissions (E&O) or Media Liability coverage, which includes communication-related legal risks. It’s worth exploring, especially if you plan to continue texting as part of your lead generation strategy.
Legal exposure under SB 140 is real, but it can be managed effectively with the right preparation and coverage in place.
Monitoring, Auditing, and Staying Ahead of Future Laws
Compliance isn’t a one-time task. As a business owner, you need a system in place to monitor your marketing activity and stay ahead of evolving rules.
Here’s how we advise our clients to handle this:
Schedule Regular Audits
At least quarterly, review your opt-in records, text message templates, and contact lists. Ensure that everything still meets current standards and that no outdated campaigns are still active.
Use Tools with Built-in Compliance Features
Platforms like Twilio, Podium, and others offer tools that automate opt-in and opt-out workflows. Choose solutions that do the heavy lifting when it comes to compliance.
Designate a Point Person
Someone on your team should be responsible for monitoring compliance. This person should stay up-to-date on new laws and coordinate with the marketing and operations teams as needed.
Stay Informed
SB 140 might be the first major state-level SMS law to impact your business, but it won’t be the last. California and Florida already have similar laws in place. More states are likely to follow. Join industry newsletters, follow marketing compliance blogs, or work with an agency that keeps track of these developments for you.
By staying proactive, your moving company can continue to benefit from SMS marketing while protecting its reputation and maintaining a strong bottom line.
How to Handle Complaints or Legal Threats
No business wants to receive a legal threat or a complaint, but with laws like SB 140 in effect, it’s a risk that can’t be ignored. If someone reaches out saying they received an unsolicited message or threatens to report your company, how you respond can make a big difference. Here’s what we recommend:
1. Immediately Stop Communication
Don’t send follow-up messages or explanations. If someone feels you’ve violated their privacy, more messages only escalate the issue.
2. Document Everything
Keep a record of the original message, the recipient’s response, and most importantly, any opt-in documentation you have on file. If you used a CRM or SMS platform, download the logs for that contact.
3. Contact Legal Counsel
Even if it seems like a misunderstanding, having a small business attorney review the complaint can help you avoid future issues. They’ll help you assess risk and respond appropriately.
4. Use It as a Learning Opportunity
Review your systems and processes to identify what went wrong. Was the contact old? Was the opt-in unclear? Use the situation to refine your procedures and mitigate future risks.
A single complaint doesn’t have to turn into a lawsuit, but if it’s handled poorly or ignored, it could. Taking a transparent, respectful, and professional approach is always the best course of action.
Real-Life Scenarios for Moving Companies Under SB 140
Let’s walk through a few examples we’ve seen from clients in the field and explain how SB 140 could apply.
Scenario 1: Old Lead, New Promo
You text a former lead from last year, offering 20% off weekend moves. They never explicitly agreed to receive marketing texts, but they filled out a quote form at the time.
Outcome: This would likely be a violation. SB 140 requires explicit, current opt-in consent for promotional texts. A year-old quote request doesn’t count.
Scenario 2: Appointment Reminder with Added Offer
You send a customer a reminder text for their scheduled move, but you include a note about 10% off packing services.
Outcome: This could be risky. While reminders are allowed, the discount promotion is considered a marketing message, requiring an opt-in.
Scenario 3: Referral Text from a Realtor
A realtor gives you a list of new homebuyers. You send a welcome text offering your moving services.
Outcome: This is not compliant. Even though the intent is friendly, there was no direct opt-in from the recipient.
Scenario 4: Review Request After a Move
You text a customer thanking them for their business and include a link to leave a review.
Outcome: Generally safe, especially if the message is not promotional. Still, it’s best to reserve these messages for confirmed customers who’ve opted in.
These examples illustrate how easily one can unintentionally cross the line. This is why your messaging content and timing need to be closely reviewed.
Frequently Asked Questions from Moving Company Owners
“If someone opted in a year ago, is that still valid?”
Probably not. Best practice under SB 140 is to treat consent as valid for a limited window unless the customer has actively engaged with you or renewed their opt-in.
“Do these rules only apply to Texas-based companies?”
No. If you’re texting a person with a Texas area code or physical address, you are subject to the law — even if your company is based in another state.
“Are transactional messages covered by this law?”
Transactional messages, like appointment confirmations or move reminders, are not considered marketing. However, they must remain purely operational. Adding any promotional language can reclassify them.
“Can I rely on my CRM or marketing vendor to handle compliance?”
No. The law holds your business responsible, not your software or agency. Even if a third party sends the message, the liability remains yours.
“What’s the safest way to get consent?”
Use a clear, written opt-in form that spells out that you’ll be sending promotional texts. Store that data in a CRM or system with logging capability.
Your SB 140 Compliance Timeline: What to Do Now
With the law taking effect on September 1, 2025, there’s still time to get your SMS systems in order. But you’ll need to move with intention. Here’s a suggested roadmap:
Today
- Review every SMS campaign currently running.
- Audit your consent processes and lead collection points.
Next 30–60 Days
- Update all opt-in language on forms and websites to ensure consistency.
- Reconfirm consent with your existing SMS list.
- Train your team on what messages are allowed.
90 Days Out
- Pause all campaigns with questionable compliance.
- Implement tracking and logging for all new opt-ins
- Confirm your CRM or SMS tool meets legal standards.
Final Month
- Double-check message templates.
- Review insurance and legal coverage.
- Do a complete internal compliance audit.
At Moving Marketing Results, we’ve already helped clients build and execute these timelines. A phased approach makes the changes manageable and helps avoid costly last-minute rushes.
Final Thoughts: Compliance Is Smart Marketing
SB 140 might feel like a setback if you’ve relied on text marketing to keep your calendar full. But in reality, it’s an opportunity to refine your outreach, safeguard your business, and connect with customers more responsibly.
Yes, the law is strict. Yes, the penalties are real. But so is the value of a well-executed, compliant SMS strategy.
By taking action now, your moving company can stay ahead of the curve. You’ll not only avoid legal trouble, but also build the kind of trust that turns one-time customers into repeat clients and referral sources.
At Moving Marketing Results, we’re helping moving companies adjust their systems, rewrite their SMS templates, and rethink how they collect and manage lead data. If you need help creating a compliant, high-performing marketing plan, we’re here for that. Reach out today for a consultation and make sure that you and your audience are protected with every text, every time.
Ready for more expert marketing advice? Explore our blog to find marketing articles to boost your moving business.
