By Patrick O’Brien, General Counsel, American Med Spa Association

A new law in Texas goes into effect on September 1, 2025, and it may affect how Texas medical spas do text, SMS or MMS marketing. The law was adopted under Senate Bill 140 (SB 140) and expands the definition of “telephone solicitation” to include “a text or graphic message or of an image.” Under the existing law, businesses that make telephone solicitation from Texas or to people located in Texas will need to register with the secretary of state unless an exemption applies. SB 140 also strengthens penalties for violating the Texas Telemarketing Disclosure and Privacy Act.

Registration for businesses that make telephone solicitations involves submitting an application, paying a fee and posting a security bond. The current filing fee is $200, and the security bond is $10,000. The Texas secretary of state has a webpage with an FAQ and links to the application forms. Registered companies will also need to file quarterly updates on who is performing their solicitations.

The telephone solicitation law also has a number of exemptions that would allow a business to avoid registration if it qualifies. Many of the exemptions are very situation-specific, such as soliciting for the sale of food or soliciting on behalf of a non-profit. However, there are two exemptions that are more broadly applicable and may apply to some medical spas’ marketing practices. The above exemptions are not automatic, and you will still need to determine if you qualify. They are:

• Solicitation of former or current customers; and
• Persons who make certain sales presentations or make sales at established retail locations.

This is an excellent opportunity for all Texas medical spas to review their marketing programs. If they don’t involve texting or calling, this new law may not affect you. If you do use texting, you will need to determine if you need to register or if an exemption applies.

An important note: If you outsource your marketing to an outside company, you are not automatically “compliant” or “exempt.” You will still need to contact your marketing company to review their use of texting on your behalf. Since this law and the exemptions can be somewhat technical, you may want to contact your legal counsel to help review your marketing practices and see if an exemption applies in your situation.