Texas SMS Safeguard helps HighLevel users instantly comply with Texas SB 140 by blocking automation texts sent to or from Texas numbers—no workflow edits required. This guide explains what the safeguard does, why it matters, and how to enable it in seconds.
NOTE: This information is for educational purposes only and does not constitute legal advice. The content provided is general in nature and may not reflect the most up-to-date information. HighLevel strongly advises consulting with a qualified legal counsel to ensure your compliance with applicable laws and regulations in connection with your use of our services.TABLE OF CONTENTS
- What’s Changing with the Texas Mini-TCPA Law?
- What is Texas SMS Safeguard?
- Who Does This Apply To?
- Key Benefits of Texas SMS Safeguard
- Are There Any Exemptions?
- What Happens If I’m Not Exempt?
- What are the Risks?
- What Should I Do as a HighLevel Customer?
- What is HighLevel’s Role?
- How To Set Up Texas SMS Safeguard
- Frequently Asked Questions
- Resources
What’s Changing with the Texas Mini-TCPA Law?
Texas has amended its telemarketing law (Chapter 302, Business & Commerce Code), which previously applied only to voice telephone calls, to apply to text messages. The expansion of the law’s application to text messages means that you may need to register your business with the Texas Secretary of State if you are sending marketing messages to Texas residents or are located in Texas and sending marketing texts. The amendments also make it easier for individuals to file lawsuits and recover significant damages for violations.
IMPORTANT: These changes go into effect on September 1, 2025.What is Texas SMS Safeguard?
Texas SMS Safeguard is a single toggle inside HighLevel’s SMS Compliance settings that automatically prevents marketing or promotional SMS/MMS messages triggered by automations or bulk tools when either the recipient’s number is in Texas or the sending number has a Texas area code. The safeguard was introduced ahead of the Texas Mini-TCPA (SB 140) taking effect on September 1, 2025, which expands telemarketing rules to text messaging.
Who Does This Apply To?
The law applies to “sellers” and “telephone solicitors” who send marketing SMS/text messages:
- TO Texas residents (regardless of where you’re located)
- FROM Texas (regardless of where your recipients are located)
Examples:
- A California agency sending SMS to Texas consumers = May be covered
- A Texas agency sending SMS to California consumers = May be covered
- A Texas agency sending SMS to Texas businesses = May be covered
Key Benefits of Texas SMS Safeguard
- One-click SB 140 protection—no workflow rebuilds
- Covers Workflows and Bulk Messaging in every sub-account
- Custom error message (“Blocked by Texas SMS Safeguard…”) clarifies why a send failed
- Reduces legal exposure and accidental violations that can cost up to $5,000 per text
- Saves time by eliminating manual segmentation or exclusion logic
Are There Any Exemptions?
Yes, but they are narrow. Examples include:
- Certain publicly traded companies and their subsidiaries
- Certain financial institutions
- Educational institutions
- 501(c)(3) nonprofits
- Businesses marketing the sale of food
- Retail sellers with brick-and-mortar locations if it has operated under the same name for the last two years and a majority of sales occur at retail locations
- Businesses contacting their current or former customers if that business has operated under the same business name for the last two years
Note: Exemptions are fact-specific and the burden of proof is on you to demonstrate qualification. Consult legal counsel to determine if you qualify.What Happens If I’m Not Exempt?
You may need to:
- File a registration statement with Texas (including personal, financial, and business details that become “public information”).
- Pay a $200 application fee which will need to be renewed after one year.
- Post a $10,000 security deposit in the form of a bond executed by a corporate security, an irrevocable letter of credit, or certain certificates of deposit. Additional information regarding the form of any security can be found in Section 302.107 of the law.
- Comply with specific disclosure requirements and quiet hours restrictions.
Important: Your registration is only valid once the Texas Secretary of State issues the certificate, not when you submit the application. Registration is done with the state of Texas. Click here to learn more.
What are the Risks?
Non-compliance can result in:
- Civil penalties up to $5,000 per violation
- Treble damages under the Texas Deceptive Trade Practices Act (DTPA)
- Attorney fees and costs awarded to successful plaintiffs
- Increased risk of lawsuits (Texas now allows “serial” private actions, meaning a single campaign could expose you to multiple lawsuits for the same conduct).
What Should I Do as a HighLevel Customer?
- Review your audience and location:Are you sending messages TO Texas residents or FROM a location in Texas?
- Segment your lists: Consider excluding Texas numbers if you don’t want to take on the compliance burden (this only works if you are not located in Texas). You can do this easily with HighLevel workflows and/or smart lists!
- Strengthen consent: Make sure you have documented opt-in proof for every contact.
- Talk to your attorney: Determine if an exemption applies or if you need to register and post a bond before September 1, 2025.
What is HighLevel’s Role?
HighLevel is a platform provider only. We do not act as the telemarketer or seller. You (the agency/business) control:
- Who receives messages
- What messages say
- When messages are sent
- Whether you qualify for an exemption
You are the “seller” or “telemarketer” for all legal purposes.
Takeaway: If you send SMS to Texas residents or from a Texas location, you are responsible for compliance with the new law. Please consult your counsel before September 1, 2025. You can also contact the Texas Secretary of State with questions or for additional information.How To Set Up Texas SMS Safeguard
Enabling the safeguard takes less than a minute and instantly applies across the sub-account.
Log in to the desired Location (sub-account).Click Settings in the left-hand menu. Choose Phone Numbers, then select Additional Settings. Open the SMS Compliance tab. Toggle Texas SMS Safeguard ON and click Save.
Frequently Asked Questions
Q: Does the safeguard block messages already scheduled in a Workflow?
Yes. When the scheduled step executes, HighLevel re-checks compliance and will block the send if the conditions match.
Q: Will my transactional messages (e.g., appointment reminders) be blocked?
No. Only marketing/promotional texts sent via automations or bulk tools are affected. 1:1 and transactional messages still deliver.
Q: How do I know which numbers count as “Texas”?
HighLevel uses NANP area codes. If you purchased or ported a number with a Texas area code, it’s treated as “from TX.” Recipient area codes are similarly evaluated.
Q: Can I whitelist specific contacts or campaigns?
Not at this time. The safeguard is an all-or-nothing switch designed for maximum SB 140 protection with minimal configuration.
Q: Does enabling the safeguard mean I don’t need to register with Texas?
No. The safeguard reduces accidental violations but does not replace state registration or other legal obligations. Always consult qualified counsel.
Q: Will the toggle stop manual texts sent by Users?
No. The safeguard only covers automation and bulk sends. 1:1 messages in the Conversations view are still permitted.
Q: If I turn the toggle off, are previously blocked messages retried?
No. Messages blocked by the safeguard are not queued for retry. You would need to resend them manually or through a new automation run.
Q: Is the feature available at the Agency level?
Yes. Agency Admins can enable or disable it per Location; there is no global-all-locations master switch.
Resources
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