As of September 1, 2025, the state of Texas has implemented Senate Bill 140 (SB 140), which significantly expands the Texas Mini-TCPA to include text message solicitations. This law introduces new restrictions and requirements for any business or individual sending marketing texts to Texas residents or from Texas.
At VipeCloud, we’re committed to providing the best infrastructure to help you stay compliant. However, the responsibility for legal compliance remains with each individual user.
This article explains what SB 140 is, what changes we’ve made in VipeCloud, how you can override those changes if they don’t apply to you, and what you need to do if you plan to send text messages that fall under SB 140.
🔎 What Is SB 140?
SB 140 makes the following changes to Texas telecommunications law:
Covers text messages: The law now applies to all text message solicitations, not just phone calls.
Mandatory quiet hours:
Monday–Saturday: 9:00 PM – 9:00 AM (recipient’s local time)
Sunday: Before 12:00 PM and after 9:00 PM
Registration requirement: Sellers who send text solicitations to or from Texas must:
Register with the Texas Secretary of State
Pay a $200 fee
Post a $10,000 surety bond or deposit
Penalties for violations: Up to $5,000 per violation, plus the possibility of private lawsuits, treble damages, attorney’s fees, and mental anguish awards.
👉 Important: SB 140 applies based on residency, not just phone number area codes. A contact may have an out-of-state number but live in Texas, which still brings your message under this law.
⚙️ What VipeCloud Is Doing
To protect both our users and the platform, we are making the following changes:
1. Quiet Hours
Mass, Automation, Series, and API texts will not send during restricted hours (9 PM – 9 AM Mon–Sat; only 12 PM–9 PM Sun).
This applies system-wide, regardless of whether you are registered or exempt. (We'll soon allow an override to this for customers where SB 140 is not applicable.)
2. Blocking Messages to Texas Contacts (Unless Overridden)
If carrier lookup data shows a contact’s number belongs to Texas, VipeCloud will block the message unless you tell us one of the following:
You are registered (with proof),
You are exempt (e.g. in business ≥2 years under the same name, only texting customers), or
SB 140 is not applicable (e.g. you are a California business that only has California customers).
3. Blocking Messages From Texas-Based Users (Unless Overridden)
If your account is based in Texas (your profile or billing information shows a Texas address), all of your text messages will be blocked unless you inform us of your registration, exemption, or that SB 140 does not apply to your messaging activity.
📝 How You Can Override Our Default Blocking
There are three ways you can override our system restrictions:
Registered
Provide proof of your SB 140 registration and bond filing to support@vipecloud.com.
Exempt
Tell us you qualify for an exemption (see next section).
Example: You’ve been in business under the same name for at least 2 years and are only texting prior or existing customers.
Not Applicable
Tell us SB 140 does not apply to you.
Example: You are a California business and only text California customers.
Please email support@vipecloud.com to let us know if you fall under any of these 3 override options.
🛡️ How a Business Can Be Exempt from SB 140
Some businesses do not need to register under SB 140 if they meet certain criteria. The most common exemptions include:
Existing or Former Customers Exemption
You’ve been operating under the same business name for at least 2 years, and
You only text existing or past customers.
Example: A shop that’s been in business for 5 years texting past buyers about new promotions.
Brick-and-Mortar Exemption
You operate a physical retail location in Texas, under the same name, for at least 2 years.
Example: An auto repair shop with a store front that has been open since 2019.
Other Statutory Exemptions
Certain categories of businesses are excluded (e.g., nonprofits, publicly traded companies, financial institutions, schools, and some food sellers).
👉 If you claim exemption, you should maintain documentation proving your eligibility in case of challenge.
📋 What You Need To Do
Determine Your Status
If you live in Texas → You must register unless you are exempt.
If you live outside Texas but message Texas residents → You must register unless you are exempt.
If you live outside Texas and do not message Texas residents → SB 140 is not applicable.
If Registering
File Form 3401 with the Texas Secretary of State
Pay a $200 registration fee
Post a $10,000 security deposit or surety bond
More info: Texas Secretary of State Registration Portal
Submit Proof or Notice to VipeCloud
Send proof of registration, exemption status, or not-applicable status to support@vipecloud.com so we can update your account.
⚠️ Important Reminders
VipeCloud will enforce quiet hours automatically, but you remain responsible for compliance.
Registration and exemption obligations apply to you as the seller, not VipeCloud.
Failure to comply with SB 140 may expose you to significant penalties.
For complete details, please review our updated Terms of Service.
🔄 We’re Monitoring the Situation
SB 140 is a new law, and like many regulations, its interpretation and enforcement may evolve. VipeCloud is actively monitoring the situation (including ongoing legal challenges) and will adjust our policies and platform controls as needed. We’ll keep you updated as new information becomes available.
For example, on September 2nd the Ecommerce Innovation Alliance and others filed a suit against Texas to block SB 140, requesting both preliminary and permanent injunctions of the law.
✅ Bottom line: If you send texts to or from Texas, you must either register, qualify for an exemption, or confirm the law doesn’t apply to you. VipeCloud enforces quiet hours system-wide and will block Texas traffic unless you provide proof of registration, exemption, or not-applicable status. Final responsibility rests with you as the business owner.