Last month, we shared the exciting news that the Ecommerce Innovation Alliance (EIA), alongside Postscript and Flux Footwear, secured a landmark settlement with the State of Texas regarding Senate Bill 140 (SB 140). This agreement was a massive win for the ecommerce industry, confirming that businesses sending text messages with prior affirmative consent are not “telemarketers” under Texas law.
Today, we are pleased to share a further update on the execution of that settlement.
The Secretary of State Formally Requests AG Clarification
As part of our settlement, the Texas Secretary of State (SOS) committed to seeking a formal opinion from the Attorney General to provide significant clarity for the business community. We can now confirm that on December 17, 2025, Secretary of State Jane Nelson officially submitted this request to Attorney General Ken Paxton.
In the formal letter, Secretary Nelson asks the Attorney General to memorialize the response his office provided to the courts in response to EIA’s legal challenge:
“Under Senate Bill 140 (89th Legislature, Regular Session), are businesses that send text messages to consumers who have agreed and signed up to receive marketing text messages from those businesses subject to the registration and disclosure requirements of Texas Business and Commerce Code Chapters 302 and 304 and potential liability under those provisions?”
Why This Matters for Your Business
The request for an Attorney General Opinion is a vital “long-term component” of our settlement designed to prevent future regulatory overreach. While the Secretary of State’s website already provides guidance, a published AG Opinion carries significant legal weight and serves as a powerful deterrent against future misinterpretations of the law.
The SOS’s request highlights several key points that reinforce our position:
- Purpose of the Act: The Texas Telephone Solicitation Act is intended to protect the public from “false, misleading, or deceptive practices,” not to penalize legitimate businesses communicating with consenting customers.
- Burdensome Requirements: Without this clarity, businesses could be wrongly subjected to filing registration statements, paying $200 fees, and posting $10,000 security deposits.
- Judicial Precedent: The request points to the Ecommerce Marketers Alliance litigation, noting the district court’s statement that “businesses which operate consent-based text message marketing campaigns are specifically exempted from Chapter 302”.
What Happens Next?
The Secretary of State has fulfilled her obligation under our settlement agreement. We will continue to monitor the Attorney General’s office as they review this request and prepare a formal opinion. This process ensures that the victory we secured in court is translated into lasting, stable policy for every ecommerce brand operating in Texas.
We remain committed to protecting the consent-based marketing ecosystem. Stay tuned for further updates as we move toward a final, binding resolution.
Join the EIA today to help strengthen and shape policies that affect all ecommerce businesses. Together, we can continue to create the future of ecommerce. Subscribe to EIA email updates to stay informed on key developments and their impact on your business.
