Relating to certain definitions relating to the regulation of and private rights of action arising from certain solicitation-related communications.

Contracts

• Vendor Indemnification: You must amend Master Services Agreements (MSAs) with all third-party marketing agencies and lead generators. Insert strict indemnity clauses covering Texas Business & Commerce Code Chapters 302, 304, and 305.
• Lead Acquisition: Purchase agreements for consumer data must be updated to require warranties that "prior express written consent" explicitly covers the transmission of graphics and images, not just text or voice.

Hiring/Training

• Inbound Call Scripts: Because SB140 defines calls resulting from direct mail (postcards/letters) as "telephone solicitations," intake staff must be retrained to provide specific statutory disclosures immediately upon answering these calls.
• Marketing Compliance: Marketing teams must be trained that sending an image (MMS) now carries the same legal weight and scrubbing requirements as a cold call.

Reporting & Record-Keeping

• SMS/MMS Scrubbing Logs: You are required to maintain time-stamped audit trails proving every mobile number was scrubbed against the Texas Do-Not-Call list prior to transmission.
• Consent Granularity: Update CRM fields to distinguish between consent for "text" and consent for "images/graphics." Legacy consent forms may be insufficient for MMS campaigns under the new "liberal construction" standard.

Fees & Costs

• Litigation Exposure: The primary cost driver is the integration with the DTPA, allowing for treble damages (3x actual damages) per violation.
• Insurance Premiums: Expect increases in Cyber or Media Liability premiums. You must verify that your policy covers statutory violations and DTPA claims, as standard General Liability policies often exclude them.