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Texas Text Message Law and Why Your Practice Is Exempt

Updated this week

Overview

Starting September 1, 2025, Texas will expand its telemarketing law to cover text messages (SMS and MMS).

Many med spa and wellness practice owners are asking:

“Do I need to register with the state or post a $10,000 bond just to text my patients?”

The answer: No. If you are a RepeatMD client, you are exempt.

This article explains why.

The New Law at a Glance (read on, as RepeatMD is exempt)

  • Texas now treats marketing texts the same way it treats telemarketing calls.

  • Businesses that don’t qualify for an exemption may have to:

    • Register with the Texas Secretary of State

    • Pay a $200 filing fee and post a $10,000 bond

    • Follow strict disclosure and recordkeeping rules

  • Violations can cost $500–$5,000 per text, and patients can sue for even more under consumer protection laws.

The Customer Exemption That Protects Your Practice

Texas law (§302.058) includes an important customer exemption.

You do not need to register or pay fees if:

  1. You are texting a current or former patient of your practice.

  2. Your text is about a product or service related to what they already purchased (e.g., treatments, memberships, gift cards, skincare).

  3. Your practice has been operating under the same name for at least two years.

This exemption applies directly to med spas, aesthetic practices, and wellness clinics using RepeatMD.

Why RepeatMD Keeps You Compliant

RepeatMD was designed for patient engagement, not cold marketing. That means:

  • Messages only go to your patients. No cold lists or purchased numbers.

  • All offers are related. You’re promoting treatments, skincare, memberships, or gift cards patients already know.

  • Built-in compliance. RepeatMD manages opt-ins, opt-outs, and patient consent records automatically.

By using RepeatMD, your patient communications fall under the exemption—keeping you safe from registration requirements, lawsuits, and fines.

What This Does Not Cover

The exemption does not apply if you:

  • Send texts to people who are not your patients

  • Buy or rent phone lists and mass-text strangers

  • Promote unrelated products or services outside of your practice

Those activities could expose you to legal and financial risk.

Key Takeaways for Practice Owners

  • You do not need to register with the Texas Secretary of State for using RepeatMD.

  • All patient communications through RepeatMD are protected by the customer exemption in Texas law.

  • You can continue to text patients about gift cards, memberships, treatments, and skincare—confidently and compliantly.

Final Note

RepeatMD was built to make patient engagement easy, effective, and safe. The new Texas text message law may look intimidating, but as long as you are messaging your own patients through RepeatMD, your practice remains fully exempt.


⚖️ This article is for informational purposes only and does not constitute legal advice. Please consult your attorney for guidance specific to your practice.


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