Overview
Starting September 1, 2025, Texas expanded its telemarketing law to cover text messages (SMS and MMS). Many med spa and wellness practice owners ask whether they must register with the state or post a $10,000 bond just to text patients.
If your practice uses RepeatMD to message existing patients about related services, you likely qualify for Texas’s customer exemption and do not need to register or post a bond for those messages.
This article explains the law at a high level, the exemption criteria, and how RepeatMD supports compliant patient engagement. It is not legal advice.
Before You Start
This article applies to Texas practices messaging patients about treatments, memberships, gift cards, skincare, and related services.
RepeatMD manages opt-in, opt-out, and consent records for patient text messaging. Your team should still follow your practice’s communication policies.
The exemption covers messaging your patients about related products and services. It does not cover cold marketing to non-patients or purchased phone lists.
Consult your attorney for guidance specific to your practice.
Why It Matters
Non-exempt businesses may need to register with the Texas Secretary of State, pay fees, post a bond, and follow strict disclosure rules. Violations can cost $500 to $5,000 per text, and patients can sue under consumer protection laws.
Understanding the customer exemption helps you continue patient engagement through RepeatMD without unnecessary registration steps, while avoiding activities that fall outside the exemption.
How It Works
The law at a glance: Texas now treats many marketing texts like telemarketing calls. Businesses that do not qualify for an exemption may need to register, pay a $200 filing fee, post a $10,000 bond, and follow disclosure and recordkeeping rules.
The customer exemption (Texas §302.058). You do not need to register or pay those fees if:
You are texting a current or former patient of your practice.
Your text is about a product or service related to what they already purchased (for example, treatments, memberships, gift cards, or skincare).
Your practice has operated under the same name for at least two years.
Why RepeatMD fits the exemption: RepeatMD is built for patient engagement, not cold outreach:
Messages go to your patients, not purchased lists.
Offers relate to services and products your practice already sells.
RepeatMD manages opt-ins, opt-outs, and consent records.
What the exemption does not cover: You are not protected if you text people who are not your patients, buy or rent phone lists, or promote unrelated products outside your practice.
Step-by-Step Instructions
Confirm your RepeatMD texts qualify for the customer exemption
Review your text messaging audience in the Admin Panel. RepeatMD sends to opted-in app users who are your patients, not cold lists.
Confirm message content promotes treatments, memberships, gift cards, skincare, or other services your practice offers.
Verify your practice has operated under the same legal name for at least two years.
Ensure your team does not send RepeatMD-related campaigns to non-patient numbers or purchased lists.
Keep opt-in and opt-out records available through RepeatMD’s consent management.
Consult your attorney if you also send texts outside RepeatMD (for example, from a separate marketing platform)
Best Practices and Pro Tips
Stay within patient-only audiences when sending manual or automated texts through RepeatMD.
Keep message content related to services and products your practice already provides.
Honor opt-outs immediately. RepeatMD handles opt-out processing; train staff not to re-add opted-out patients manually.
Do not purchase phone lists for SMS campaigns tied to your practice name.
Document your two-year operating history under your current practice name for compliance records.
Common Mistakes and FAQs
Q: Do I need to register with the Texas Secretary of State to use RepeatMD texting?
A: If you qualify for the customer exemption (messaging current or former patients about related services, same practice name for two or more years), you generally do not need to register for those patient messages sent through RepeatMD.
Q: Does RepeatMD handle opt-in and opt-out compliance?
A: Yes. RepeatMD manages patient consent, opt-ins, and opt-outs for text messaging through the platform.
Q: Can I text patients about gift cards and memberships?
A: Yes, when they are your patients and the message relates to services or products they already know from your practice.
Q: What activities would put me outside the exemption?
A: Texting non-patients, using purchased or rented phone lists, or promoting unrelated third-party products.
Q: Is this article legal advice?
A: No. This article is for informational purposes only and does not constitute legal advice. Consult your attorney for guidance specific to your practice.
Next Steps and Support
Need help? Email support@repeatmd.com
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.