SB 140 does not limit enforcement to SMS/MMS or phone-number-based messaging. Instead, it adopts a technology-agnostic standard: If the message was promotional and reached a Texas resident via their mobile device without prior express written consent, it may be actionable.

This means that unwanted messages received by TikTok, Instagram, Facebook, WhatsApp, and other mobile apps are actionable and may be worth up to $1,500 per violation.

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A recently-amended Texas law allows private citizens to recover money from businesses sending illegal and unwanted spam texts.

Thinking of handling your spam text messages without an attorney? Stop and read this guide first.

Handling claims under Texas SB 140 and the Texas Deceptive Trade Practices Act is often too complex for non-attorneys to handle without retaining an experienced attorney, and the templates and "free" advice you find online are usually worth exactly what you paid for them—nothing.

Regrettably, many well-intentioned but under-informed individuals do not understand the process—if they realize it exists at all—and render incomplete and misleading advice, necessitating expensive "clean-up" work and possibly resulting in lost compensation.

To further complicate matters, the "advice" offered by the latest models of ChatGPT and Gemini is catastrophically incorrect and incomplete.

For example, it is a serious mistake (with legal and financial implications) to file a complaint without simultaneously filing other legal instruments normally prepared by an attorney.

Save the "DIY" for home improvement. If you commence the process on your own and without expert guidance, you may inadvertently forfeit your right to compensation, and it often will cost far more and take far longer to resolve (if it can be resolved at all) than if you had retained a competent Texas attorney experienced in this niche at the outset to handle your claim.

Read on to learn more.

Texas SB 140, effective September 1, 2025, broadens telemarketing regulations to include text messages; this makes it possible for Texans to receive cash compensation for many varieties of spam text messages. The regulations are complex, and the stakes are high.
— Prof. Chad D. Cummings, Esq., CPA

Texas SB 140 broadens state telemarketing regulations under the Texas Deceptive Trade Practices Act (TDTPA) as codified in Texas Business & Commerce Code §§ 17.41 et seq. to include text messages. Recipients of unwanted spam messages may also be entitled to compensation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. If you have received unsolicited commercial text messages, you may be entitled to compensation, and you may be able to pursue a claim for compensation, and you will be more likely to succeed with help from an attorney.

When it comes to claiming compensation for spam text messages under Texas SB 140 and the TDTPA, professional legal assistance plays a critical role in protecting your rights. Handling such claims is a highly nuanced process that requires precise language and strict adherence to state and federal law. Having an experienced attorney handle your claim ensures your rights are protected and maximizes the likelihood of a successful settlement or judgment.

While non-attorney online services may promise convenience or low upfront costs, they lack the legal insight required to navigate the nuances of telemarketing law, privacy rules, and compensation implications. Mistakes in a claim can lead to rejection, delays in receiving funds, unintended consequences, or even loss of entitlement. Working with a Texas attorney offers a layer of legal protection, strategic guidance, and personalized service that no automated or non-legal service can match.

Choosing an attorney to handle your claim is an important decision that should not be made lightly. An attorney should understand how your case details align with the language of the TDTPA and ensure that your specific needs and interests are represented. With the help of a competent Texas attorney, you are not just filing a complaint, you are enhancing the likelihood of securing compensation the right way, the first time.

1. 1. Submit your details and evidence on our website. Use our secure portal to provide the necessary details about the unwanted texts and evidence. The entire process should take you no more than five minutes to complete. There is no need to provide a credit card or other payment, because you only pay if we win or settle.


2. 2. Schedule an optional telephone consultation with our experienced attorney.


3. 3. We draft and transmit the opening demand letter to the offending business via email and USPS Priority Mail with signature confirmation requested.


4. 4. Our attorney negotiates with the business to obtain the highest and best possible outcome. Once an agreement is reached, our firm drafts the settlement agreement for electronic review and signature via DocuSign.


5. 5. Once a settlement payment is received, our firm sends the settlement to you less our firm's fee for handling the case. If our firm is unable to reach an amicable settlement, we will refer you to experienced local counsel for you to continue to pursue your claim in litigation should you desire.



Why choose Cummings & Cummings Law to handle your claim?



• ✅ Your claim will be prepared, reviewed, and filed by a licensed attorney and CPA—not by a paralegal or a third-party software tool.
• ✅ Your attorney can communicate directly with the offending business and their attorney.
• ✅ We will do all that we can within the limits of the law to secure a favorable settlement or other outcome for you.
• ✅ You will enjoy answers to your legal questions regarding the claim from a qualified attorney—not an offshore helpdesk or chatbot.
• ✅ Your rights and financial recovery are protected by someone who understands privacy law, telemarketing law, and compliance.
• ✅ Enjoy peace of mind knowing that your claim documents are prepared, reviewed, and filed by a licensed attorney and CPA with Fortune 500 experience and a brick-and-mortar office, not by a fly-by-night non-attorney (and possibly illegal) online "service."
• ✅ Ease of access. Enjoy direct access to a real attorney by email during the process, not an assistant or go-between.
• ✅ Efficiency. Electronic, online filing and communication (no snail mail when possible) regarding the claim and electronic signatures by DocuSign when possible.
• ✅ Communication. Weekly email status updates regarding the claim status included at no additional charge.
• ✅ Value. No other experienced attorney delivers this entire scope of work to handle your claim at a better value.

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Admitted to The State Bar of Texas—Attorney and Counselor at Law
and
Licensed by the Texas State Board of Public Accountancy as a Certified Public Accountant



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Thinking of handling your claim without an attorney?

Attempting to handle a claim under Texas SB 140 and the TDTPA without an attorney is fraught with serious pitfalls.

Filing incorrect or incomplete documents can result in sanctions, rejected claims, wasted time, and financial penalties, including serious problems with regulators and the possible loss or diminution of compensation. Generic templates found online are insufficient for meeting state-specific requirements and can lead to curtailment of your rights or other unintended outcomes. Engaging competent legal counsel from the outset is far more efficient and cost-effective than trying to fix a failed claim later.


Here are the top six reasons you are likely making a mistake if you attempt to handle this legal process on your own:

• ❌ Rejection and delays. Companies regularly reject vague or informal demands submitted without legal guidance.
• ❌ Insufficient compensation. You may lose out on compensation without a keen understanding of state and federal law and the interplay between them.
• ❌ Sanctions. Improperly filed or inaccurate claims can trigger sanctions when filed in court.
• ❌ Loss of legal rights. If deadlines pass before a proper claim is filed, you may receive nothing.
• ❌ Costly corrections. Fixing a botched claim often costs more than doing it right the first time.

You will incur substantially more time and expense in attempting to correct a claim "gone wrong" than if you had retained competent legal counsel to assist you at the outset.

Read our Frequently Asked Questions about spam texts or learn more about the process.



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Hire our firm to file a claim, and you may be eligible to receive up to $1,500 per qualifying spam message.

Takes less than five minutes.
Just click the button below.

➡⬅
Find out what your case is worth.
Every claim is time sensitive.
Do not wait, or it may be too late.


Have questions? Schedule a free call with our firm's attorney using this link.

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Texas Attorney and CPA

/Chad D. Cummings



I am an attorney and Certified Public Accountant serving Florida and Texas.

Previously, I served in operations and finance with the world’s largest accounting firm (PricewaterhouseCoopers), airline (American Airlines), and bank (JPMorgan Chase & Co.). I have also created and advised a variety of start-up ventures.

I am a member of The Florida Bar and the State Bar of Texas, and I hold active CPA licensure in both of those jurisdictions.

I also hold undergraduate (B.B.A.) and graduate (M.S.) degrees in accounting and taxation, respectively, from Southern Methodist University in Dallas. I earned my Juris Doctor (J.D.) and Master of Laws (LL.M.) degrees from Florida law schools. I also hold a variety of other accounting, tax, and finance credentials which I apply in my law practice for the benefit of my clients.

My practice emphasizes, but is not limited to, the law as it intersects businesses and their owners. Clients appreciate the confluence of my business acumen from my career before law, my technical accounting and financial knowledge, and the legal insights and expertise I wield as an attorney. I live and work in Naples, Florida and Dallas, Texas and represent clients throughout both states.

If I can be of assistance to handle your claim, please click here to set up a free meeting.

Read More About Chad

As the expression goes, if you think hiring a professional is expensive, wait until you hire an amateur. Do not make the costly mistake of hiring an offshore, fly-by-night, and possibly illegal online "service" to handle your claim. Where will they be when something goes wrong? . . . Hire an experienced attorney and CPA, knowing you are working with a credentialed professional with a brick-and-mortar office.
— Prof. Chad D. Cummings, CPA, Esq. (emphasis added)




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Claim Preparation: How It Works

1. Submit your details and evidence on our website. Click here to get started.

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2. Schedule an optional telephone consultation with our expert attorney.

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3. Our attorney drafts and dispatches the initial demand letter to the offending business electronically and via USPS Priority Mail with signature confirmation requested.

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4. Our attorney undertakes negotiations to obtain the highest and best possible outcome for you. Once an agreement is reached, the settlement paperwork is prepared by our attorney and sent via DocuSign for electronic review and approval, and our firm sends you your compensation less our firm's fee for handling your case.

 

Almost 90% of cases settle out of court and before going to trial. If, however, the offending business is unwilling to negotiate in good faith toward an amicable settlement, we will offer referrals for you to retain local counsel to assist in filing a lawsuit in your home jurisdiction to continue pursuing the matter in litigation.

It is vitally important you keep any other advisors informed so they will be on notice.



At Cummings & Cummings Law, we have a unique combination of legal and practical experience, and we’re ready to help you navigate the complex process of handling your claim.

Our team, led by a professional who is both a certified public accountant (CPA) and an experienced attorney, is prepared to handle the intricate financial and legal concerns involved in claiming compensation for unwanted spam texts in Texas.




Why Hire an Attorney?


Hiring an attorney can have potentially significant benefits. Here are some examples:


• 1. Legal Protection: A licensed attorney ensures your information is correctly represented in the demand letter to avoid illegal extortion or other counter-productive rhetoric.
• 2. Avoid Costly Mistakes: We prevent common errors that lead to claim rejection or missed compensation.
• 3. Faster Resolution: Attorneys know what companies and their attorneys expect to see-leading to faster processing and higher compensation.
• 4. Peace of Mind: Know your rights are safe, secure, and pursued according to Texas and federal law..
• 5. Enforceability: Any settlement is documented in an enforceable, legally binding agreement sent via DocuSign for electronic review and signature.
• 6. Handling of Complex Cases: Our attorneys have a rare breadth and depth of experience in many areas of commercial law.


Our firm focuses on handling such claims across the Lone Star State. Let us handle the complexities and technicalities.

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What's Included in a Claim Handling:



• ✔️ Initial, no-cost 10 minute phone consultation with our experienced attorney
• ✔️ Preparation of demand letter customized to your situation and evidence
• ✔️ Transmittal of the demand to the offending sender and subsequent negotiations toward an amicable settlement for a reasonable period of time
• ✔️ Preparation and execution of a formal settlement agreement once an outcome is reached
• ✔️ Referral to local counsel to commence litigation if settlement efforts prove unfruitful
• ✔️ Weekly status updates to keep you fully apprised from start-to-finish at no additional charge



What's Available at Additional Charge, If Required:



• ➖ More frequent updates. Weekly updates are included at no charge. Clients requesting updates more frequently may be billed a reasonable fee to account for the additional expenditure of time and effort by our firm's attorney
• ➖ Advice on unrelated matters
• ➖ Post-settlement advice or counsel
• ➖ Litigation, arbitration, or mediation



Why Choose Cummings & Cummings Law?



• ✔️ Enjoy peace of mind knowing that your claim documents are prepared, reviewed, and filed by a licensed attorney and CPA with Fortune 500 experience and a brick-and-mortar office, not by a fly-by-night non-attorney (and possibly illegal) online service
• ✔️ Direct access to a real attorney by email (also available over the phone or face-to-face by appointment) during the process, not an assistant or go-between
• ✔️ Complimentary, no obligation 10 minute phone consultation available before you engage our firm
• ✔️ Our contingency fee arrangement means that you pay nothing upfront and pay only if we win or settle
• ✔️ Electronic, online filing and communication (no snail mail when possible)
• ✔️ Electronic review and signatures of legal documents via DocuSign
• ✔️ Status updates transmitted to you via email every Friday afternoon to keep you in the loop
Using a non-attorney service for your claim can have serious (and expensive) consequences.

Only a licensed attorney is permitted to draft legal documents and answer legal questions. LegalZoom®, RocketLawyer®, and similar services are not law firms and cannot render legal advice. Unfortunately, our firm often encounters people who hired a non-attorney online service to handle this complicated, nuanced process with disastrous results necessitating expensive and time-consuming clean-up work.

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What is Texas SB 140 and the TDTPA?

Texas SB 140 is an amendment to the Texas Deceptive Trade Practices Act (TDTPA) effective September 1, 2025 that broadens telemarketing regulations to include text messages. It treats SMS (including text messages, multimedia messages, iMessages, WhatsApp, and certain other forms of text correspondence) as telemarketing, prohibiting unwanted marketing texts to numbers on the no-call list, and imposing penalties for violations.

Each violation has its own requirements and formalities to be compensable, and the language of a demand letter and strategies utilized in subsequent negotiations must be carefully crafted and swiftly executed to comply with state and federal laws. Mistakes can, in certain cases, give rise to civil and criminal liability when pursuing a claim without the guidance of an attorney, such as for extortion or wire fraud (both felonies).

Why You Need Help to Claim Compensation for Unwanted Texts

If you have received unwanted texts in violation of Texas SB 140 and the TDTPA, you cannot expect to receive adequate compensation without proper advice. A simple complaint alone is not enough. A properly drafted demand letter as an opening barrage to negotiating a settlement is the best way to encourage a spammer to make a payment in compromise of the claim.

Trying to take matters into your own hands can have unpredictable and costly consequences. Professional guidance from a Texas attorneys helps protect your financial interests and ensure your compensation is maximized. While we can never make any guarantees regarding the possibility, timing, and amount of any settlement or other outcome, our attorneys will endeavor on your behalf to maximize the compensation you receive short of pursuing expensive and risky litigation.

What happens if you try to handle your claim without an attorney?

Some individuals attempt to use low-cost, non-attorney services or generic templates, but this is a high-risk approach akin to performing brain surgery on yourself. Each claim has specific attributes supported by unique evidence. Unless you are a licensed, experienced attorney, you will likely make significant mistakes attempting to handle this delicate process on your own.

That can lead to months of delays, costly re-drafting, and lost compensation-especially if statutory deadlines pass. Worse, using a non-attorney service could result in irreversible mistakes or legal disputes that cost far more than having it done right the first time.

Top 7 Benefits of Hiring an Experienced Attorney

1. 1. Compliance with SB 140 and the TDTPA: We tailor your demand letter and settlement agreement to meet the exacting requirements of Texas law.
2. 2. Legal Protection: A licensed attorney ensures your information is correctly represented in the demand letter and subsequent discussions with the opposing party.
3. 3. Avoid Costly Mistakes: We prevent common errors that lead to claim rejection or reduced compensation.
4. 4. Faster Resolution: Our attorneys know the weak spots and vulnerabilities of spammers and their attorneys-leading to faster processing and potentially higher compensation.
5. 5. Peace of Mind: Know your rights are being zealously pursued by a licensed Texas attorney.
6. 6. Enforceability: Settlement agreements are memoralized in a formal writing signed by both parties, maximizing the likelihood of enforceability and minimizing the likelihood of future disputes regarding the same subject matter.
7. 7. Costs and Fees: You only pay if we win or settle. We will never ask you for your credit card number or a check.

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Frequently Asked Questions About Unwanted Texts

1. What is Texas SB 140?

Texas SB 140 is an amendment to the Texas Deceptive Trade Practices Act that broadens telemarketing regulations to include text messages, prohibiting unwanted marketing texts with significant penalties for violations.

2. Why do I need to file a claim?

It is not necessary for you to file a claim unless you want to pursue compensation under the law. If you received unwanted texts, state law allows you to seek compensation, but it requires proper legal handling.

3. Who handles a claim?

A claim can be handled by anyone with legal standing, but having an attorney handle the process gives you greater peace of mind and maximizes the likelihood of an amicable financial settlement.

4. Can I just complain to the sender instead?

No. A simple complaint is very unlikely to result in compensation. Spammers are much more likely to take a demand seriously when it is transmitted by a Texas attorney.

5. Which texts qualify under SB 140?

A variety of unsolicited commercial messages qualify. Ask our attorney during your initial consultation for more information.

6. Will I get compensation through a claim?

If we are successful in negotiating an amicable settlement on your behalf, you will receive the full settlement amount minus our firm's fee for handling the case. If we are unable to obtain a settlement on your behalf, or if the matter proceeds to litigation, you pay us nothing. Specific terms and conditions are disclosed on the engagement letter. Our firm can accept no responsibility for any matter nor begin performing any work on your behalf unless and until a formal engagement letter is executed. Read more about our important policies and disclaimers here.

7. How long does it take to handle a claim?

Completing the process on our website usually takes less than five minutes. You will have the opportunity to review and accept our terms of engagement in the form of an electronic engagement letter before we accept responsibility for our case, and you have the right to seek review of our proposed engagement letter by a third-party attorney of your own choosing and at your own expense, should you so desire. Once the engagement letter has been accepted, our firm will begin reviewing your details and evidence and will begin drafting an initial demand letter within one week. The demand letter will then be sent by our attorney to the spammer, which usually results in a negotiation process that may take several weeks or months. Some cases are resolved in less than a week. Others may take several weeks. If we are unable to secure a settlement and compensation on your behalf, you have the option to continue to pursue your claim in litigation by filing a lawsuit with a third-party law firm of your choosing. While most claims are resolved via settlement, the litigation process is unpredictable and may stretch months or even years in some cases. This is why our firm endeavors to resolve these disputes outside of court whenever possible.

8. Can I get compensation right after filing?

Not immediately. You will need to wait until a settlement agreement is reached or judgment is entered. After that, the funds can be paid according to the settlement or judgment.

9. What if I agree to ignore the texts?

If you choose not to pursue a claim, you do not need to file. But if not addressed, you may later regret missing compensation.

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Hire our firm to file a claim, and you may be eligible to receive up to $1,500 per qualifying spam message.

Takes less than five minutes.
Just click the button below.

➡⬅
Find out what your case is worth.
Every claim is time sensitive.
Do not wait, or it may be too late.


Have questions? Schedule a free call with our firm's attorney using this link.

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