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Sending SMS in the US? Read this

Hey, it’s Konrad here.

You might have heard about it but Texas introduced a new law which can apply huge fines if you don’t follow their guidelines.

Now - I personally am NOT a fan of what they’re requiring at all but you have to comply or otherwise you can get fined up to $5,000 per message.

Long story short - the Texas Business and Commerce Code, which previously applied only to voice telephone calls, was recently amended to apply to text messages.

This will go live on September 1st.

What you should do is register your business with the Texas Secretary of State using the 3401 form.

The only caveat is that you need to pay $200 application fee and put a $10,000 deposit.

You might ask - what if I don’t want to register but I don’t want to violate any laws either?

Well, technically you could exclude everyone from Texas from all your SMS flows and campaigns but the problem is that data is not always 100% accurate and someone might show up as based in e.g. Florida while being in Texas.

And fines apply to anyone who receives an SMS from you and is in Texas.

You can read more about this in Klaviyo’s article here.

Please remember - this is not legal advice, I just wanted to give you a heads up that something like this exists so you can potentially avoid any issues.

If you have any questions about the segments we use to exclude people from Texas, let me know.

Cheers,
Konrad

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