SMS retention marketing · Texas
SMS retention marketing for Texas Shopify and DTC brands.
Restock alerts, short flash windows, delivery updates and time-critical win-back — with consent capture that holds up and send rules that respect quiet hours. Everything else stays in email.
Texas specifics
How Texas changes SMS retention marketing.
What we set up differently for a brand whose customers are in Texas.
- SMS
Texting rules
Texas SB 140 (telephone solicitation, Chapter 302) Tex. Bus. & Com. Code chs. 302, 304, 305
- Covers texts
- Yes, since 1 September 2025. Marketing texts became telephone solicitations under Chapter 302.
- Consent
- Texts sent with the consumer's prior agreement are outside Chapter 302 registration, per the State's November 2025 stipulated court order and Secretary of State guidance. Federal TCPA consent still applies.
- Quiet hours
- 9am to 9pm Monday to Saturday and noon to 9pm Sunday for unsolicited calls (§ 301.051); we use it as the default window for texts too.
- Frequency
- No frequency cap.
- Registration
- $200 registration and a $10,000 bond for sellers texting without consent, unless exempt (for example, existing customers of a business trading under the same name for 2+ years).
- Private right of action
- Deceptive Trade Practices Act remedies, and a state claim for TCPA violations of $500, or $1,500 if knowing (§ 305.053).
What we configure: A documented opt-in keeps a Texas SMS programme out of registration and the bond; texts go out 9am to 9pm, and from noon on Sundays.
Source: Bus. & Com. Code ch. 302 (Texas Legislature) · SB 140 bill history
- CT
Send windows
Texas spans 2 time zones
Central (most of the state) and Mountain (El Paso and Hudspeth counties, west of the east line of Hudspeth County). We schedule sends and SMS quiet hours on the subscriber's own zone, taken from their Shopify address, so a 10am send never lands at 9am or 11am for part of the list.
- CAL
Retail calendar
Peaks: the holiday peak, back-to-school and rodeo and festival season
Texas runs 3 sales-tax holidays a year, and campaigns in those windows lead with the tax saving.
- Emergency preparation supplies the Saturday before the last Monday in April through that Monday
- ENERGY STAR and water-efficient products Memorial Day weekend
- Back-to-school the first Friday to Sunday in August: clothing, shoes, school supplies and backpacks under $100
Source: Texas revenue department
Who this is for
Signs your Texas store needs this now.
Three of the patterns we see most in the audit.
All six signs- 01
Consent
You are not sure your opt-ins would hold up
A pre-ticked box or a single “enter your number” field is not consent. Get this wrong and every text after it is a liability, not a channel.
- 02
Frequency
Unsubscribes climb after every send
SMS churn is unforgiving. If opt-outs spike with each campaign, the channel is being used for messages that belonged in email.
- 03
Attribution
You cannot say what SMS earned last month
Attentive and Klaviyo both attribute revenue per message. If the number is not in a report, SMS is a cost with a hopeful story attached.
What is included
Everything the retainer covers, in the order we build it.
Six steps and about six weeks to live: audit, strategy, build, launch, test, report.
How we work- 01
Consent audit and capture rebuild
Where numbers are collected, what the customer saw, what was stored. Then a two-step opt-in at checkout and in the pop-up, with the disclosure text and records that satisfy the TCPA and state rules.
- 02
Compliance rules in the sending logic
Federal quiet hours (8 a.m.–9 p.m. in the recipient’s local time) and the tighter state windows applied by area code, frequency caps, STOP and HELP handling, and a documented policy your team can show a lawyer.
- 03
The four SMS moments, built
Restock alerts from the waitlist, short flash windows with VIPs first, delivery and shipping updates, and one time-critical win-back text. Each written to be read in three seconds.
- 04
Email and SMS orchestration
Every SMS step lives inside the lifecycle flows next to its email steps, with rules for who gets which channel, so nobody gets both saying the same thing.
- 05
Segmentation for SMS
Engaged, VIP, waitlist, lapsed — SMS lists are smaller and sharper than email lists. Most of your subscribers should receive a text rarely; a few should receive them first.
- 06
Two-way inbox handling
Replies routed to your support tool or handled by us with agreed scripts, so the questions your best customers ask by text get answered.
- 07
Attribution and monthly reporting
Revenue per message and per flow, opt-out rate per send, and SMS share of total revenue — next to email in one report, so the channels are judged together.
- 08
Platform setup or migration
Attentive when SMS is the primary channel; Klaviyo SMS when one platform for both is the better trade. Numbers, short codes, toll-free verification and carrier registration handled.
Across Texas
SMS retention marketing for brands in Houston, Dallas, Austin, San Antonio.
What clients said once the flows were live. The results sit under NDA; the words are theirs.

The flows just made sense. Customers were getting the right email at the right time and it showed.

We went from batch-and-blast to actually strategic. The difference in engagement was immediate.
Questions
SMS retention marketing in Texas: questions
What does Texas law change about SMS marketing?
Texas SB 140 (telephone solicitation, Chapter 302) (Tex. Bus. & Com. Code chs. 302, 304, 305) applies to marketing texts sent to Texas numbers. Consent: Texts sent with the consumer's prior agreement are outside Chapter 302 registration, per the State's November 2025 stipulated court order and Secretary of State guidance. Federal TCPA consent still applies. Quiet hours: 9am to 9pm Monday to Saturday and noon to 9pm Sunday for unsolicited calls (§ 301.051); we use it as the default window for texts too. Frequency: No frequency cap. A documented opt-in keeps a Texas SMS programme out of registration and the bond; texts go out 9am to 9pm, and from noon on Sundays.
What time should Texas brands send marketing emails and texts?
Texts only inside the legal window in the subscriber's local time: 9am to 9pm Monday to Saturday and noon to 9pm Sunday for unsolicited calls (§ 301.051); we use it as the default window for texts too. For email we test send times per segment rather than guess, starting from mid-morning local time. Texas covers Central (most of the state) and Mountain (El Paso and Hudspeth counties, west of the east line of Hudspeth County), so sends are split by zone.
When are Texas's biggest retail moments?
The holiday peak, back-to-school and rodeo and festival season. The sales-tax holidays (Emergency preparation supplies, the Saturday before the last Monday in April through that Monday; ENERGY STAR and water-efficient products, Memorial Day weekend; Back-to-school, the first Friday to Sunday in August) get their own campaigns. BFCM runs 27-30 November 2026 everywhere.
How much does SMS retention marketing cost for a Texas brand?
Tier 1 is $3,500 a month, for brands doing $500K–$2M a year. Tier 2 is $5,500 a month, for scaling brands at $2M+. Every engagement starts with a free 60-minute audit, and the price is the same in every state.
What is SMS retention marketing?
SMS retention marketing uses text messages to bring existing customers back: restock and back-in-stock alerts, flash and early-access windows, delivery updates and time-critical win-back. It works because texts are read within minutes, which is also why it has to be used sparingly: every message needs a reason to interrupt someone's phone.
Is SMS marketing legal in the US?
Yes, with the right consent. Under the TCPA a brand needs express written consent before sending marketing texts, a clear way to opt out by replying STOP, sending outside quiet hours (8am to 9pm in the recipient's time zone under federal rules, stricter in some states) and a registered sender. We set up consent capture and send rules before the first campaign, because violations carry statutory damages per message.
Is SMS still worth it for retention?
For the right moments, yes. Texts are read far faster than email, so SMS earns its keep on restocks, limited windows and delivery updates. It stops working when it becomes a second newsletter, because opt-outs climb quickly. We keep it to two to four messages a month to engaged subscribers and report its revenue next to email so the comparison is honest.
Attentive or Klaviyo SMS?
Attentive when SMS is your primary retention channel and you want its capture tools and two-way features; Klaviyo SMS when you are already on Klaviyo and want one profile, one segment set and one report. The audit makes the call against your list and catalogue.


Retention experts
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