On September 1, 2025, Texas will begin enforcing one of the strictest marketing regulations in the country. The state’s expanded telemarketing law now treats text messages (SMS and MMS) the same way as phone calls.
For med spas, aesthetic practices, and wellness clinics, this means your patient communication strategy could suddenly expose your business to fines, lawsuits, and compliance headaches.
This guide explains what the law means for your practice, the exemption that protects you, and why RepeatMD is the safest way to keep your marketing compliant.
The New Texas SMS Marketing Law Explained
The updated Texas law defines any marketing text message as a “telephone solicitation.”
That means:
Every promotion or marketing text could require you to register with the Secretary of State.
Practices may need to pay $200 per location and post a $10,000 bond.
Penalties range from $500 to $5,000 per text message.
Patients and attorneys can sue under the Texas Deceptive Trade Practices Act, which allows treble damages and attorneys’ fees.
For a med spa that sends weekly texts about Botox specials, seasonal skincare promotions, or membership offers, this could quickly add up to tens of thousands in liability.
What Med Spa Owners Are Asking Right Now
Practice owners are already worried and searching for answers:
Can med spas text patients in Texas under the new law?
Do I need to register as a telemarketer to send patient reminders?
Is it legal to text about gift card promotions or memberships?
The short answer: yes, you can still text patients—but only if you follow the exemption rules.
The Customer Exemption That Protects Med Spas
Texas law (§302.058) includes an important customer exemption.
A med spa, aesthetic practice, or wellness clinic is exempt from telemarketing registration if:
You are texting a current or former patient.
The offer relates to a product or service they already purchased (e.g., treatments, skincare, memberships, gift cards).
Your practice has operated under the same name for at least two years.
If you meet these conditions, you don’t need to register, post a bond, or fear fines. You can continue texting your patients legally.
Why RepeatMD Keeps Your Practice Safe
RepeatMD is built to align perfectly with the exemption rules:
Patient-Only Messaging: RepeatMD ensures texts are sent only to patients who have opted in through your app or loyalty program.
Relevant Offers: Campaigns focus on treatments, memberships, gift cards, and skincare—never unrelated products.
Automated Compliance: Consent is tracked, opt-outs are honored, and records are stored automatically.
Exemption Assurance: Because messages go only to existing patients, RepeatMD keeps your practice inside the exemption and outside the danger zone.
With RepeatMD, you don’t have to choose between compliance and growth; you get both.
Action Plan for Med Spa Owners
Here’s what your practice should do right now:
Audit your texting strategy. Confirm all contacts are patients.
Stop risky SMS blasts. Never buy lists or send promotions to strangers.
Document your exemption. Keep proof that your messages are patient-based.
Adopt RepeatMD. The platform ensures compliance while driving patient engagement and revenue.
A Message from Our Founder
““We built RepeatMD to help practices grow without adding compliance risk. As long as you’re texting your own patients through RepeatMD, you’re protected. It’s that simple.”
— Phil Sitter, CEO of RepeatMD”
Conclusion: Stay Exempt, Stay Profitable
The Texas SMS marketing law of 2025 makes texting patients sound scary, but if you are a med spa, aesthetic practice, or wellness clinic communicating with your own patients about your own services, you are exempt.
Without a platform like RepeatMD, your patient texts could put your business at risk of lawsuits and fines. With RepeatMD, you can confidently text patients, grow memberships, sell more skincare, and drive gift card sales while staying 100% compliant.
Without RepeatMD: Med spas face unnecessary legal exposure.
With RepeatMD: Med spas stay compliant, exempt, and profitable.
⚖️ Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult legal counsel for advice specific to your practice.
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