On March 3rd, 2025, The Ecommerce Innovation Alliance (EIA) and other petitioners filed a petition for declaratory ruling with the Federal Communications Commission (FCC) to address an alarming surge in frivolous litigation exploiting the Telephone Consumer Protection Act (TCPA).

The petition seeks a declaratory ruling confirming that individuals who consent to receive marketing text messages can’t sue a business under the TCPA for messages outside the “Quiet Hours” (8 A.M. to 9 P.M.). It also requests clarification or waiver of 47 C.F.R. § 64.1200(c)(1) regarding telephone solicitations to wireless devices without consent.

Petition Accepted and Posted for Public Comment

The FCC has quickly acknowledged the importance of EIA’s petition, issuing an order inviting public comment on March 11, 2025 on the serious issues raised by EIA.

Comments are due by April 10, 2025. Replies to those comments will be allowed until April 25, 2025. Comments are open to all members of the general public and can be submitted online via the FCC’s Electronic Comment Filing System (ECFS).

The EIA urgently requests your participation in the comment process. Your efforts to support this petition will help the EIA continue to fight back against abusive Quiet Hours shakedown litigation practices and to protect businesses from being harmed by frivolous lawsuits.

About the EIA

The Ecommerce Innovation Alliance is a nonprofit trade association formed in 2023 that brings the ecommerce industry together to advocate for common sense policies that strengthen the ecommerce ecosystem while protecting consumer privacy, and which advocates for reforms to correct unintended consequences caused by laws and regulations.