The Ecommerce Innovation Alliance (EIA) today announced the filing of a Motion for Preliminary Injunction in its lawsuit challenging Texas Senate Bill 140 (SB140). This action, filed in the U.S. District Court for the Western District of Texas, seeks to immediately halt the enforcement of SB 140 against the EIA, its co-plaintiffs Flux Footwear, LLC, Postscript and all EIA members.

SB140, effective September 1, 2025, significantly expanded the definition of “telephone solicitation” in the Texas Business & Commerce Code Chapter 302 to include text messages. This change subjects ecommerce businesses that send consent-based text messages to burdensome registration, reporting, and disclosure requirements.

As highlighted in previous posts, EIA’s motion argues that SB140 is unconstitutional, unlawful, and unenforceable. Specifically, it contends that the law violates First Amendment protections for commercial speech by imposing unreasonable burdens on text messaging campaigns where consumers have explicitly opted in. The required registration process demands extensive sensitive business information, and disclosure mandates could force multiple additional text messages for a single marketing communication, substantially increasing costs and potentially annoying consumers who wish to receive these messages.

Furthermore, the motion asserts that SB140 is unconstitutionally vague. This vagueness stems from unclear provisions regarding how businesses determine a “purchaser’s location” and ambiguous statutory exemptions for “customers” and “retail establishments”. Without clear guidance, ecommerce businesses face legal uncertainty, significant penalties, and potential criminal liability.

The EIA supports efforts to protect consumers from unwanted and unsolicited messages. However, SB 140, as currently drafted, burdens legitimate, consent-based communication, which actively harms our ecommerce business members and their customers who benefit from these interactions. Granting this preliminary injunction is crucial to prevent irreparable harm to EIA members and to uphold their First Amendment rights.

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