On November 20, 2025, the Ecommerce Innovation Alliance (EIA) made a filing with the Federal Communications Commission (FCC) to deliver updated data and an urgent message: the wave of frivolous “quiet hours” lawsuits targeting legitimate ecommerce businesses has reached a crisis point, and immediate Commission action is essential.
This meeting builds on our ongoing advocacy, following our March petition filing and earlier ex parte meetings in June and August. Together, these efforts underscore EIA’s steadfast commitment to ending the misuse of consumer protection laws against law-abiding ecommerce businesses.
Escalating Litigation Threat
According to new data the EIA shared with the FCC, 480 quiet hours cases or demand letters have been filed since the first lawsuit appeared in November 2024. With 137 new filings between August and November alone, a 40% increase in just three months.
One South Florida law firm is responsible for more than 95% of these cases, revealing a coordinated and profit-driven campaign rather than a genuine consumer protection effort. The suits have disproportionately targeted small and mid-sized ecommerce brands using reputable SMS platforms like Attentive and Klaviyo, creating widespread uncertainty for compliant businesses that already operate under strict consent requirements.
EIA’s Call for FCC Action
In our filing, the EIA reiterated the two forms of relief sought through our petition:
- Immediate Clarification: Affirm that messages sent with prior express written consent are not subject to quiet hours restrictions—closing the loophole driving abusive lawsuits.
- Long-Term Structural Relief: Address the impracticality of applying the “called party’s location” standard to mobile devices without access to location data.
We urged the FCC to resolve the issue promptly – through the Consumer and Governmental Affairs Bureau’s delegated authority if necessary so businesses can dismiss meritless claims and refocus resources on growth and innovation rather than defense against exploitation.
The Road Ahead
This marks one year since the first quiet hours lawsuit, and the evidence is clear: each month of inaction further fuels predatory litigation and drains resources from the ecommerce businesses driving the digital economy.
EIA will continue to engage directly with the FCC, lawmakers, and industry partners until regulatory clarity is restored. Businesses that follow the rules and obtain consumer consent should not be punished for doing so.
For more background, see our earlier posts:
- EIA Fights Back Against “Quiet Hours” Shakedown Litigation
- EIA Holds Meetings with FCC on Abusive Quiet Hours Litigation (June)
- The EIA Continues Advocacy at FCC on Critical Quiet Hours Litigation (August)
The message remains simple: EIA is fighting to protect America’s ecommerce innovators from abusive lawsuits and ensure consumer protection laws serve their intended purpose – not as tools for profiteering.
Join the EIA today to help strengthen and shape policies that affect all ecommerce businesses. Together, we can continue to create the future of ecommerce. Subscribe to EIA email updates to stay informed on key developments and their impact on your business.
