Today, the Ecommerce Innovation Alliance (EIA) filed critical comments with the Federal Communications Commission (FCC) in response to the Ninth Further Notice of Proposed Rulemaking. As part of the Commission’s ambitious “Delete, Delete, Delete” initiative—which seeks to excise obsolete and harmful regulations—we are seizing this opportunity to advocate for a modernization of the Telephone Consumer Protection Act (TCPA).

For too long, well-intentioned but poorly drafted rules have created a “litigation tax” on our industry. Our filing today tackles two of the most problematic provisions codified in 2024: the “Revoke One, Revoke All” mandate and the ambiguous “Reasonable Means” standard.

Here is a breakdown of what we told the Commission and why it matters to your business.

The Problem: Treating All Communications as “Noise”

The current “Revoke One, Revoke All” rule operates on a flawed premise: that a consumer views a marketing text about a flash sale and a fraud alert from their bank as identical “robocalls.” Under the 2024 codification, if a consumer replies “STOP” to a marketing text, a business is legally compelled to treat that as a revocation of consent for all robocalls and robotexts across all channels.

In our filing, we presented data showing that 2026 consumers engage in “channel stratification.” They prefer SMS for high-velocity updates and voice calls for urgent issues. By forcing businesses to “nuke” the entire relationship based on a single marketing opt-out, the FCC risks blocking critical communications—like shipping delays, appointment reminders, or security alerts—that the consumer never intended to stop.

The “Reasonable Means” Trap

Perhaps the biggest driver of abusive litigation in our sector is the “Reasonable Means” standard. This rule allows consumers to revoke consent using “any reasonable means,” preventing businesses from designating a specific opt-out method (like replying “STOP”).

While this sounds consumer-friendly, it has spawned a cottage industry of “Opt-Out Evaders.” These are professional plaintiffs who intentionally use ambiguous phrasing—such as “I desire that you cease these transmissions”—instead of the clear instructions provided by the merchant. When the automated system fails to parse their “idiosyncratic” language, they sue for statutory damages.

We highlighted egregious cases like Epps v. Earth Fare and Viggiano v. Kohl’s to demonstrate that this ambiguity doesn’t protect consumers; it only enriches litigators.

The EIA’s Proposal: Certainty and Safe Harbors

The EIA is not asking for a free pass; we are asking for clear rules of the road. Our filing proposes three “Common Sense” reforms:

1. Establish a “Safe Harbor” Vocabulary: We are urging the FCC to rule that if a business clearly instructs a consumer to use specific keywords (STOP, QUIT, CANCEL, UNSUBSCRIBE), the consumer must use those words to effectuate a valid revocation. This would instantly eliminate the “gotcha” lawsuits based on linguistic puzzles.
2. Channel-Specific Revocation: Revocation should mirror consent. If a consumer opts out of marketing texts, it should not automatically sever the ability to receive fraud alerts via voice call. We are advocating for a rule that respects the distinct utility of different communication channels.
3. The “Confirmation Loop”: Businesses must be allowed to send a single confirmation text clarifying the scope of an opt-out request without fear of liability. This ensures consumers don’t accidentally block messages they need.

Moving Forward

The “Delete, Delete, Delete” initiative represents a rare window to strip away regulations that stifle innovation and put ecommerce businesses in jeopardy of shakedown litigation. The EIA is proud to lead the charge in ensuring that the voice of the ecommerce ecosystem—from independent merchants to major tech platforms—is heard loud and clear.

We will continue to track this proceeding and update our members as the Commission considers these important issues.  

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.