Federal Court Concludes TCPA Does Not Apply to Text Messages: What the Jones v. Blackstone Decision Means for Your SMS Marketing
July 31, 2025
A recent ruling in Jones v. Blackstone Medical Services, LLC by a federal court offers an important interpretation of the TCPA concerning Do-Not-Call claims and text messages. This decision, delivered on July 21, 2025, from the Central District of Illinois, found that the specific section of the TCPA governing Do-Not-Call rules – 47 U.S.C. § 227(c) – does not apply to text messages.…
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Is the Sky Really Falling in Texas? A Closer Look at SB 140 and SMS Marketing
July 29, 2025
Recent discussions on platforms like LinkedIn have sounded the alarm regarding Texas Senate Bill 140 (SB 140), suggesting dire implications for ecommerce businesses engaging in SMS marketing. Posts highlight concerns about new registration requirements and potential litigation risks. While SB 140 does introduce significant changes, a closer look at the legal analysis suggests that the immediate panic may be overstated for many businesses, particularly those already adhering to best practices like obtaining consumer consent.…
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The AI Accountability Act: Federal Data Misuse Lawsuits and the End of Predispute Arbitration Agreements?
July 29, 2025
The AI Accountability and Personal Data Protection Act (Bill No. S.2367) was introduced on Monday, July 21st by U.S. Senators Josh Hawley (R-Mo.) and Richard Blumenthal (D-Conn.). Released in tandem with President Trump’s “America’s AI Action Plan”, this bipartisan bill purportedly aims to establish guardrails for the AI industry while protecting consumer data rights and creators' intellectual property, but the EIA has serious concerns about the proposed legislation and its potential to lead to increased opportunistic “shakedown” style litigation. …
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Eighth Circuit Strikes Down FTC’s “Click-to-Cancel” Rule
July 28, 2025
A recent decision by an Eighth Circuit panel has vacated the FTC's planned "click-to-cancel" rule. This determination will have a direct impact on consumer protection regulations relevant to the ecommerce industry. The FTC's proposed rule would have mandated that companies allow customers to cancel their subscriptions with a single click. While often framed as a consumer protection measure, such broad mandates can introduce significant operational complexities and costs for legitimate businesses without effectively addressing core issues.…
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Why New Jersey’s New Privacy Rules Should Worry Ecommerce Brands Nationwide
July 25, 2025
EIA is issuing an alert about significant new privacy regulations proposed by New Jersey that could impact ecommerce businesses across the US. On June 2nd the New Jersey Office of Consumer Protection released new proposed privacy and compliance regulations that go significantly beyond the existing New Jersey Data Privacy Act (NJDPA) that is already in effect. These compliance regulations, if adopted, will apply to every business that operates in OR targets New Jersey residents.…
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Cutting Red Tape, Powering Growth: How Trump’s ‘America’s AI Action Plan’ Could Impact the Future of Ecommerce
July 24, 2025
Unveiled by the White House on July 23rd, President Trump's new "America's AI Action Plan," is a comprehensive roadmap designed to solidify U.S. leadership in artificial intelligence. This plan, crafted to promote technological advancement, economic competitiveness, and national security, outlines over 90 federal policy actions across three core pillars: Accelerating AI Innovation, Building American AI Infrastructure, and Leading in International AI Diplomacy and Security.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026