EIA Fights Back Against “Quiet Hours” Shakedown Litigation
March 3, 2025
The Ecommerce Innovation Alliance (EIA) and other petitioners filed a petition today with the FCC to address an alarming surge in frivolous litigation exploiting the Telephone Consumer Protection Act (TCPA). The petition seeks a declaratory ruling to confirm that individuals who provide prior express written consent to receive marketing text messages from a business cannot initiate litigation under the TCPA for messages received outside the “Quiet Hours". …
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BREAKING NEWS: FCC’s 1:1 Consent Rule Overturned
January 24, 2025
In a landmark decision, the United States Court of Appeals for the Eleventh Circuit has struck down key components of the Federal Communications Commission's (FCC) 2023 Order, including the controversial "one-to-one consent" rule governing robocalls and robotexts. The court found that the FCC overstepped its statutory authority by redefining "prior express consent" in a manner inconsistent with the language and intent of the Telephone Consumer Protection Act (TCPA).…
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Shifting Sands: SCOTUS Agrees to Revisit FCC Deference Under the Hobbs Act
October 8, 2024
In a significant development, the U.S. Supreme Court has granted certiorari to revisit whether federal district courts must defer to the Federal Communications Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA) under the Administrative Orders Review Act, 28 U.S.C. §2342(1), commonly known as the Hobbs Act.
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The FCC Accepts EIA’s Petition and Requests Public Comments
Ecommerce Innovation Alliance
March 12, 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 FCC has quickly acknowledged the importance of EIA’s petition, issuing an order on March 11, 2025 inviting public comment on the serious issues raised by EIA.…
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