BREAKING: Texas AG Tells Court That EIA Members and Postscript Are Exempt from SB 140
September 29, 2025
The EIA, on behalf of its members, together with Postscript and Flux Footwear, filed a Motion for Preliminary Injunction seeking to immediately halt enforcement of Texas SB 140. On Friday, Sept 26th, the State of TX through AG Paxton’s office, filed a detailed Response. The State’s primary argument is that the law does not actually regulate text messages sent by EIA members, Postscript and Flux Footwear because they are sent with a consumer’s prior consent. Texas asserts that the Plaintiffs do not need an injunction because SB 140 does not “proscribe[ ] their conduct.”…
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Pennsylvania Senate Bill 992 and Its Potential Impact on Ecommerce Telemarketing
September 12, 2025
The EIA is closely monitoring Pennsylvania Senate Bill 992, a bipartisan bill introduced on September 5th, which recently passed the Senate Consumer Protection & Professional Licensure committee with a 14-0 vote and is currently pending action on the Senate Floor. SB 992 aims to update and expand the law to further define registration requirements, unlawful acts, and prohibitions related to telemarketing screening products. Notably, it expands the existing law to address ringless voicemail and text messages sent to residential, business, or wireless telephone subscribers within Pennsylvania. …
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Second Circuit Upholds Verizon $46.9 Million Fine for Sharing Location-Based Data
September 12, 2025
Yesterday, the U.S. Court of Appeals for the Second Circuit issued a final decision in Verizon v. FCC, upholding a $46.9 million penalty against Verizon for mishandling customer location data. This ruling has significant implications for our members engaged in telemarketing and SMS text marketing. The Court affirmed the FCC's finding that Verizon violated Section 222 of the Communications Act by failing to reasonably safeguard Customer Proprietary Network Information (CPNI). The Second Circuit explicitly concluded that device-location data qualifies as CPNI, triggering the privacy protections of the Communications Act. …
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U.S. Supreme Court to Hear Trump Tariff Cases, Arguments Set for November 2025
September 10, 2025
The U.S. Supreme Court has granted petitions for writs of certiorari in cases challenging the tariffs imposed by President Trump. This formal petition requests that the Supreme Court review the decision made by a lower court. Granting this writ of certiorari indicates the Court's agreement to hear and subsequently rule on the case. This development directly impacts e-commerce businesses navigating the current trade landscape.…
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EIA Files Motion for Preliminary Injunction Against Texas Senate Bill 140
September 8, 2025
The 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.…
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Ecommerce Innovation Alliance Files Lawsuit To Block Texas Senate Bill 140
September 2, 2025
The EIA announced today that it has filed a "Complaint For Declaratory And Injunctive Relief" in the U.S. District Court for the Western District of Texas. The lawsuit seeks to prevent the enforcement of Texas Senate Bill 140 that made significant changes to the Texas Business & Commerce Code. Most notably, expanding the definition of "telephone solicitation" to include text messages. This change subjects ecommerce businesses that send text messages to individuals, even those who have consented, to burdensome registration, reporting, and disclosure requirements.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
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