A Tale of Two Circuits: How Conflicting Rulings on Customer Location Data Will Shape the Future of Telemarketing Compliance
August 19, 2025
The telecommunications industry is currently navigating a complex legal landscape, with recent decisions from two different U.S. Courts of Appeals reaching conflicting decisions on critical questions surrounding customer data privacy, agency enforcement powers, and fundamental constitutional rights. The U.S. Court of Appeals for the District of Columbia Circuit has upheld a significant FCC forfeiture order regarding sharing location-based data against Sprint and T-Mobile, while the Fifth Circuit earlier vacated a similar order against AT&T. …
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Federal Court Allows TCPA Claims for Company’s Failure to Include Its Name in Marketing Texts: Why We Believe The Court Got it Wrong
August 12, 2025
In Newell v. JR Capital, LLC, a federal judge in the Eastern District of Pennsylvania recently addressed a motion to dismiss a claim alleging violations of the Telephone Consumer Protection Act (TCPA) related to marketing text messages. The plaintiff, Jourey Newell, claimed that JR Capital sent him five telemarketing text messages without required caller identification information, specifically JR Capital's name, which he alleged violated 47 C.F.R. § 64.1601(e). …
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EIA Files Comments over Proposed Changes to the New Jersey Data Protection Act that Could Impact Ecommerce Brands Nationwide
August 4, 2025
The EIA has submitted our comprehensive comments on proposed New Jersey privacy rules. As we highlighted previously, the proposed new privacy regulations, released on June 2, 2025, appear to go "significantly beyond" the existing NJDPA and introduce requirements that diverge substantially from other comprehensive state privacy laws. Our comments emphasize that these proposed rules raise significant concerns for ecommerce brands nationwide, particularly for smaller businesses operating across state lines.…
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Ecommerce Implications: Inside the Federal Circuit’s High-Stakes En Banc Hearing on President Trump’s Tariff Authority
July 31, 2025
Today, the U.S. Court of Appeals for the Federal Circuit in Washington D.C. held a highly anticipated en banc oral argument in the case of V.O.S. Selections, Inc. v. Trump, a pivotal case challenging the legality of President Trump's tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The case involves tariffs imposed by President Trump on various goods, including those related to Canada, Mexico, and China, as well as "Liberation Day" tariffs. …
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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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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026