FCC’s 1:1 Consent Rule Takes Effect January 27, 2025
November 22, 2024
In December 2023, the Federal Communications Commission (“FCC”) voted to adopt a new “one-to-one” consent requirement for telemarketing texts and autodialed phone calls. While the goal of this change is "to protect consumers from unwanted and illegal text messages and calls", the Order may impact ecommerce brands that collaborate with other companies for joint list growth initiatives, including joint giveaways or contests. This new regulation takes effect on January 27, 2025.
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EIA Leads Opposition to FCC’s AI-Generated Text Messaging Proposal
November 19, 2024
The Ecommerce Innovation Alliance (EIA) has been a vocal critic of the Federal Communications Commission's (FCC) proposed rulemaking concerning "AI-generated calls," which would impose new consent requirements for ecommerce companies using AI to improve the text messages they send to their subscribers. In its Reply Comments, filed with the FCC last week, EIA reiterated its stance, arguing that the proposed definition is overly broad, lacks a legal basis for regulating text message marketing, and risks stifling innovation within the ecommerce industry.
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FCC Chair Acknowledges Limits of the FCC’s Authority Over SMS
July 29, 2024
In a recent letter to Congress, FCC Chairwoman Jessica Rosenworcel acknowledged the Commission’s limited authority over text messages and called on Congress to amend the TCPA. In light of the Supreme Court’s decision in Loper Bright, invalidating Chevron deference, this acknowledgment could impact the Commission’s ability to adopt new regulations without Congressional action.
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FCC Chairwoman Seeks to Regulate E-commerce Use of AI
July 22, 2024
Last week, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel released a draft of a Notice of Proposed Rulemaking (NPRM). If adopted, this NPRM would initiate a formal rulemaking process that could lead to regulations concerning the use of AI by marketers in automated calls and text messages.
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Republican Leaders Call on FCC to Address End of Chevron Deference
July 21, 2024
The Republican Chairs of the House Committee on Energy and Commerce and House Committee on Oversight and Accountability recently sent a letter to FCC Chairwoman Jessica Rosenworcel highlighting the Supreme Court’s decision overturning the doctrine of Chevron deference, a principle that has guided judicial review of administrative agency interpretations for nearly four decades. The Republican Committee Chairs call on the FCC to identify actions that may be impacted by the Supreme Court’s recent decision.
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EIA Files Comments with FCC to Protect Ecommerce SMS Strategies and Use of AI Tools
Ecommerce Innovation Alliance
October 10, 2024
The Ecommerce Innovation Alliance (EIA) filed comments with the Federal Communications Commission (FCC) in response to the agency’s recent Notice of Proposed Rulemaking (NPRM) regarding the use of Artificial Intelligence (AI) in text message marketing. This critical filing underscores EIA’s commitment to safeguarding the value that ecommerce businesses have built in their SMS marketing lists and defending their ability to use cutting-edge AI tools to drive personalization at scale.
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