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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LEGISLATIVE ALERT: Michigan SB 1037 Would Harm Ecommerce Companies Nationwide
November 11, 2024
The Ecommerce Innovation Alliance (EIA) is closely following developments with a bill that would create a Michigan mini-TCPA, including a private right of action, and which may be debated before the end of the year. Michigan Senate Bill 1037, which was introduced on October 16, 2024, is currently being considered by the Michigan Senate Committee on Finance, Insurance, and Consumer Protection. The EIA has recently met with the office of the committee chair, Senator Mary Cavanagh, who is also the bill's lead sponsor, to discuss its significant concerns and urge for a more balanced approach.
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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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Ecommerce Innovation Alliance Announces Inaugural Board
October 7, 2024
The Ecommerce Innovation Alliance is thrilled to introduce its inaugural Board of Directors, bringing together leaders with diverse expertise in eCommerce, law, and digital strategy.
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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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