11th Circuit Hears Oral Arguments on FCC’s “1:1 Consent” Rule
December 18, 2024
The 11th Circuit Court of Appeals heard oral arguments today in a case brought by the Insurance Marketing Coalition (IMC) against the Federal Communications Commission (FCC) regarding the FCC's new 1:1 consent rules under the Telephone Consumer Protection Act (TCPA), which are currently set to become effective on January 27, 2024. The arguments focused on the FCC's rule requiring consumers to give consent to receive marketing robocalls on a one-to-one basis, for each individual company, and that this consent must be logically and topically related to the website where the consent was given.
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Following EIA Advocacy, MI Senate Committee Fails to Advance Mini-TCPA
December 17, 2024
As we reported last month, the unexpected introduction of a “mini-TCPA” in the Michigan Senate late in the legislative year raised significant concerns for EIA. Against this backdrop, EIA embarked on a campaign to ensure that the bill was not rushed through without adequate consideration for its impact on ecommerce businesses nationwide. EIA was pleased to see that the Michigan Senate Committee on Finance, Insurance, and Consumer Protection decided to hold no hearings on SB 1037, declined to vote it out of committee, and never progressed the bill to the full Senate for consideration.
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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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EIA Engages with FCC on Key Issues Regarding AI
Ecommerce Innovation Alliance
December 17, 2024
EIA is committed to fostering a regulatory environment that encourages innovation and growth within the ecommerce sector. As part of this commitment, the EIA recently participated in two meetings with the FCC to discuss proposed rules that would require ecommerce companies to potentially gain new consent from existing subscribers to continue to use AI tools to send marketing SMS and or use AI-generated voices.
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