The Fight Continues: Michigan Senate Passes SB 351 Despite Significant Risks to Ecommerce
January 31, 2026
For months, we have been on the ground in Lansing, meeting with legislators and sounding the alarm regarding Michigan Senate Bill 351. Despite this effort, yesterday, the Michigan Senate passed SB 351 with unanimous, bipartisan support. While the bill is framed as a crackdown on deceptive robocalls and phone scams—a goal we all share—the reality of the legislation remains deeply problematic for legitimate ecommerce businesses.…
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Legislative Alert: Michigan Senate Bill 351 Advances, Ignoring Industry Warnings
December 4, 2025
The EIA is issuing an urgent legislative update regarding Michigan Senate Bill 351, a "Mini-TCPA" bill that was reported out of the Senate Committee on Finance, Insurance, and Consumer Protection on December 3, 2025. While the stated goal of the bill is to curb illegal robocalls—a goal the EIA and its members fully support—the current text of SB 351 represents a significant threat to legitimate ecommerce businesses in Michigan and beyond, while doing little to stop actual scammers.…
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A Flawed Blueprint: Why Michigan’s SB 351 Repeats Past Mistakes and Ignores Proven Solutions
October 23, 2025
Yesterday, before the Michigan Senate Finance and Consumer Protection Committee, a critical debate unfolded regarding Senate Bill 351, a legislative package aimed at combating the scourge of illegal robocalls and fraudulent text messages. The bill’s sponsor, Committee Chair Mary Cavanagh, and its supporters from the Attorney General’s office rightly identified a problem that plagues every Michigander. On this point, there is universal agreement. The goal of protecting consumers from harassment and fraud is a shared one, a sentiment echoed by all who testified.…
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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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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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EIA Engages Michigan Legislators on SB 351 – A Flawed Mini-TCPA Bill
June 30, 2025
The EIA was in Lansing. Michigan last week, engaging with various members of the Michigan legislature to discuss Senate Bill 351. This bill, which aims to regulate telephone solicitation sales and related conduct, is virtually identical to Senate Bill 1037, a similar "mini-TCPA" introduced last term that ultimately failed to advance. EIA has significant concerns that SB 351 could lead to a surge in litigation against legitimate businesses operating in Michigan and nationwide, rather than effectively targeting the actual bad actors behind scam calls and texts.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
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