EIA, Postscript, and Flux Secure Settlement with Texas
November 6, 2025
The EIA announces a successful settlement with the State of Texas in the litigation challenging the implementation of Texas Senate Bill 140 (SB 140). This outcome is a landmark victory for the entire ecommerce industry. It decisively confirms the legal position that businesses sending text messages only to consumers who have provided prior, affirmative consent are not "telemarketers" under Texas law. Consequently, these legitimate businesses are not subject to the registration requirements of Texas Business and Commerce Code Chapter 302.…
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CA Governor Newsom Signs the California Opt Me Out Act: Mandating Universal Browser Opt-Outs
November 5, 2025
California Governor Gavin Newsom signed the California Opt Me Out Act (AB 566) into law on October 8, 2025. As we previously reported, the Opt Me Out Act is a first-in-the-nation law requiring web browsers to include a built-in opt-out preference signal that lets consumers automatically tell websites not to sell or share their personal data.…
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EIA Investigates: What Exclusive Data from Texas Reveals About the SB 140 Scramble
November 4, 2025
In the final weeks of August 2025, a wave of urgent notifications swept through the ecommerce industry. Technology platforms issued stark warnings to their clients. A new Texas law, Senate Bill 140 (SB 140), was set to take effect on September 1, 2025. This legislation, they cautioned, could reclassify routine, consent-based marketing text messages as "telephone solicitations," subjecting thousands of businesses to a regulatory regime designed decades ago for boiler-room telemarketers. …
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Third Circuit Rules that Legislative Communications Not Covered by the TCPA
November 3, 2025
A recent decision from the U.S. Court of Appeals for the Third Circuit in Perrong v. Bradford has gained attention from the business and policy community. The case was filed by Andrew R. Perrong a TCPA plaintiff’s lawyer who, according to one court order, is “a habitual litigant with extensive familiarity with the TCPA” that has engaged in “gamesmanship of the lowest order,”. Perrong has pursued this case in his own name, rather than on behalf of a client, as he has done in dozens of other cases filed in the United States District Court for the Eastern District of Pennsylvania. …
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Pennsylvania Senate Unanimously Amends SB 992, Averting Adoption of Failed 1:1 Rule
October 29, 2025
The Pennsylvania Senate on October 28th, voted unanimously to approve a critical amendment to Senate Bill 992 (SB 992). The amendment, A01964, sponsored by Senator Michele Brooks, removes a problematic "one-to-one" consent provision that mirrored a defunct Federal Communications Commission (FCC) rule recently invalidated by a federal appellate court. The decisive 50-0 vote signals a strong bipartisan consensus against anchoring state law to a failed and legally unsound federal experiment.…
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A New Era for Caller ID and Consent: Unpacking the FCC’s Landmark TCPA and Robocall Rulemaking
Ecommerce Innovation Alliance
October 29, 2025
In a move poised to fundamentally reshape the landscape of voice communications in the United States, the FCC on October 28th, unanimously voted to adopt a sweeping Further Notice of Proposed Rulemaking (FNPRM). Titled "Improving Verification and Presentation of Caller Identification Information," this FNPRM represents a multifaceted regulatory initiative, targeting the twin pillars of consumer trust and business compliance. It also proposes changes that will help to curb some of the abusive litigation under the TCPA that has cropped up in recent years.…
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