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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U.S. Supreme Court to Hear Trump Tariff Cases, Arguments Set for November 2025
September 10, 2025
The U.S. Supreme Court has granted petitions for writs of certiorari in cases challenging the tariffs imposed by President Trump. This formal petition requests that the Supreme Court review the decision made by a lower court. Granting this writ of certiorari indicates the Court's agreement to hear and subsequently rule on the case. This development directly impacts e-commerce businesses navigating the current trade landscape.…
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EIA Files Motion for Preliminary Injunction Against Texas Senate Bill 140
September 8, 2025
The EIA today announced the filing of a Motion for Preliminary Injunction in its lawsuit challenging Texas Senate Bill 140 (SB140). This action, filed in the U.S. District Court for the Western District of Texas, seeks to immediately halt the enforcement of SB 140 against the EIA, its co-plaintiffs Flux Footwear, LLC, Postscript and all EIA members.…
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Ecommerce Innovation Alliance Files Lawsuit To Block Texas Senate Bill 140
September 2, 2025
The EIA announced today that it has filed a "Complaint For Declaratory And Injunctive Relief" in the U.S. District Court for the Western District of Texas. The lawsuit seeks to prevent the enforcement of Texas Senate Bill 140 that made significant changes to the Texas Business & Commerce Code. Most notably, expanding the definition of "telephone solicitation" to include text messages. This change subjects ecommerce businesses that send text messages to individuals, even those who have consented, to burdensome registration, reporting, and disclosure requirements.…
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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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FCC Removes Over 1,200 More Non-Compliant Voice Providers from U.S. Networks
Ecommerce Innovation Alliance
September 11, 2025
The EIA recognizes the FCC’s recent action to remove over 1,200 additional non-compliant voice service providers from the Robocall Mitigation Database. This enforcement, effective August 25, 2025, directly disconnects these providers from U.S. phone networks until they comply with FCC regulations. This latest action builds upon the FCC's prior removal of 185 providers earlier in August. …
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