EIA Fights Back Against “Quiet Hours” Shakedown Litigation
March 3, 2025
The Ecommerce Innovation Alliance (EIA) and other petitioners filed a petition today with the FCC to address an alarming surge in frivolous litigation exploiting the Telephone Consumer Protection Act (TCPA). The petition seeks a declaratory ruling to confirm that individuals who provide prior express written consent to receive marketing text messages from a business cannot initiate litigation under the TCPA for messages received outside the “Quiet Hours". …
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BREAKING NEWS: FCC’s 1:1 Consent Rule Overturned
January 24, 2025
In a landmark decision, the United States Court of Appeals for the Eleventh Circuit has struck down key components of the Federal Communications Commission's (FCC) 2023 Order, including the controversial "one-to-one consent" rule governing robocalls and robotexts. The court found that the FCC overstepped its statutory authority by redefining "prior express consent" in a manner inconsistent with the language and intent of the Telephone Consumer Protection Act (TCPA).…
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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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EIA Files Comments with FCC to Protect Ecommerce SMS Strategies and Use of AI Tools
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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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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