After 11th Circuit Strikes Down FCC’s One-to-One Consent Rule, North Carolina Proposes Its Own Version
May 1, 2025
The landscape of consent for automated calls and texts remains complex following the 11th Circuit Court's decision to vacate the FCC's ultra vires "one-to-one" consent rule. As we've discussed previously on the EIA blog, this ruling invalidated the FCC’s efforts to put new restrictions on consumer’s ability to provide consent to receive calls from multiple businesses at the same time.…
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Forfeiture Orders, Court Battles, and the Complexities of Real-Time Location Data
April 30, 2025
A recent decision by the United States Court of Appeals for the Fifth Circuit, vacating a significant $57 million forfeiture order against AT&T, has sent ripples through the telecommunications industry and drawn responses from the FCC in other ongoing court cases. This ruling, and the subsequent reactions, highlight critical questions about agency enforcement powers, constitutional rights, and the practical challenges businesses face complying with location-based regulations in an era of heightened data privacy.…
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FCC Continues Efforts to Implement Technical Solutions to Fight Scam and Spam Robocalls
April 29, 2025
At its April 2025 opening meeting, the FCC adopted a Notice of Proposed Rulemaking (NPRM) focused on addressing a known vulnerability in our telecommunications network that has hindered efforts to prevent these nuisance calls: the non-Internet Protocol (IP) caller ID authentication gap. This NPRM is the latest in a series of steps the Commission has taken to combat illegal robocalls and fraud through technical solutions, a path directed by Congress in the TRACED Act.…
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EIA Rallies Industry to Advocate for Changes to Oregon HB 3865
April 25, 2025
On April 24, 2025, the Oregon Senate Judiciary Committee held a public hearing on House Bill 3865A, a measure seeking to regulate text messages, and to restrict the time, frequency, and manner of these communications. While the stated goal of protecting consumers from unwanted solicitations is widely supported, representatives from the technology and e-commerce industries testified regarding significant concerns about the bill's potential for unintended consequences for legitimate businesses and consumers alike.…
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Law360 Coverage of “Quiet Hours” Petition Highlights EIA’s Efforts to End Frivolous TCPA Litigation
April 23, 2025
The EIA appreciates Law360’s recent coverage of our petition to the Federal Communications Commission (FCC) regarding the "quiet hours" rule and text marketing messages received outside the hours of 8 A.M. to 9 P.M. The article, "Courts Equipped For Frivolous 'Quiet Hour' Suits, FCC Told," published on April 21, 2025, provided valuable insight into our proactive efforts to address a critical issue impacting law-abiding businesses in the e-commerce sector. …
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Reply Comments Underscore Urgent Need for FCC Action to Curb Abusive ‘Quiet Hours’ Litigation
Ecommerce Innovation Alliance
April 29, 2025
The EIA recently filed reply comments with the FCC in strong support of our Petition for Expedited Declaratory Ruling and/or Waiver. This filing, along with filings from other industry participants like the Mobile Ecosystem Forum (MEF) and Responsible Enterprises Against Consumer Harassment (R.E.A.C.H.), reinforces the critical need for the Commission to act decisively to address an escalating crisis of frivolous litigation exploiting the Telephone Consumer Protection Act (TCPA).…
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