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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Breaking News: North Carolina House Unanimously Adopts Amendment Eliminating One-to-One Consent Requirement Following EIA Advocacy
May 7, 2025
The NC House of Representatives has reportedly unanimously adopted Amendment No. A to HB 936. This amendment eliminates the controversial "one-to-one consent" requirement. This significant development follows extensive advocacy efforts by the EIA, including speaking directly to the NC House Judiciary 3 Committee and bringing together a coalition of industry stakeholders to raise serious concerns.…
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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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State Attorneys General Push Back Against Landmark Ruling on FCC’s 1:1 Consent Rule
March 27, 2025
The Ecommerce Innovation Alliance continues to monitor developments following the Eleventh Circuit Court of Appeals' recent decision to overturn key components of the FCC's 2023 Order, including the controversial "one-to-one consent" rule governing robocalls and robotexts. As previously reported, this ruling was a significant win for businesses utilizing lawful means to obtain consumer consent for telemarketing.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026