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 Flawed Blueprint: Why Michigan’s SB 351 Repeats Past Mistakes and Ignores Proven Solutions
October 23, 2025
Yesterday, before the Michigan Senate Finance and Consumer Protection Committee, a critical debate unfolded regarding Senate Bill 351, a legislative package aimed at combating the scourge of illegal robocalls and fraudulent text messages. The bill’s sponsor, Committee Chair Mary Cavanagh, and its supporters from the Attorney General’s office rightly identified a problem that plagues every Michigander. On this point, there is universal agreement. The goal of protecting consumers from harassment and fraud is a shared one, a sentiment echoed by all who testified.…
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Mini-TCPA Action Alert: Massachusetts HB 363 Threatens Legitimate Ecommerce
October 2, 2025
On October 1st, I had the opportunity to provide testimony before the Joint Committee on Consumer Protection and Professional Licensure regarding HB 363, "An Act clarifying telephone solicitation". This bill, presented by Representative Michael J. Finn, proposes further regulation of telephone solicitation, including a prohibition on all robocalls to “any hands-free mobile telephones, mobile electronic devices and mobile telephones” subject to an exception for “informational calls,” which is awkwardly (and misleadingly) defined to include calls and texts sent in the context of a pre-existing business relationship.…
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BREAKING: Texas AG Tells Court That EIA Members and Postscript Are Exempt from SB 140
September 29, 2025
The EIA, on behalf of its members, together with Postscript and Flux Footwear, filed a Motion for Preliminary Injunction seeking to immediately halt enforcement of Texas SB 140. On Friday, Sept 26th, the State of TX through AG Paxton’s office, filed a detailed Response. The State’s primary argument is that the law does not actually regulate text messages sent by EIA members, Postscript and Flux Footwear because they are sent with a consumer’s prior consent. Texas asserts that the Plaintiffs do not need an injunction because SB 140 does not “proscribe[ ] their conduct.”…
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Pennsylvania Senate Bill 992 and Its Potential Impact on Ecommerce Telemarketing
September 12, 2025
The EIA is closely monitoring Pennsylvania Senate Bill 992, a bipartisan bill introduced on September 5th, which recently passed the Senate Consumer Protection & Professional Licensure committee with a 14-0 vote and is currently pending action on the Senate Floor. SB 992 aims to update and expand the law to further define registration requirements, unlawful acts, and prohibitions related to telemarketing screening products. Notably, it expands the existing law to address ringless voicemail and text messages sent to residential, business, or wireless telephone subscribers within Pennsylvania. …
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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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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026