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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Is the Sky Really Falling in Texas? A Closer Look at SB 140 and SMS Marketing
July 29, 2025
Recent discussions on platforms like LinkedIn have sounded the alarm regarding Texas Senate Bill 140 (SB 140), suggesting dire implications for ecommerce businesses engaging in SMS marketing. Posts highlight concerns about new registration requirements and potential litigation risks. While SB 140 does introduce significant changes, a closer look at the legal analysis suggests that the immediate panic may be overstated for many businesses, particularly those already adhering to best practices like obtaining consumer consent.…
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EIA Engages Michigan Legislators on SB 351 – A Flawed Mini-TCPA Bill
June 30, 2025
The EIA was in Lansing. Michigan last week, engaging with various members of the Michigan legislature to discuss Senate Bill 351. This bill, which aims to regulate telephone solicitation sales and related conduct, is virtually identical to Senate Bill 1037, a similar "mini-TCPA" introduced last term that ultimately failed to advance. EIA has significant concerns that SB 351 could lead to a surge in litigation against legitimate businesses operating in Michigan and nationwide, rather than effectively targeting the actual bad actors behind scam calls and texts.…
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EIA Urges Oregon Governor Kotek to Veto HB 3865
June 30, 2025
The EIA is disappointed to announce that the Oregon Legislature has passed HB 3865, and we are now urgently calling on Governor Tina Kotek to veto this problematic legislation. While we fully support the goal of protecting Oregonians from unwanted communications, HB 3865, as passed, contains provisions that will have significant, unintended consequences for legitimate small and mid-size businesses, political campaigns, and Oregon citizens alike, and presents a clear violation of First Amendment free speech protections.…
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HB 3865 Moves Forward in Oregon: Significant Disagreement Over Consumer Consent Remains
June 17, 2025
Yesterday marked another pivotal, yet deeply concerning, day in Oregon for e-commerce and other businesses nationwide as the Oregon Senate Rules Committee voted to advance House Bill 3865 towards a final passage. The vote was closely divided, reflecting the ongoing debate and significant concerns surrounding this legislation's impact on legitimate businesses.…
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Problems Persist in Oregon: EIA Reacts to Oregon Senate Judiciary Committee Advancement of HB 3865A
May 22, 2025
Yesterday, May 21st, 2025, the Oregon Senate Committee on Judiciary held a work session concerning House Bill 3865A, a measure seeking to regulate text messages and restrict their time, frequency, and manner. While the stated goal of protecting consumers from unwanted solicitations is one we support, the bill as initially passed by the House and even in its amended form, continues to raise significant concerns for legitimate businesses and consumers alike.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026