Update: Texas Secretary of State Fulfills Commitment to Seek Formal Attorney General Opinion as Part of EIA’s Settlement With Texas
December 19, 2025
Last month, we shared the exciting news that the Ecommerce Innovation Alliance (EIA), alongside Postscript and Flux Footwear, secured a landmark settlement with the State of Texas regarding Senate Bill 140 (SB 140). This agreement was a massive win for the ecommerce industry, confirming that businesses sending text messages with prior affirmative consent are not "telemarketers" under Texas law.…
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EIA, Postscript, and Flux Secure Settlement with Texas
November 6, 2025
The EIA announces a successful settlement with the State of Texas in the litigation challenging the implementation of Texas Senate Bill 140 (SB 140). This outcome is a landmark victory for the entire ecommerce industry. It decisively confirms the legal position that businesses sending text messages only to consumers who have provided prior, affirmative consent are not "telemarketers" under Texas law. Consequently, these legitimate businesses are not subject to the registration requirements of Texas Business and Commerce Code Chapter 302.…
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EIA Investigates: What Exclusive Data from Texas Reveals About the SB 140 Scramble
November 4, 2025
In the final weeks of August 2025, a wave of urgent notifications swept through the ecommerce industry. Technology platforms issued stark warnings to their clients. A new Texas law, Senate Bill 140 (SB 140), was set to take effect on September 1, 2025. This legislation, they cautioned, could reclassify routine, consent-based marketing text messages as "telephone solicitations," subjecting thousands of businesses to a regulatory regime designed decades ago for boiler-room telemarketers. …
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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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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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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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