When Is a Text a “Call”? Courts Remain Split and Ecommerce Businesses Are Caught in the Middle
April 10, 2026
The legal landscape around SMS marketing is becoming more complex and more consequential for ecommerce businesses. A recent Illinois federal court decision in Rabbitt v. Rohrman Midwest Motors adds new momentum to a growing divide among courts: whether a text message qualifies as a “call” under the Telephone Consumer Protection Act (TCPA). In Rabbitt v. Rohrman, the court concluded that it can. This brings SMS messages within the scope of the TCPA’s Do Not Call (DNC) rules.…
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Appeals Court Rules Arbitration Applies to TCPA Marketing Texts — Even Years After a Customer Contract Ends
March 12, 2026
On March 5th, the U.S. Court of Appeals for the Eighth Circuit ruled in Kristi VonDeylen v. Aptive Environmental, LLC that claims brought under the Telephone Consumer Protection Act (TCPA) must be resolved through arbitration when they relate to a contractual relationship between a consumer and a business — even if the messages at issue were sent years after the original services ended.…
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Fifth Circuit TCPA Decision Raises Questions About Written Consent — But Businesses Should Proceed Carefully
March 5, 2026
A recent decision from the U.S. Court of Appeals for the Fifth Circuit has sparked discussion in the marketing and compliance community. In Bradford v. Sovereign Pest Control, LLC, the court addressed whether the Telephone Consumer Protection Act (TCPA) itself requires “prior express written consent” for certain telemarketing calls and texts. The Fifth Circuit concluded that the statute requires “prior express consent,” but does NOT explicitly require that the consent be in writing. …
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Common Sense Compliance: Why EIA is Fighting to Fix the FCC’s Consent Revocation Rules
January 5, 2026
Today, the EIA filed critical comments with the Federal Communications Commission (FCC) in response to the Ninth Further Notice of Proposed Rulemaking. As part of the Commission's ambitious "Delete, Delete, Delete" initiative—which seeks to excise obsolete and harmful regulations—we are seizing this opportunity to advocate for a modernization of the Telephone Consumer Protection Act (TCPA).…
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District Courts Are Split in Grappling Over Whether “Telephone Call” Means “Text Message” Under TCPA’s Private Right of Action for DNC Violations
December 22, 2025
The Supreme Court’s opinion in McLaughlin v. McKesson has ushered in a new era for TCPA litigation, and opened doors to challenges that defendants were precluded from making prior to the Supreme Court’s decision. The most recent litigation battleground McLaughlin has opened is the question of whether the words “telephone call” used in 47 U.S.C. § 227(c)(5) means “text message”. …
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The FCC Just Proposed New Rules About Offshore Call Centers and Robocall Crackdowns — But Most of It Isn’t About You (Yet)
Ecommerce Innovation Alliance
March 31, 2026
The FCC eleased two significant Notices of Proposed Rulemaking (NPRMs) on March 27, 2026, both adopted March 26, 2026. While neither is specifically directed at ecommerce companies, the proposals could carry real implications for how online retailers and direct-to-consumer brands will communicate with customers — and how the infrastructure underlying those communications is regulated. Here is a plain-language breakdown of what the FCC is proposing, what's still just a question being asked, and where ecommerce operators should pay close attention.…
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