Court Holds Serial TCPA Plaintiff — and His Lawyer — on the Hook for the Full Cost of Defending a Fraudulent Lawsuit
October 9, 2026
For years, ecommerce brands have watched a cottage industry of serial TCPA plaintiffs turn marketing compliance into a settlement business. A new order out of the Eastern District of Missouri shows what can happen when a defendant refuses to pay up — and when a court is willing to look past the complaint to the conduct behind it. On Sept 30th, Judge Schelp ordered that Fisher Investments is entitled to recover all of the reasonable attorney’s fees it spent defending against a TCPA lawsuit the court found was brought “in complete bad faith.” Just as notable: the plaintiff’s attorney and his law firm are jointly and severally liable for the entire award.…
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A Long-Overdue Bill Targets the Political Robocalls Everyone Hates but No One Regulates
September 16, 2026
Every election season, the same thing happens. Phones ring at dinnertime. A recorded voice launches into a pitch for a candidate, a ballot measure, or a donation. The number is unfamiliar, but the person on the receiving end has no legal recourse. On September 8, 2026, Rep. Virginia Foxx (R-NC) introduced H.R. 10310, the Robo Calls Off Phones Act, or the “Robo COP Act,” which would finally close that gap. The Ecommerce Innovation Alliance applauds the Congresswoman for taking on a problem that Washington has managed to ignore for more than twenty years.…
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FCC Set to Adopt TCPA Revocation Reforms Championed by EIA at Its September 30 Open Meeting
September 11, 2026
The FCC has announced that it will vote at its September 30, 2026 open meeting to adopt a Report and Order and Further Notice of Proposed Rulemaking that would modernize the TCPA’s consent revocation rules — and the draft order, circulated publicly on September 9, cites the Ecommerce Innovation Alliance’s comments in support of two of its most consequential reforms. For EIA members, this is a significant win. …
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The AI Disclosure Bill Merchants Should Be Watching: A Look at the QUIET Act Ahead of This Week’s Subcommittee Hearing
July 20, 2026
On Wednesday, July 22nd, the House Energy & Commerce Subcommittee on Communications and Technology will hold a legislative hearing titled "Protecting Communications Networks and Improving Connectivity" in 2123 Rayburn. Chairmen Brett Guthrie (KY-02) and Richard Hudson (NC-09) announced the hearing on July 15, framing it around three goals: protecting Americans from foreign threats like China, cracking down on illegal robocalls and scammers, and expanding broadband access.…
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NC Senate Fixes a Last-Minute Robocall Amendment to HB 936 That Could Have Banned AI Calls and Texts — Even With Consumer Consent
June 18, 2026
When the North Carolina House sent House Bill 936, “Robocall Solicitation Modifications,” to the Senate last year, it did so unanimously — 110-0. The bill that left the House was a measured update to the state’s telephone solicitation laws, and the House had already worked with EIA and other business groups to adopt an amendment removing the problematic one-to-one consent requirement we wrote about previously. It looked like a clean story.…
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Update: FCC Adopts Exclusive Opt-Out Rule, a Major Step Against “Opt-Out Evader” Litigation
Ecommerce Innovation Alliance
October 1, 2026
At its September 30th Open Meeting, the Federal Communications Commission adopted the TCPA consent revocation reforms we previewed in our September 11 post, "FCC Set to Adopt TCPA Revocation Reforms Championed by EIA at Its September 30 Open Meeting", including a change EIA has long pushed for: businesses can now designate an exclusive method for consumers to opt out. All three current Commissioners voted for the Report and Order and Further Notice of Proposed Rulemaking (FCC 26-67, CG Docket No. 02-278). …
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