65 TCPA Lawsuits, One Destroyed Computer, and a Federal Judge Who Had Enough
April 13, 2026
A Missouri federal court's devastating 26-page sanctions order in Human v. Fisher Investments offers a rare, detailed look at the predatory litigation model that has become a growing threat to legitimate businesses — including ecommerce merchants. Last week, Judge Matthew T. Schelp of the U.S. District Court for the Eastern District of Missouri issued one of the most striking TCPA sanctions orders in recent memory…
READ FULL POST
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.…
READ FULL POST
Beyond the Fifth Circuit: New Ruling Deepens the Legal Divide on TCPA Written Consent Requirement
March 26, 2026
A Maryland federal ruling reinforces growing uncertainty around “written consent” requirements under the TCPA. Just days after the U.S. Court of Appeals for the Fifth Circuit raised questions about whether prior express consent under the Telephone Consumer Protection Act (TCPA) must be in writing, another court has reached a similar conclusion—this time in a different jurisdiction. In Bradley v. DentalPlans.com, a federal judge in Maryland held that the TCPA does not explicitly require written consent for certain telemarketing communications. …
READ FULL POST
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.…
READ FULL POST
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. …
READ FULL POSTPost categories
- Industry News (5)
- Legal Update (20)
- Legislative Update (77)
- Organization News (5)
- Regulatory Update (64)
REcent Posts
Popular Tags
Ecommerce Innovation Alliance (116) EIA (115) FCC (65) FCC petition (18) Federal Communications Commission (49) Frivolous Lawsuits (17) illegal calls (18) mini-TCPA (25) Notice of Proposed Rulemaking (18) nuisance calls (15) quiet hours (25) robocalls (27) scam phone calls (22) shakedown litigation (24) SMS (33) sms marketing (54) spam calls (27) spam phone calls (19) TCPA (63) TCPA lawsuits (18) Telephone Consumer Protection Act (47) text messages (35) text messaging (29) text messaging laws (22) tracking technologies (17)
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.…
READ FULL POST