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Update: FCC Adopts Exclusive Opt-Out Rule, a Major Step Against "Opt-Out Evader" Litigation

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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The Fight Continues: Michigan Senate Passes SB 351 Despite Significant Risks to Ecommerce

Rep. Rylee Linting Introduces the Solicitation and Oversight Partnership Act, a Better Model for Michigan and a Clear Alternative to SB 351

Ecommerce Innovation Alliance

September 25, 2026

The new House bill protects consumers from abusive calls and texts by aligning with federal law, while providing tools to curb frivolous claims against businesses Michigan lawmakers now have two very different approaches to regulating telephone and text solicitations in front of them. The first is Senate Bill 351. The Senate passed it unanimously in January over objections from the EIA and other business groups. It follows the Florida mini-TCPA’s original playbook.…

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FCC to Consider Eliminating Key TCPA Rules at October 28 Meeting

FCC Set to Adopt TCPA Revocation Reforms Championed by EIA at Its September 30 Open Meeting

Ecommerce Innovation Alliance

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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H.R. 1027 Quashing Unwanted and Interruptive Electronic Telecommunications Act (QUIET) Act and Artificial Intelligence (AI) Illegal Robocalls

The AI Disclosure Bill Merchants Should Be Watching: A Look at the QUIET Act Ahead of This Week’s Subcommittee Hearing

Ecommerce Innovation Alliance

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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Rabbitt v. Rohrman - Is a Text Message a Call for TCPA and Do Not Call (DNC)

When Is a Text a “Call”? Courts Remain Split and Ecommerce Businesses Are Caught in the Middle

Ecommerce Innovation Alliance

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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FCC NPRMs from March 2026 Meeting

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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