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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King v. Bon Charge Update: When Are Website Terms Actually Binding?

King v. Bon Charge Update: When Are Website Terms Actually Binding?

Ecommerce Innovation Alliance

September 21, 2026

A new ruling in King v. Bon Charge offers an important reminder for ecommerce businesses: simply placing Terms & Conditions on a website may not be enough to make them enforceable. We previously covered King v. Bon Charge in connection with TCPA “quiet hours” litigation, where the court allowed the plaintiff’s Do-Not-Call Registry claim to proceed while dismissing other claims. The case has now produced a separate ruling with implications well beyond the TCPA.…

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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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Gerald Lane Forced to Acknowledge Under Oath That 145 Show-Cause Orders

Gerald Lane Forced to Acknowledge Under Oath That 145 Show-Cause Orders Have Been Issued in Central District of California; Judges in the District Then Issue Six More

Ecommerce Innovation Alliance

July 31, 2026

Last fall we reported on Gerald D. Lane, Jr. and a handful of missed deadlines in his sprawling "quiet hours" litigation campaign. We noted then that "judges in dozens of other quiet hour cases have also filed Orders to Show Cause." Ten months later, that pattern has not slowed — it has compounded. The Order to Show Cause (OSC) is a court's warning shot: comply with a deadline or a rule, or explain yourself and risk dismissal or sanctions. …

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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood

Layoffs Hit PLG Damages Attorneys, the Firm Behind a Recent Surge of Quiet-Hours Litigation

Ecommerce Innovation Alliance

June 23, 2026

The firm behind the new quiet-hours filing campaign we have been tracking has gone through a round of layoffs across both its California and Florida operations according to Faythe Gutierrez, the attorney whose California filings first put the firm on our radar.  Ms. Gutierrez confirmed to EIA that she was part of the layoffs.…

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"King v. Bon Charge" Marks An Opportunity to Fight Back Against Meritless TCPA “Quiet Hours” Litigation

“King v. Bon Charge” Marks An Opportunity to Fight Back Against Meritless TCPA “Quiet Hours” Litigation

Ecommerce Innovation Alliance

May 22, 2026

A federal court has issued a ruling on the ongoing fight over TCPA “quiet hours” litigation — and ecommerce businesses should pay close attention. The decision in King v. Bon Charge challenges a growing wave of lawsuits targeting businesses for allegedly contacting consumers during federally restricted “quiet hours,” even when those consumers voluntarily provided their phone numbers and consented to receive communications.  …

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