EIA, Postscript, and Flux Secure Settlement with Texas
November 6, 2025
The EIA announces a successful settlement with the State of Texas in the litigation challenging the implementation of Texas Senate Bill 140 (SB 140). This outcome is a landmark victory for the entire ecommerce industry. It decisively confirms the legal position that businesses sending text messages only to consumers who have provided prior, affirmative consent are not "telemarketers" under Texas law. Consequently, these legitimate businesses are not subject to the registration requirements of Texas Business and Commerce Code Chapter 302.…
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EIA Investigates: What Exclusive Data from Texas Reveals About the SB 140 Scramble
November 4, 2025
In the final weeks of August 2025, a wave of urgent notifications swept through the ecommerce industry. Technology platforms issued stark warnings to their clients. A new Texas law, Senate Bill 140 (SB 140), was set to take effect on September 1, 2025. This legislation, they cautioned, could reclassify routine, consent-based marketing text messages as "telephone solicitations," subjecting thousands of businesses to a regulatory regime designed decades ago for boiler-room telemarketers. …
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Pennsylvania Senate Unanimously Amends SB 992, Averting Adoption of Failed 1:1 Rule
October 29, 2025
The Pennsylvania Senate on October 28th, voted unanimously to approve a critical amendment to Senate Bill 992 (SB 992). The amendment, A01964, sponsored by Senator Michele Brooks, removes a problematic "one-to-one" consent provision that mirrored a defunct Federal Communications Commission (FCC) rule recently invalidated by a federal appellate court. The decisive 50-0 vote signals a strong bipartisan consensus against anchoring state law to a failed and legally unsound federal experiment.…
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A Flawed Blueprint: Why Michigan’s SB 351 Repeats Past Mistakes and Ignores Proven Solutions
October 23, 2025
Yesterday, before the Michigan Senate Finance and Consumer Protection Committee, a critical debate unfolded regarding Senate Bill 351, a legislative package aimed at combating the scourge of illegal robocalls and fraudulent text messages. The bill’s sponsor, Committee Chair Mary Cavanagh, and its supporters from the Attorney General’s office rightly identified a problem that plagues every Michigander. On this point, there is universal agreement. The goal of protecting consumers from harassment and fraud is a shared one, a sentiment echoed by all who testified.…
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Unanimous Committee Vote Propels Strengthened Foreign Robocall Elimination Act to Senate Floor
October 23, 2025
In a rare but powerful display of bipartisan consensus, the Senate Committee on Commerce, Science, and Transportation on October 21, 2025, unanimously voted to advance the Foreign Robocall Elimination Act (S. 2666). This decisive action, which followed a thorough markup session, clears the amended legislation for consideration by the full Senate, marking a critical milestone in the ongoing federal effort to combat the persistent scourge of illegal robocalls. The bill's advancement is particularly noteworthy as it represents the first piece of legislation specifically targeting robocalls to be approved by this influential committee since 2020.…
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A New Era for Caller ID and Consent: Unpacking the FCC’s Landmark TCPA and Robocall Rulemaking
Ecommerce Innovation Alliance
October 29, 2025
In a move poised to fundamentally reshape the landscape of voice communications in the United States, the FCC on October 28th, unanimously voted to adopt a sweeping Further Notice of Proposed Rulemaking (FNPRM). Titled "Improving Verification and Presentation of Caller Identification Information," this FNPRM represents a multifaceted regulatory initiative, targeting the twin pillars of consumer trust and business compliance. It also proposes changes that will help to curb some of the abusive litigation under the TCPA that has cropped up in recent years.…
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