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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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Multi-State Privacy Sweep Targets Ecommerce Brands on Global Privacy Control Compliance

Supreme Court Privacy Case Could Expand Liability for Ecommerce Businesses

Ecommerce Innovation Alliance

February 18, 2026

The U.S. Supreme Court has agreed to hear Salazar v. Paramount Global, a case that could significantly reshape how the Video Privacy Protection Act (VPPA) applies to digital businesses. The Court’s decision could determine how far this 1988 law extends in today’s ecommerce ecosystem. For ecommerce business owners, the outcome could determine whether routine website features like product videos, pixels, and analytics tools carry new litigation risk.…

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McLaughlin v. McKesson - District Courts Are Split Over Whether “Telephone Call” Means “Text Message”

District Courts Are Split in Grappling Over Whether “Telephone Call” Means “Text Message” Under TCPA’s Private Right of Action for DNC Violations

Artin Betpera

December 22, 2025

The Supreme Court’s opinion in McLaughlin v. McKesson has ushered in a new era for TCPA litigation, and opened doors to challenges that defendants were precluded from making prior to the Supreme Court’s decision.  The most recent litigation battleground McLaughlin has opened is the question of whether the words “telephone call” used in 47 U.S.C. § 227(c)(5) means “text message”. …

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Image of Supreme Court building and McLaughlin v. McKesson ruling

Supreme Court’s Landmark Decision in McLaughlin v. McKesson Ushers in a New Era for TCPA Litigation

Ecommerce Innovation Alliance

June 23, 2025

On June 20, 2025, the Supreme Court handed down its decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, a ruling that fundamentally redefines the interpretive authority of district courts in civil enforcement proceedings under the Telephone Consumer Protection Act (TCPA). …

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Shifting Sands: SCOTUS Agrees to Revisit FCC Deference Under the Hobbs Act

Ecommerce Innovation Alliance

October 8, 2024

In a significant development, the U.S. Supreme Court has granted certiorari to revisit whether federal district courts must defer to the Federal Communications Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA) under the Administrative Orders Review Act, 28 U.S.C. §2342(1), commonly known as the Hobbs Act.

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