Court Holds Serial TCPA Plaintiff — and His Lawyer — on the Hook for the Full Cost of Defending a Fraudulent Lawsuit
October 9, 2026
For years, ecommerce brands have watched a cottage industry of serial TCPA plaintiffs turn marketing compliance into a settlement business. A new order out of the Eastern District of Missouri shows what can happen when a defendant refuses to pay up — and when a court is willing to look past the complaint to the conduct behind it. On Sept 30th, Judge Schelp ordered that Fisher Investments is entitled to recover all of the reasonable attorney’s fees it spent defending against a TCPA lawsuit the court found was brought “in complete bad faith.” Just as notable: the plaintiff’s attorney and his law firm are jointly and severally liable for the entire award.…
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Rep. Rylee Linting Introduces the Solicitation and Oversight Partnership Act, a Better Model for Michigan and a Clear Alternative to SB 351
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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Fourteen Cases, One Ruling: Oregon Federal Court Slams the Class-Certification Door in Wilson v. Freeway Insurance
August 24, 2026
For nearly two years, EIA members have watched a familiar name appear atop TCPA class action complaints: Chet Michael Wilson. Last week, the fight over whether Mr. Wilson may ever serve as a class representative reached a dramatic inflection point. On August 19th, Judge Michael J. McShane granted Freeway Insurance's motion to deny class certification, denied Mr. Wilson's attempt to voluntarily dismiss his own case, and entered evidence-preservation orders reaching both the plaintiff and a non-party law firm — with a written opinion to follow. …
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Breaking: Seventh Circuit Confirms a Text Message Is Not a “Call” Under the TCPA’s Do-Not-Call Private Right of Action
July 14, 2026
The wait is over. In our earlier coverage — Seventh Circuit Weighs Whether a Text Message Is Really a "Call" Under the TCPA — we reported on oral argument in Steidinger v. Blackstone Medical Services and the panel's pointed questions about whether a 1991 statute reaches modern text messaging. Today the U.S. Court of Appeals for the Seventh Circuit answered. In a unanimous decision authored by Judge Kirsch, the court held that a text message is not a "telephone call" within the meaning of the TCPA's private right of action for Do-Not-Call violations.…
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Pennsylvania Legislature Unanimously Passes SB 992 with EIA Amendments; Bill Heads to Governor Shapiro’s Desk
July 13, 2026
Senate Bill 992 (SB 992), as amended at the request of EIA, has cleared the Pennsylvania General Assembly. On Sunday, July 12, 2026 — following the legislature's successful passage of a state budget, and in the waning hours before both chambers adjourned until September — the Pennsylvania House of Representatives approved the bill, as amended, by a unanimous vote, and the Pennsylvania Senate then unanimously agreed to concur in the House amendments. With both chambers now in agreement, SB 992 heads to Governor Josh Shapiro for his signature.…
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Seventh Circuit Weighs Whether a Text Message Is Really a “Call” Under the TCPA
June 9, 2026
The U.S. Court of Appeals for the Seventh Circuit heard oral arguments in Steidinger v. Blackstone Medical Services as it prepares to weigh in on the critical debate over whether a text message should be treated as a “telephone call” under the TCPA. For ecommerce businesses that rely on SMS marketing, customer engagement texts, and automated messaging tools, the outcome could have major implications for future TCPA litigation and compliance obligations.…
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