Mini-TCPA Action Alert: Massachusetts HB 363 Threatens Legitimate Ecommerce
October 2, 2025
On October 1st, I had the opportunity to provide testimony before the Joint Committee on Consumer Protection and Professional Licensure regarding HB 363, "An Act clarifying telephone solicitation". This bill, presented by Representative Michael J. Finn, proposes further regulation of telephone solicitation, including a prohibition on all robocalls to “any hands-free mobile telephones, mobile electronic devices and mobile telephones” subject to an exception for “informational calls,” which is awkwardly (and misleadingly) defined to include calls and texts sent in the context of a pre-existing business relationship.…
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Pennsylvania Senate Bill 992 and Its Potential Impact on Ecommerce Telemarketing
September 12, 2025
The EIA is closely monitoring Pennsylvania Senate Bill 992, a bipartisan bill introduced on September 5th, which recently passed the Senate Consumer Protection & Professional Licensure committee with a 14-0 vote and is currently pending action on the Senate Floor. SB 992 aims to update and expand the law to further define registration requirements, unlawful acts, and prohibitions related to telemarketing screening products. Notably, it expands the existing law to address ringless voicemail and text messages sent to residential, business, or wireless telephone subscribers within Pennsylvania. …
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A Tale of Two Circuits: How Conflicting Rulings on Customer Location Data Will Shape the Future of Telemarketing Compliance
August 19, 2025
The telecommunications industry is currently navigating a complex legal landscape, with recent decisions from two different U.S. Courts of Appeals reaching conflicting decisions on critical questions surrounding customer data privacy, agency enforcement powers, and fundamental constitutional rights. The U.S. Court of Appeals for the District of Columbia Circuit has upheld a significant FCC forfeiture order regarding sharing location-based data against Sprint and T-Mobile, while the Fifth Circuit earlier vacated a similar order against AT&T. …
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Federal Court Allows TCPA Claims for Company’s Failure to Include Its Name in Marketing Texts: Why We Believe The Court Got it Wrong
August 12, 2025
In Newell v. JR Capital, LLC, a federal judge in the Eastern District of Pennsylvania recently addressed a motion to dismiss a claim alleging violations of the Telephone Consumer Protection Act (TCPA) related to marketing text messages. The plaintiff, Jourey Newell, claimed that JR Capital sent him five telemarketing text messages without required caller identification information, specifically JR Capital's name, which he alleged violated 47 C.F.R. § 64.1601(e). …
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Federal Court Concludes TCPA Does Not Apply to Text Messages: What the Jones v. Blackstone Decision Means for Your SMS Marketing
July 31, 2025
A recent ruling in Jones v. Blackstone Medical Services, LLC by a federal court offers an important interpretation of the TCPA concerning Do-Not-Call claims and text messages. This decision, delivered on July 21, 2025, from the Central District of Illinois, found that the specific section of the TCPA governing Do-Not-Call rules – 47 U.S.C. § 227(c) – does not apply to text messages.…
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EIA Engages Michigan Legislators on SB 351 – A Flawed Mini-TCPA Bill
June 30, 2025
The EIA was in Lansing. Michigan last week, engaging with various members of the Michigan legislature to discuss Senate Bill 351. This bill, which aims to regulate telephone solicitation sales and related conduct, is virtually identical to Senate Bill 1037, a similar "mini-TCPA" introduced last term that ultimately failed to advance. EIA has significant concerns that SB 351 could lead to a surge in litigation against legitimate businesses operating in Michigan and nationwide, rather than effectively targeting the actual bad actors behind scam calls and texts.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
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