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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King v. Bon Charge Update: When Are Website Terms Actually Binding?
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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A Long-Overdue Bill Targets the Political Robocalls Everyone Hates but No One Regulates
September 16, 2026
Every election season, the same thing happens. Phones ring at dinnertime. A recorded voice launches into a pitch for a candidate, a ballot measure, or a donation. The number is unfamiliar, but the person on the receiving end has no legal recourse. On September 8, 2026, Rep. Virginia Foxx (R-NC) introduced H.R. 10310, the Robo Calls Off Phones Act, or the “Robo COP Act,” which would finally close that gap. The Ecommerce Innovation Alliance applauds the Congresswoman for taking on a problem that Washington has managed to ignore for more than twenty years.…
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FCC Set to Adopt TCPA Revocation Reforms Championed by EIA at Its September 30 Open Meeting
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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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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