EIA Testifies About Concerns Over Proposed Text Messaging Regulations in Oregon
March 17, 2025
David Carter, President and CEO of the Ecommerce Innovation Alliance (EIA), recently testified before the Oregon House Committee on Commerce and Consumer Protection regarding House Bill 3865. The EIA expressed several concerns about the potential unintended consequences of the bill, which aims to update telemarketing laws to include text messages. …
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EIA Fights Back Against “Quiet Hours” Shakedown Litigation
March 3, 2025
The Ecommerce Innovation Alliance (EIA) and other petitioners filed a petition today with the FCC to address an alarming surge in frivolous litigation exploiting the Telephone Consumer Protection Act (TCPA). The petition seeks a declaratory ruling to confirm that individuals who provide prior express written consent to receive marketing text messages from a business cannot initiate litigation under the TCPA for messages received outside the “Quiet Hours". …
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EIA Engages with FCC on Key Issues Regarding AI
December 17, 2024
EIA is committed to fostering a regulatory environment that encourages innovation and growth within the ecommerce sector. As part of this commitment, the EIA recently participated in two meetings with the FCC to discuss proposed rules that would require ecommerce companies to potentially gain new consent from existing subscribers to continue to use AI tools to send marketing SMS and or use AI-generated voices.
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FCC’s 1:1 Consent Rule Takes Effect January 27, 2025
November 22, 2024
In December 2023, the Federal Communications Commission (“FCC”) voted to adopt a new “one-to-one” consent requirement for telemarketing texts and autodialed phone calls. While the goal of this change is "to protect consumers from unwanted and illegal text messages and calls", the Order may impact ecommerce brands that collaborate with other companies for joint list growth initiatives, including joint giveaways or contests. This new regulation takes effect on January 27, 2025.
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FCC Chair Acknowledges Limits of the FCC’s Authority Over SMS
July 29, 2024
In a recent letter to Congress, FCC Chairwoman Jessica Rosenworcel acknowledged the Commission’s limited authority over text messages and called on Congress to amend the TCPA. In light of the Supreme Court’s decision in Loper Bright, invalidating Chevron deference, this acknowledgment could impact the Commission’s ability to adopt new regulations without Congressional action.
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The FCC Accepts EIA’s Petition and Requests Public Comments
Ecommerce Innovation Alliance
March 12, 2025
The Ecommerce Innovation Alliance (EIA) and other petitioners filed a petition for declaratory ruling with the Federal Communications Commission (FCC) to address an alarming surge in frivolous litigation exploiting the Telephone Consumer Protection Act (TCPA). The FCC has quickly acknowledged the importance of EIA’s petition, issuing an order on March 11, 2025 inviting public comment on the serious issues raised by EIA.…
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