In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood

In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood

Ecommerce Innovation Alliance

May 14, 2026

An update to our earlier reporting, "A New Firm Joins the Quiet Hours Gold Rush." After our earlier piece on Faythe Gutierrez and PLG Damage Attorneys, PLLC ran, we received a tip that our reporting was incomplete: other attorneys at the same firm have been filing a parallel wave of quiet-hours cases in Florida federal court, and our initial search hadn’t surfaced them. The tip checks out. …

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In Depth: A New Firm Joins The Quiet Hours Gold Rush. EIA Examines The Similarities And Differences Between PLG Damages Attorneys And The Hindi Firm’s Approach

In Depth: A New Firm Joins The Quiet Hours Gold Rush

Ecommerce Innovation Alliance

May 7, 2026

The EIA Examines The Similarities And Differences Between PLG Damages Attorneys And The Hindi Firm’s Approach. PLG Damage Attorneys — a Miramar, Florida firm — files dozens of TCPA quiet hours cases in California. For the better part of a year, a single Florida law firm has dominated TCPA “quiet hours” litigation against ecommerce brands. …

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Pennsylvania Senate Unanimously Amends SB 992, Averting Adoption of Failed 1:1 Rule

Pennsylvania House Committee Advances Second Round of EIA-Backed Amendments to SB 992

Ecommerce Innovation Alliance

April 28, 2026

Today, the Pennsylvania House Consumer Protection, Technology & Utilities Committee, unanimously adopteda second package of amendments to Senate Bill 992 (SB 992), Amendment A02964, and unanimously voted to advance the bill to the full House for consideration. The amendments — sought and shaped by the EIA — sharpen the bill's definitions, create a needed exemption for businesses that are not engaged in telemarketing, and codify the standard list of opt-out keywords that consumers already use every day to stop unwanted text messages.…

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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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FCC NPRMs from March 2026 Meeting

The FCC Just Proposed New Rules About Offshore Call Centers and Robocall Crackdowns — But Most of It Isn’t About You (Yet)

Ecommerce Innovation Alliance

March 31, 2026

The FCC eleased two significant Notices of Proposed Rulemaking (NPRMs) on March 27, 2026, both adopted March 26, 2026. While neither is specifically directed at ecommerce companies, the proposals could carry real implications for how online retailers and direct-to-consumer brands will communicate with customers — and how the infrastructure underlying those communications is regulated. Here is a plain-language breakdown of what the FCC is proposing, what's still just a question being asked, and where ecommerce operators should pay close attention.…

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In Bradley v. DentalPlans.com Maryland federal court rules TCPA does not explicitly require written consent

Beyond the Fifth Circuit: New Ruling Deepens the Legal Divide on TCPA Written Consent Requirement

Ecommerce Innovation Alliance

March 26, 2026

A Maryland federal ruling reinforces growing uncertainty around “written consent” requirements under the TCPA. Just days after the U.S. Court of Appeals for the Fifth Circuit raised questions about whether prior express consent under the  Telephone Consumer Protection Act (TCPA) must be in writing, another court has reached a similar conclusion—this time in a different jurisdiction. In Bradley v. DentalPlans.com, a federal judge in Maryland held that the TCPA does not explicitly require written consent for certain telemarketing communications. …

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