Appeals Court Rules Arbitration Applies to TCPA Marketing Texts — Even Years After a Customer Contract Ends
March 12, 2026
On March 5th, the U.S. Court of Appeals for the Eighth Circuit ruled in Kristi VonDeylen v. Aptive Environmental, LLC that claims brought under the Telephone Consumer Protection Act (TCPA) must be resolved through arbitration when they relate to a contractual relationship between a consumer and a business — even if the messages at issue were sent years after the original services ended.…
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Fifth Circuit TCPA Decision Raises Questions About Written Consent — But Businesses Should Proceed Carefully
March 5, 2026
A recent decision from the U.S. Court of Appeals for the Fifth Circuit has sparked discussion in the marketing and compliance community. In Bradford v. Sovereign Pest Control, LLC, the court addressed whether the Telephone Consumer Protection Act (TCPA) itself requires “prior express written consent” for certain telemarketing calls and texts. The Fifth Circuit concluded that the statute requires “prior express consent,” but does NOT explicitly require that the consent be in writing. …
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The Fight Continues: Michigan Senate Passes SB 351 Despite Significant Risks to Ecommerce
January 31, 2026
For months, we have been on the ground in Lansing, meeting with legislators and sounding the alarm regarding Michigan Senate Bill 351. Despite this effort, yesterday, the Michigan Senate passed SB 351 with unanimous, bipartisan support. While the bill is framed as a crackdown on deceptive robocalls and phone scams—a goal we all share—the reality of the legislation remains deeply problematic for legitimate ecommerce businesses.…
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District Courts Are Split in Grappling Over Whether “Telephone Call” Means “Text Message” Under TCPA’s Private Right of Action for DNC Violations
December 22, 2025
The Supreme Court’s opinion in McLaughlin v. McKesson has ushered in a new era for TCPA litigation, and opened doors to challenges that defendants were precluded from making prior to the Supreme Court’s decision. The most recent litigation battleground McLaughlin has opened is the question of whether the words “telephone call” used in 47 U.S.C. § 227(c)(5) means “text message”. …
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State Attorneys General Target Major Telecom Infrastructure Providers For Delivering Illegal Robocalls
December 8, 2025
On December 3rd, the Anti-Robocall Multistate Litigation Task Force, a bipartisan coalition of 51 Attorneys General, announced the launch of "Phase 2" of Operation Robocall Roundup. Moving beyond the smaller "gateway" providers targeted in previous actions, this new phase focuses on four of the largest voice service providers in the United States: Inteliquent (a Sinch company), Bandwidth Inc., Lumen Technologies, and Peerless Network (an Infobip company).…
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Common Sense Compliance: Why EIA is Fighting to Fix the FCC’s Consent Revocation Rules
David Carter
January 5, 2026
Today, the EIA filed critical comments with the Federal Communications Commission (FCC) in response to the Ninth Further Notice of Proposed Rulemaking. As part of the Commission's ambitious "Delete, Delete, Delete" initiative—which seeks to excise obsolete and harmful regulations—we are seizing this opportunity to advocate for a modernization of the Telephone Consumer Protection Act (TCPA).…
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