BREAKING: Texas AG Tells Court That EIA Members and Postscript Are Exempt from SB 140
September 29, 2025
The EIA, on behalf of its members, together with Postscript and Flux Footwear, filed a Motion for Preliminary Injunction seeking to immediately halt enforcement of Texas SB 140. On Friday, Sept 26th, the State of TX through AG Paxton’s office, filed a detailed Response. The State’s primary argument is that the law does not actually regulate text messages sent by EIA members, Postscript and Flux Footwear because they are sent with a consumer’s prior consent. Texas asserts that the Plaintiffs do not need an injunction because SB 140 does not “proscribe[ ] their conduct.”…
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EIA Files Motion for Preliminary Injunction Against Texas Senate Bill 140
September 8, 2025
The EIA today announced the filing of a Motion for Preliminary Injunction in its lawsuit challenging Texas Senate Bill 140 (SB140). This action, filed in the U.S. District Court for the Western District of Texas, seeks to immediately halt the enforcement of SB 140 against the EIA, its co-plaintiffs Flux Footwear, LLC, Postscript and all EIA members.…
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Ecommerce Innovation Alliance Files Lawsuit To Block Texas Senate Bill 140
September 2, 2025
The EIA announced today that it has filed a "Complaint For Declaratory And Injunctive Relief" in the U.S. District Court for the Western District of Texas. The lawsuit seeks to prevent the enforcement of Texas Senate Bill 140 that made significant changes to the Texas Business & Commerce Code. Most notably, expanding the definition of "telephone solicitation" to include text messages. This change subjects ecommerce businesses that send text messages to individuals, even those who have consented, to burdensome registration, reporting, and disclosure requirements.…
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Is the Sky Really Falling in Texas? A Closer Look at SB 140 and SMS Marketing
July 29, 2025
Recent discussions on platforms like LinkedIn have sounded the alarm regarding Texas Senate Bill 140 (SB 140), suggesting dire implications for ecommerce businesses engaging in SMS marketing. Posts highlight concerns about new registration requirements and potential litigation risks. While SB 140 does introduce significant changes, a closer look at the legal analysis suggests that the immediate panic may be overstated for many businesses, particularly those already adhering to best practices like obtaining consumer consent.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
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