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. …

READ FULL POST
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. …

READ FULL POST
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.…

READ FULL POST
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.…

READ FULL POST
The Fight Continues: Michigan Senate Passes SB 351 Despite Significant Risks to Ecommerce

The Fight Continues: Michigan Senate Passes SB 351 Despite Significant Risks to Ecommerce

Ecommerce Innovation Alliance

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.…

READ FULL POST
McLaughlin v. McKesson - District Courts Are Split Over Whether “Telephone Call” Means “Text Message”

District Courts Are Split in Grappling Over Whether “Telephone Call” Means “Text Message” Under TCPA’s Private Right of Action for DNC Violations

Artin Betpera

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”. …

READ FULL POST
Next