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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Update: Texas Secretary of State Fulfills Commitment to Seek Formal Attorney General Opinion as Part of EIA’s Settlement With Texas
December 19, 2025
Last month, we shared the exciting news that the Ecommerce Innovation Alliance (EIA), alongside Postscript and Flux Footwear, secured a landmark settlement with the State of Texas regarding Senate Bill 140 (SB 140). This agreement was a massive win for the ecommerce industry, confirming that businesses sending text messages with prior affirmative consent are not "telemarketers" under Texas law.…
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Legislative Alert: Michigan Senate Bill 351 Advances, Ignoring Industry Warnings
December 4, 2025
The EIA is issuing an urgent legislative update regarding Michigan Senate Bill 351, a "Mini-TCPA" bill that was reported out of the Senate Committee on Finance, Insurance, and Consumer Protection on December 3, 2025. While the stated goal of the bill is to curb illegal robocalls—a goal the EIA and its members fully support—the current text of SB 351 represents a significant threat to legitimate ecommerce businesses in Michigan and beyond, while doing little to stop actual scammers.…
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EIA, Postscript, and Flux Secure Settlement with Texas
November 6, 2025
The EIA announces a successful settlement with the State of Texas in the litigation challenging the implementation of Texas Senate Bill 140 (SB 140). This outcome is a landmark victory for the entire ecommerce industry. It decisively confirms the legal position that businesses sending text messages only to consumers who have provided prior, affirmative consent are not "telemarketers" under Texas law. Consequently, these legitimate businesses are not subject to the registration requirements of Texas Business and Commerce Code Chapter 302.…
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EIA Updates the FCC: Quiet Hours Litigation Crisis Reaches One-Year Mark
Ecommerce Innovation Alliance
November 25, 2025
On November 20, 2025, the EIA made a filing with the Federal Communications Commission (FCC) to deliver updated data and an urgent message: the wave of frivolous “quiet hours” lawsuits targeting legitimate ecommerce businesses has reached a crisis point, and immediate Commission action is essential.…
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