The EIA Continues Advocacy at FCC on Critical “Quiet Hours” Litigation
August 14, 2025
On August 7, 2025, the EIA President & CEO David Carter, alongside former FCC Commissioner Michael O’Rielly, held two significant ex parte meetings with Federal Communications Commission (FCC) leadership. The first meeting was with Commissioner Trusty and Jessica Kinsey, Acting Legal Advisor to Commissioner Trusty. A second meeting was held with Callie Coker, Legal Advisor to Chairman Carr.…
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Federal Court Allows TCPA Claims for Company’s Failure to Include Its Name in Marketing Texts: Why We Believe The Court Got it Wrong
August 12, 2025
In Newell v. JR Capital, LLC, a federal judge in the Eastern District of Pennsylvania recently addressed a motion to dismiss a claim alleging violations of the Telephone Consumer Protection Act (TCPA) related to marketing text messages. The plaintiff, Jourey Newell, claimed that JR Capital sent him five telemarketing text messages without required caller identification information, specifically JR Capital's name, which he alleged violated 47 C.F.R. § 64.1601(e). …
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Federal Court Concludes TCPA Does Not Apply to Text Messages: What the Jones v. Blackstone Decision Means for Your SMS Marketing
July 31, 2025
A recent ruling in Jones v. Blackstone Medical Services, LLC by a federal court offers an important interpretation of the TCPA concerning Do-Not-Call claims and text messages. This decision, delivered on July 21, 2025, from the Central District of Illinois, found that the specific section of the TCPA governing Do-Not-Call rules – 47 U.S.C. § 227(c) – does not apply to text messages.…
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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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EIA Engages Michigan Legislators on SB 351 – A Flawed Mini-TCPA Bill
June 30, 2025
The EIA was in Lansing. Michigan last week, engaging with various members of the Michigan legislature to discuss Senate Bill 351. This bill, which aims to regulate telephone solicitation sales and related conduct, is virtually identical to Senate Bill 1037, a similar "mini-TCPA" introduced last term that ultimately failed to advance. EIA has significant concerns that SB 351 could lead to a surge in litigation against legitimate businesses operating in Michigan and nationwide, rather than effectively targeting the actual bad actors behind scam calls and texts.…
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EIA Urges Oregon Governor Kotek to Veto HB 3865
June 30, 2025
The EIA is disappointed to announce that the Oregon Legislature has passed HB 3865, and we are now urgently calling on Governor Tina Kotek to veto this problematic legislation. While we fully support the goal of protecting Oregonians from unwanted communications, HB 3865, as passed, contains provisions that will have significant, unintended consequences for legitimate small and mid-size businesses, political campaigns, and Oregon citizens alike, and presents a clear violation of First Amendment free speech protections.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026