Pennsylvania House Committee Advances Second Round of EIA-Backed Amendments to SB 992
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.…
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When Is a Text a “Call”? Courts Remain Split and Ecommerce Businesses Are Caught in the Middle
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.…
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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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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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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026