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 Investigates: What Exclusive Data from Texas Reveals About the SB 140 Scramble
November 4, 2025
In the final weeks of August 2025, a wave of urgent notifications swept through the ecommerce industry. Technology platforms issued stark warnings to their clients. A new Texas law, Senate Bill 140 (SB 140), was set to take effect on September 1, 2025. This legislation, they cautioned, could reclassify routine, consent-based marketing text messages as "telephone solicitations," subjecting thousands of businesses to a regulatory regime designed decades ago for boiler-room telemarketers. …
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Pennsylvania Senate Unanimously Amends SB 992, Averting Adoption of Failed 1:1 Rule
October 29, 2025
The Pennsylvania Senate on October 28th, voted unanimously to approve a critical amendment to Senate Bill 992 (SB 992). The amendment, A01964, sponsored by Senator Michele Brooks, removes a problematic "one-to-one" consent provision that mirrored a defunct Federal Communications Commission (FCC) rule recently invalidated by a federal appellate court. The decisive 50-0 vote signals a strong bipartisan consensus against anchoring state law to a failed and legally unsound federal experiment.…
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A Flawed Blueprint: Why Michigan’s SB 351 Repeats Past Mistakes and Ignores Proven Solutions
October 23, 2025
Yesterday, before the Michigan Senate Finance and Consumer Protection Committee, a critical debate unfolded regarding Senate Bill 351, a legislative package aimed at combating the scourge of illegal robocalls and fraudulent text messages. The bill’s sponsor, Committee Chair Mary Cavanagh, and its supporters from the Attorney General’s office rightly identified a problem that plagues every Michigander. On this point, there is universal agreement. The goal of protecting consumers from harassment and fraud is a shared one, a sentiment echoed by all who testified.…
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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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