EIA Postscript and Flux Secure Settlement with Texas AG over Senate Bill SB 140 (SB140 and S.B. 140)

EIA, Postscript, and Flux Secure Settlement with Texas

Ecommerce Innovation Alliance

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

EIA Investigates: What Exclusive Data from Texas Reveals About the SB 140 Scramble

Ecommerce Innovation Alliance

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

Pennsylvania Senate Unanimously Amends SB 992, Averting Adoption of Failed 1:1 Rule

Ecommerce Innovation Alliance

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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that Repeats Past Mistakes and Ignores Proven Solutions

A Flawed Blueprint: Why Michigan’s SB 351 Repeats Past Mistakes and Ignores Proven Solutions

Ecommerce Innovation Alliance

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

BREAKING: Texas AG Tells Court That EIA Members and Postscript Are Exempt from SB 140

Ecommerce Innovation Alliance

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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Pennsylvania Senate Bill 992 and Its Potential Impact on Ecommerce Telemarketing

Pennsylvania Senate Bill 992 and Its Potential Impact on Ecommerce Telemarketing

Ecommerce Innovation Alliance

September 12, 2025

The EIA is closely monitoring Pennsylvania Senate Bill 992, a bipartisan bill introduced on September 5th, which recently passed the Senate Consumer Protection & Professional Licensure committee with a 14-0 vote and is currently pending action on the Senate Floor. SB 992 aims to update and expand the law to further define registration requirements, unlawful acts, and prohibitions related to telemarketing screening products. Notably, it expands the existing law to address ringless voicemail and text messages sent to residential, business, or wireless telephone subscribers within Pennsylvania.  …

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