Following EIA Advocacy, MI Senate Committee Fails to Advance Mini-TCPA
Legislative Update David Carter Legislative Update David Carter

Following EIA Advocacy, MI Senate Committee Fails to Advance Mini-TCPA

As we reported last month, the unexpected introduction of a “mini-TCPA” in the Michigan Senate late in the legislative year raised significant concerns for EIA.  Against this backdrop, EIA embarked on a campaign to ensure that the bill was not rushed through without adequate consideration for its impact on ecommerce businesses nationwide. EIA was pleased to see that the Michigan Senate Committee on Finance, Insurance, and Consumer Protection decided to hold no hearings on SB 1037, declined to vote it out of committee, and never progressed the bill to the full Senate for consideration.

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LEGISLATIVE ALERT:  Michigan SB 1037 Would Harm Ecommerce Companies Nationwide
Legislative Update David Carter Legislative Update David Carter

LEGISLATIVE ALERT: Michigan SB 1037 Would Harm Ecommerce Companies Nationwide

The Ecommerce Innovation Alliance (EIA) is closely following developments with a bill that would create a Michigan mini-TCPA, including a private right of action, and which may be debated before the end of the year.  Michigan Senate Bill 1037, which was introduced on October 16, 2024, is currently being considered by the Michigan Senate Committee on Finance, Insurance, and Consumer Protection. The EIA has recently met with the office of the committee chair, Senator Mary Cavanagh, who is also the bill's lead sponsor, to discuss its significant concerns and urge for a more balanced approach.

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FCC Chair Acknowledges Limits of the FCC’s Authority Over SMS
Legislative Update, Regulatory Update Emmi Mattern Legislative Update, Regulatory Update Emmi Mattern

FCC Chair Acknowledges Limits of the FCC’s Authority Over SMS

In a recent letter to Congress, FCC Chairwoman Jessica Rosenworcel acknowledged the Commission’s limited authority over text messages and called on Congress to amend the TCPA. In light of the Supreme Court’s decision in Loper Bright, invalidating Chevron deference, this acknowledgment could impact the Commission’s ability to adopt new regulations without Congressional action.

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Republican Leaders Call on FCC to Address End of Chevron Deference
Legislative Update, Regulatory Update David Carter Legislative Update, Regulatory Update David Carter

Republican Leaders Call on FCC to Address End of Chevron Deference

The Republican Chairs of the House Committee on Energy and Commerce and House Committee on Oversight and Accountability recently sent a letter to FCC Chairwoman Jessica Rosenworcel highlighting the Supreme Court’s decision overturning the doctrine of Chevron deference, a principle that has guided judicial review of administrative agency interpretations for nearly four decades. The Republican Committee Chairs call on the FCC to identify actions that may be impacted by the Supreme Court’s recent decision.

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Sen. Durbin Proposes Bill to Close Gap in the FCC’s Do-Not-Call Authority
Legislative Update David Carter Legislative Update David Carter

Sen. Durbin Proposes Bill to Close Gap in the FCC’s Do-Not-Call Authority

Senator Durbin's proposed bill, Senate Bill 3991, aims to expand the FCC's authority by removing the qualifier "residential" from its Do Not Call authority, clearing up whether the FCC has authority to extend the Do-Not-Call requirements to mobile numbers. The bill also clarifies consumers' right to sue under the TCPA and revises statutory damages, gaining support from eight Senate co-sponsors.

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Washington State Adopts Legislation to Create New AI Task Force
Legislative Update Abby LeClair Legislative Update Abby LeClair

Washington State Adopts Legislation to Create New AI Task Force

Washington State is taking a proactive approach to navigating the evolving world of AI by establishing an Artificial Intelligence Task Force. This 19-member committee, supported by the Attorney General's Office, will delve into key areas like public policy implications, high-risk applications, and potential civil liberty concerns related to AI use.

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The R U REAL Act: Regulating AI in Mobile Marketing
Legislative Update David Carter Legislative Update David Carter

The R U REAL Act: Regulating AI in Mobile Marketing

Congresswoman Jan Schakowsky (D. Ill.), the Democrat’s Chief Deputy Whip and Ranking Member of the House Innovation, Data, and Commerce Subcommittee, has introduced the "Restrictions on Utilizing Realistic Electronic Artificial Language Act" (“R U REAL Act”) that, if adopted, would regulate the use of Artificial Intelligence (AI) in telemarketing calls and text messages. 

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Pallone Proposes TCPA Amendments to Overrule Supreme Court
Legislative Update David Carter Legislative Update David Carter

Pallone Proposes TCPA Amendments to Overrule Supreme Court

A recent proposal by Congressman Frank Pallone, Jr. (NJ-06) has stirred concern among some within our industry. According to Pallone’s press release, the legislation is intended “to protect consumers from the bombardment of dangerous and unwanted calls and texts” and, to do so, Pallone’s Do Not Disturb Act would overrule the Supreme Court’s decision in Facebook, Inc. v. Duguid.

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