BREAKING NEWS: FCC’s 1:1 Consent Rule Overturned
Court Invalidates FCC's 2023 1:1 Consent Mandate
In a landmark decision, the United States Court of Appeals for the Eleventh Circuit has struck down key components of the Federal Communications Commission's (FCC) 2023 Order, including the controversial "one-to-one consent" rule governing robocalls and robotexts. The court found that the FCC overstepped its statutory authority by redefining "prior express consent" in a manner inconsistent with the language and intent of the Telephone Consumer Protection Act (TCPA).
EIA Engages with FCC on Key Issues Regarding AI
EIA is committed to fostering a regulatory environment that encourages innovation and growth within the ecommerce sector. As part of this commitment, the EIA recently participated in two meetings with the FCC to discuss proposed rules that would require ecommerce companies to potentially gain new consent from existing subscribers to continue to use AI tools to send marketing SMS and or use AI-generated voices.
FCC’s 1:1 Consent Rule Takes Effect January 27, 2025
In December 2023, the Federal Communications Commission (“FCC”) voted to adopt a new “one-to-one” consent requirement for telemarketing texts and autodialed phone calls. While the goal of this change is "to protect consumers from unwanted and illegal text messages and calls", the Order may impact ecommerce brands that collaborate with other companies for joint list growth initiatives, including joint giveaways or contests. This new regulation takes effect on January 27, 2025.
EIA Leads Opposition to FCC's AI-Generated Text Messaging Proposal
The Ecommerce Innovation Alliance (EIA) has been a vocal critic of the Federal Communications Commission's (FCC) proposed rulemaking concerning "AI-generated calls," which would impose new consent requirements for ecommerce companies using AI to improve the text messages they send to their subscribers. In its Reply Comments, filed with the FCC last week, EIA reiterated its stance, arguing that the proposed definition is overly broad, lacks a legal basis for regulating text message marketing, and risks stifling innovation within the ecommerce industry.
EIA Files Comments with FCC to Protect Ecommerce SMS Strategies and Use of AI Tools
The Ecommerce Innovation Alliance (EIA) filed comments with the Federal Communications Commission (FCC) in response to the agency’s recent Notice of Proposed Rulemaking (NPRM) regarding the use of Artificial Intelligence (AI) in text message marketing. This critical filing underscores EIA’s commitment to safeguarding the value that ecommerce businesses have built in their SMS marketing lists and defending their ability to use cutting-edge AI tools to drive personalization at scale.
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.
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.
FCC Clarifies that Marketing Texts are Subject to Do-Not-Call Regs: The Practical Implications
The FCC's new ruling clarifies that marketing text messages fall under Do-Not-Call regulations. While some companies already comply, others must now obtain prior written consent or face stricter scrubbing requirements.
EcMA Seeks Balance in FCC Regulations
FCC Hypes New AI Voice Order
The FCC released a Declaratory Ruling on February 8, 2024 that requires companies using AI-generated voices in marketing phone calls to have prior express written consent from the recipient of the call.