Texas Defends SB 140: What the State’s Opposition Brief Means for SMS Marketers

On September 26, 2025, the Texas Attorney General’s office filed its opposition to the preliminary injunction motion in the federal constitutional challenge to Texas SB 140. While the State’s position may provide some comfort to SMS marketers operating consent-based programs, businesses should understand both what the filing says—and what risks remain despite it. The State’s …

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FTC Secures Historic $2.5 Billion Settlement Against Amazon for Prime Subscription Violations

The Federal Trade Commission has secured a monumental $2.5 billion settlement against Amazon.com, Inc., marking one of the largest consumer protection settlements in FTC history and sending a clear message to companies about the importance of subscription transparency and easy cancellation processes. The Settlement Details This historic settlement stems from allegations that Amazon engaged in …

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Washington Court Expands CEMA to Cover Recruitment Text Messages

Executive Summary The Washington Court of Appeals has significantly expanded the scope of the state’s Commercial Electronic Mail Act (CEMA) in a decision issued on September 15, 2025 (for PDF version, click here), which will impact how businesses communicate with potential workers and contractors. In Aaland v. CRST Home Solutions, LLC, the court ruled that …

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Federal Constitutional Challenge Filed Against Texas SB 140 SMS Marketing Regulations

On September 1, 2025, a coalition of e-commerce businesses and industry advocates filed a federal lawsuit in the Western District of Texas challenging the constitutionality of Texas Senate Bill 140 (SB 140). The plaintiffs, Ecommerce Innovation Alliance, Flux Footwear, and Postscript, argue that the new law’s expansive regulations on text message marketing violate fundamental constitutional …

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FTC Imposes $2 Million Penalty on Temu for Violations of the INFORM Consumers Act: Key Compliance Obligations for Online Marketplaces

The FTC’s first INFORM Consumers Act enforcement resulted in a $2 million penalty against Temu for alleged inadequate consumer reporting mechanisms and seller disclosure failures. This landmark case sets compliance precedents for all online marketplaces. The Federal Trade Commission (FTC) has taken its first enforcement action under the INFORM Consumers Act, fining Temu $2 million for …

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Navigating Texas SB140: Implications for Text Message Marketing Compliance

On June 20, 2025, Governor Abbott signed SB140 into law. The new telemarketing requirements and expanded enforcement provisions will take effect on September 1, 2025. This significant piece of legislation fundamentally reshapes the landscape for businesses engaged in text message marketing to Texas consumers, creating new compliance obligations and substantially increasing litigation risks. Overview of …

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New York’s Algorithmic Pricing Disclosure Law: Compliance, Controversy, and What Businesses Need to Know

A groundbreaking new regulation in New York is poised to transform the way businesses approach online pricing and transparency. The recently enacted New York Algorithmic Pricing Disclosure Act requires businesses to notify consumers when prices are set by algorithms using personal data. In this article, we examine the law’s requirements, the rationale behind them, compliance …

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Legal Risks of Restricting Online Reviews and Lessons from Campaign–Tao v. Uniqlo for Website Terms and Conditions

As e-commerce evolves, so does the scrutiny of website and app terms and conditions. The recent case of Campaign–Tao v. Uniqlo exemplifies the risks businesses face from “opportunistic litigation” targeting technical or ambiguous contract language, especially clauses that attempt to restrict online reviews. This trend, reminiscent of ADA website claims and California Invasion of Privacy Act (CIPA) …

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Privacy Policies, Terms, and Beyond A Comprehensive Guide to Your Business's Essential Online Agreements

Privacy Policies, Terms, and Beyond: A Comprehensive Guide to Your Business’s Essential Online Agreements

In today’s digitally driven economy, online agreements form the critical legal backbone for businesses of all sizes and types. These documents are not mere formalities; they define relationships, manage risks, and ensure compliance in an increasingly complex regulatory environment. While nearly every website or application requires a Privacy Policy and Terms and Conditions, the specific …

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