Valiente v. NexGen Global Highlights Critical Website Design Flaws in TCPA Defense The Eleventh Circuit’s recent decision in Valiente v. NexGen Global, LLC, No. 23-13308 (11th Cir. Nov. 10, 2025), offers essential guidance for businesses using arbitration clauses to manage legal disputes. The court’s thorough analysis demonstrates how poor website design and unclear Terms of …
Update: The Secretary of State has requested a formal opinion from the Texas Attorney General as per the settlement (see copy of request here). Since Texas Senate Bill 140 took effect on September 1, 2025, businesses engaged in SMS marketing have grappled with significant uncertainty over the law’s scope. As we detailed in our initial analysis of the …
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. December 2025 …
Read more Texas Defends SB 140: What the State’s Opposition Brief Means for SMS Marketers
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 …
Read more Washington Court Expands CEMA to Cover Recruitment Text Messages
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 …
Read more Federal Constitutional Challenge Filed Against Texas SB 140 SMS Marketing Regulations
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. December 2025 …
Read more Navigating Texas SB140: Implications for Text Message Marketing Compliance
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In addition to our insights focused on our practice areas of privacy and cybersecurity, marketing and media, and technology and blockchain, we …
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