Texas SB 140 Under Scrutiny

Readers may recall a recent piece in which we discussed Texas Senate Bill 140 ("SB 140"), which resulted in sweeping amendments to Texas' mini-Telephone Consumer Protection Act ("TCPA"). Readers familiar with that piece may also recall our guidance that these amendments do not contain an express exemption for text message-based solicitations to consumers who have provided their consent to be contacted. Now, a nonprofit corporation and two e-commerce companies have asked a Texas federal court to determine whether Texas' SB 140 can lawfully restrict the sending of text messages to consumers who have requested them.

Texas SB 140 Constitutional Challenge

The Ecommerce Innovation Alliance ("EIA") is a nonprofit corporation whose members include e-commerce businesses and technology vendors. Among other things, EIA's stated purpose is to help members navigate telemarketing laws at the federal and state levels. In line with its goals, EIA, along with two e-commerce