A Setback in Washington: Why the Ulta Beauty CEMA Ruling Threatens Every Ecommerce Brand
March 6, 2026
At the EIA, we have long warned that outdated laws, when weaponized by predatory litigation, pose a fundamental threat to the digital economy. Our advocacy has focused on Washington State’s Commercial Electronic Mail Act (CEMA) -a 1990s-era "anti-spam" law that has increasingly become a playground for class-action attorneys. A recent development in the U.S. District Court for the Eastern District of Washington in the case of Shahpur v. Ulta Salon, Cosmetics & Fragrance, Inc. has brought this issue to a boiling point. …
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BREAKING: Supreme Court Rules IEEPA Cannot Be Used to Impose Tariffs – A Landmark Win for Ecommerce
February 20, 2026
In a sweeping and long-awaited decision issued today, the United States Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. The ruling in Learning Resources, Inc. v. Trump (consolidated with Trump v. V.O.S. Selections, Inc.), decided 6-3, represents one of the most significant trade law decisions in decades—and a major victory for ecommerce businesses and the consumers they serve.…
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California ‘Was/Now’ Pricing: Why Class Actions Are Spiking and How to Reduce Risk
February 20, 2026
California’s comparison pricing rules are not new. What is new is the accelerating wave of class action lawsuits targeting ecommerce brands over routine “Was/Now” and reference pricing practices. Over the past year, plaintiffs’ firms have significantly increased filings alleging that advertised “original” prices were not bona fide prevailing prices. These cases are increasingly directed at online retailers whose pricing histories are easy to track, archive, and analyze. …
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Washington State CEMA Reform Advances — But the Work Continues
February 19, 2026
The effort to curb abusive litigation under Washington’s Commercial Electronic Mail Act (CEMA) has reached an important new milestone. EIA has been working alongside the Washington Retail Association and coalition partners to address a surge of high-volume lawsuits targeting ecommerce businesses over technical email violations. This week, the Washington House passed a revised version of HB 2274 by a strong 86–11 vote — a meaningful step forward in stabilizing the current litigation environment. …
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Major Progress: Washington House Committee Advances Substitute Bill to Curb Abusive CEMA Litigation
February 6, 2026
In January, we reported on our efforts with the Washington Retail Association and Benesch Law to bring common sense reform to Washington’s Commercial Electronic Mail Act (CEMA) — a 1998 law originally designed to combat dial-up era spam that has been weaponized into a litigation bonanza against retailers engaged in ordinary email marketing. This week, we’re pleased to share a significant step forward: the House Committee on Consumer Protection & Business has reported out a substitute version of House Bill 2274, moving the bill closer to a full floor vote.…
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The Fight Continues: Michigan Senate Passes SB 351 Despite Significant Risks to Ecommerce
January 31, 2026
For months, we have been on the ground in Lansing, meeting with legislators and sounding the alarm regarding Michigan Senate Bill 351. Despite this effort, yesterday, the Michigan Senate passed SB 351 with unanimous, bipartisan support. While the bill is framed as a crackdown on deceptive robocalls and phone scams—a goal we all share—the reality of the legislation remains deeply problematic for legitimate ecommerce businesses.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026