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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Supreme Court Privacy Case Could Expand Liability for Ecommerce Businesses
February 18, 2026
The U.S. Supreme Court has agreed to hear Salazar v. Paramount Global, a case that could significantly reshape how the Video Privacy Protection Act (VPPA) applies to digital businesses. The Court’s decision could determine how far this 1988 law extends in today’s ecommerce ecosystem. For ecommerce business owners, the outcome could determine whether routine website features like product videos, pixels, and analytics tools carry new litigation risk.…
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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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California’s SB 923: What Expanded Data Deletion Rights Could Mean for Ecommerce
February 3, 2026
California Senator Josh Becker has introduced Senate Bill 923 (SB 923), the Expanding Privacy Rights Act - a proposed update to the state’s privacy framework that would expand consumers’ data deletion rights and add new requirements for how privacy requests by consumers are submitted. While SB 923 is not yet law, it has already attracted attention because it is sponsored by the California Privacy Protection Agency (CPPA) and could receive serious consideration as the legislative process moves forward.…
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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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NYC’s ‘Click to Cancel’ Rule Signals a New Era of Subscription Regulation
April 17, 2026