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At the EIA, we have long warned that outdated laws, when weaponized by predatory litigation, pose a fundamental threat to the digital economy.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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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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Standing Up for Small Business: EIA Fights to End Abusive Email Litigation in Washington State
January 14, 2026
Today, the EIA joined the Washington Retail Association (WRA) and business leaders from across the state to advocate for an end of frivolous email litigation under Washington’s Commercial Electronic Mail Act (CEMA). In a hearing before the House Consumer Protection and Business Committee, EIA President & CEO David Carter delivered crucial testimony in support of HB 2274, a bipartisan bill that EIA helped WRA craft in order to fix a quickly escalating litigation crisis impacting ecommerce businesses nationwide.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026