What the 2026 midterm results and new balance or power in Washington could mean for ecommerce

After the Midterms: What Tuesday’s Elections Could Mean for Ecommerce

Ecommerce Innovation Alliance

November 5, 2026

Tuesday’s midterm elections will bring a new balance of power to Washington in January. Democrats will hold majorities in both the House and the Senate, and voters in several states also reshaped their legislatures. For ecommerce merchants, the change will shape how lawmakers approach AI and consumer messaging and the litigation abuse that increasingly comes with them. Here is what happened and what it could mean for online businesses.…

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EIA files comments on the FTC’s Proposed Enforcement Policy Statement on Personalized Pricing

20,000 Small Businesses, One Message to the FTC: Your Pricing Proposal Could Cost Consumers Their Favorite Deals

David Carter

September 25, 2026

EIA files comments on the FTC’s Proposed Enforcement Policy Statement on Personalized Pricing, with a clear ask: target hidden premiums, not the welcome offers, loyalty rewards, and coupon codes consumers love. Today the EIA filed formal comments with the Federal Trade Commission on its Proposed Enforcement Policy Statement Regarding Personalized Pricing (Docket No. FTC-2026-1057). You can read our full comments. …

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Perrong v. Bradford: Legislative Communications Not Covered by the TCPA

A Long-Overdue Bill Targets the Political Robocalls Everyone Hates but No One Regulates

Ecommerce Innovation Alliance

September 16, 2026

Every election season, the same thing happens. Phones ring at dinnertime. A recorded voice launches into a pitch for a candidate, a ballot measure, or a donation. The number is unfamiliar, but the person on the receiving end has no legal recourse. On September 8, 2026, Rep. Virginia Foxx (R-NC) introduced H.R. 10310, the Robo Calls Off Phones Act, or the “Robo COP Act,” which would finally close that gap. The Ecommerce Innovation Alliance applauds the Congresswoman for taking on a problem that Washington has managed to ignore for more than twenty years.…

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Massachusetts HB 363 Mini-TCPA Threatens Legitimate E-commerce

Mini-TCPA Action Alert: Massachusetts HB 363 Threatens Legitimate Ecommerce

David Carter

October 2, 2025

On October 1st, I had the opportunity to provide testimony before the Joint Committee on Consumer Protection and Professional Licensure regarding HB 363, "An Act clarifying telephone solicitation". This bill, presented by Representative Michael J. Finn, proposes further regulation of telephone solicitation, including a prohibition on all robocalls to “any hands-free mobile telephones, mobile electronic devices and mobile telephones” subject to an exception for “informational calls,” which is awkwardly (and misleadingly) defined to include calls and texts sent in the context of a pre-existing business relationship.…

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Pattern of Missed Court Deadlines and Show-Cause Orders Mounts in Gerald Lane’s “Quiet Hours” Litigation Campaign

Ecommerce Innovation Alliance

September 30, 2025

The Ecommerce Innovation Alliance (EIA) is calling attention to a recent court order regarding sanctions in a “quiet hours” case being litigated by attorney Gerald D. Lane, Jr., the attorney who has pursued more than 350 “quiet hour” cases targeting ecommerce brands nationwide.…

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EIA holds ex parte meetings with FCC Commissioner Trusty on Critical "Quiet Hours" Litigation

The EIA Continues Advocacy at FCC on Critical “Quiet Hours” Litigation

Ecommerce Innovation Alliance

August 14, 2025

On August 7, 2025, the EIA President & CEO David Carter, alongside former FCC Commissioner Michael O’Rielly, held two significant ex parte meetings with Federal Communications Commission (FCC) leadership. The first meeting was with Commissioner Trusty and Jessica Kinsey, Acting Legal Advisor to Commissioner Trusty. A second meeting was held with Callie Coker, Legal Advisor to Chairman Carr.…

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