After the Midterms: What Tuesday’s Elections Could Mean for Ecommerce
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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Mini-TCPA Action Alert: Massachusetts HB 363 Threatens Legitimate Ecommerce
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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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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