New Executive Order Aims to Eliminate De Minimis Exception Worldwide in 30 Days, Directly Conflicts with Congressional Action in “One Big Beautiful Bill”
July 31, 2025
The landscape of international trade for e-commerce businesses has been thrown into further disarray this week, as the Trump administration introduces yet another significant shift concerning the crucial de minimis exception. Just weeks after the "One Big Beautiful Bill" was signed into law, setting a global repeal of de minimis for 2027, a new Executive Order aims to suspend this privilege worldwide much sooner, on August 29, 2025. …
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Ecommerce Implications: Inside the Federal Circuit’s High-Stakes En Banc Hearing on President Trump’s Tariff Authority
July 31, 2025
Today, the U.S. Court of Appeals for the Federal Circuit in Washington D.C. held a highly anticipated en banc oral argument in the case of V.O.S. Selections, Inc. v. Trump, a pivotal case challenging the legality of President Trump's tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The case involves tariffs imposed by President Trump on various goods, including those related to Canada, Mexico, and China, as well as "Liberation Day" tariffs. …
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Federal Court Concludes TCPA Does Not Apply to Text Messages: What the Jones v. Blackstone Decision Means for Your SMS Marketing
July 31, 2025
A recent ruling in Jones v. Blackstone Medical Services, LLC by a federal court offers an important interpretation of the TCPA concerning Do-Not-Call claims and text messages. This decision, delivered on July 21, 2025, from the Central District of Illinois, found that the specific section of the TCPA governing Do-Not-Call rules – 47 U.S.C. § 227(c) – does not apply to text messages.…
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Is the Sky Really Falling in Texas? A Closer Look at SB 140 and SMS Marketing
July 29, 2025
Recent discussions on platforms like LinkedIn have sounded the alarm regarding Texas Senate Bill 140 (SB 140), suggesting dire implications for ecommerce businesses engaging in SMS marketing. Posts highlight concerns about new registration requirements and potential litigation risks. While SB 140 does introduce significant changes, a closer look at the legal analysis suggests that the immediate panic may be overstated for many businesses, particularly those already adhering to best practices like obtaining consumer consent.…
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The AI Accountability Act: Federal Data Misuse Lawsuits and the End of Predispute Arbitration Agreements?
July 29, 2025
The AI Accountability and Personal Data Protection Act (Bill No. S.2367) was introduced on Monday, July 21st by U.S. Senators Josh Hawley (R-Mo.) and Richard Blumenthal (D-Conn.). Released in tandem with President Trump’s “America’s AI Action Plan”, this bipartisan bill purportedly aims to establish guardrails for the AI industry while protecting consumer data rights and creators' intellectual property, but the EIA has serious concerns about the proposed legislation and its potential to lead to increased opportunistic “shakedown” style litigation. …
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Eighth Circuit Strikes Down FTC’s “Click-to-Cancel” Rule
July 28, 2025
A recent decision by an Eighth Circuit panel has vacated the FTC's planned "click-to-cancel" rule. This determination will have a direct impact on consumer protection regulations relevant to the ecommerce industry. The FTC's proposed rule would have mandated that companies allow customers to cancel their subscriptions with a single click. While often framed as a consumer protection measure, such broad mandates can introduce significant operational complexities and costs for legitimate businesses without effectively addressing core issues.…
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026