When Is a Text a “Call”? Courts Remain Split and Ecommerce Businesses Are Caught in the Middle
April 10, 2026
The legal landscape around SMS marketing is becoming more complex and more consequential for ecommerce businesses. A recent Illinois federal court decision in Rabbitt v. Rohrman Midwest Motors adds new momentum to a growing divide among courts: whether a text message qualifies as a “call” under the Telephone Consumer Protection Act (TCPA). In Rabbitt v. Rohrman, the court concluded that it can. This brings SMS messages within the scope of the TCPA’s Do Not Call (DNC) rules.…
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Just Days Left: Ecommerce Businesses Should Weigh In on California’s “Frictionless” Opt-Out Rules
March 30, 2026
The California Privacy Protection Agency (CPPA), referred to as “CalPrivacy”, is asking for input—and what comes next could directly impact how your business handles opt-outs and data rights. There are just a few days left for businesses around the U.S. to weigh in on a key California privacy issue that could shape future compliance requirements. Public comments must be submitted to CalPrivacy by April 8, 2026. …
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Congress Targets Predatory ADA Website Accessibility Lawsuits as Pressure Builds on Ecommerce
March 27, 2026
Ecommerce businesses are increasingly being targeted by lawsuits over website accessibility—particularly under the Americans with Disabilities Act (ADA). Because ecommerce businesses operate entirely online, their websites are often alleged to be “places of public accommodation” even though a definitive legal conclusion on whether ADA Title III reaches private business websites has never been reached—making them a primary target for ADA-related claims. …
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Beyond the Fifth Circuit: New Ruling Deepens the Legal Divide on TCPA Written Consent Requirement
March 26, 2026
A Maryland federal ruling reinforces growing uncertainty around “written consent” requirements under the TCPA. Just days after the U.S. Court of Appeals for the Fifth Circuit raised questions about whether prior express consent under the Telephone Consumer Protection Act (TCPA) must be in writing, another court has reached a similar conclusion—this time in a different jurisdiction. In Bradley v. DentalPlans.com, a federal judge in Maryland held that the TCPA does not explicitly require written consent for certain telemarketing communications. …
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Washington’s CEMA Reform Signed Into Law: But Litigation Risk Isn’t Going Away
March 25, 2026
Washington State has officially enacted long-awaited reforms to its Commercial Electronic Mail Act (CEMA), marking a significant milestone for ecommerce businesses navigating increasing legal risk tied to email marketing practices. Earlier this week, HB 2274 was signed into law by Washington State Governor Bob Ferguson, finalizing a legislative effort aimed at stabilizing how CEMA is applied in today’s digital economy. …
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The FCC Just Proposed New Rules About Offshore Call Centers and Robocall Crackdowns — But Most of It Isn’t About You (Yet)
Ecommerce Innovation Alliance
March 31, 2026
The FCC eleased two significant Notices of Proposed Rulemaking (NPRMs) on March 27, 2026, both adopted March 26, 2026. While neither is specifically directed at ecommerce companies, the proposals could carry real implications for how online retailers and direct-to-consumer brands will communicate with customers — and how the infrastructure underlying those communications is regulated. Here is a plain-language breakdown of what the FCC is proposing, what's still just a question being asked, and where ecommerce operators should pay close attention.…
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