CPPA Enforcement Sends a Clear Message: Friction in Privacy Opt-Outs Can Trigger Huge Fines
March 13, 2026
California is continuing to raise the bar on privacy compliance and their privacy regulators are making one thing clear: offering consumers the ability to opt out of data collection or sharing is not enough — those rights must be easy to exercise. In recent enforcement actions, the California Privacy Protection Agency (CPPA) fined companies including Ford Motor Company Disney and PlayOn Sports for privacy violations tied to how consumer rights were implemented. …
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Appeals Court Rules Arbitration Applies to TCPA Marketing Texts — Even Years After a Customer Contract Ends
March 12, 2026
On March 5th, the U.S. Court of Appeals for the Eighth Circuit ruled in Kristi VonDeylen v. Aptive Environmental, LLC that claims brought under the Telephone Consumer Protection Act (TCPA) must be resolved through arbitration when they relate to a contractual relationship between a consumer and a business — even if the messages at issue were sent years after the original services ended.…
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Washington State Passes CEMA Stabilization Bill as Broader Reform Awaits Future Session
March 11, 2026
Washington State lawmakers have taken an important step toward addressing a growing legal threat to ecommerce businesses and brands. HB 2274 is legislation aimed at stabilizing Washington’s Commercial Electronic Mail Act (CEMA) passed the Washington State Senate on March 6th with strong bipartisan support in a 43–5 vote. The bill now heads to Governor Bob Ferguson for signature.…
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Court Orders Tariff Refunds After SCOTUS IEEPA Ruling But Delays Expected
March 10, 2026
In February, the U.S. Supreme Court delivered a landmark decision that reshaped the legal landscape for tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The Court ruled that IEEPA cannot be used as authority to impose tariffs, invalidating a key legal basis for certain trade measures. Since that decision, the focus has shifted from whether the tariffs were lawful to what happens next—particularly whether businesses will receive refunds for tariffs they already paid.…
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The AI Patchwork Problem: How State-by-State AI Laws Could Complicate Ecommerce
March 9, 2026
Artificial intelligence is quickly becoming a core technology for e-commerce. From customer service chatbots and marketing automation to fraud detection and inventory forecasting, AI tools are now embedded in many of the systems online businesses rely on to compete and grow. But as AI adoption accelerates, policymakers are facing a key question: who should regulate it?…
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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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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026