When the Plaintiff’s Own Exhibit Blows Up Her Argument: Desouza v. Ralph Lauren
February 26, 2026
Every so often, a TCPA case comes along that reads less like a consumer protection dispute and more like a cautionary tale about the cottage industry of professional TCPA litigation — and what can happen when a plaintiff’s own paper trail tells a story she’d rather keep hidden. Desouza v. Ralph Lauren Corporation d/b/a Polo Factory Stores, is exactly that kind of case. On February 24, 2026, a federal magistrate judge denied the plaintiff’s motion for a protective order — a motion that was remarkable not just for what it sought, but for the glaring irony embedded in it.…
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California’s DROP Tool Is Now Live and It Changes the Data Landscape
February 23, 2026
California has launched a first-in-the-nation centralized data deletion privacy tool called the Delete Request and Opt-Out Platform(DROP). Developed by the California Privacy Protection Agency (CPPA), it is an online platform that allows Californians to submit a single request directing registered data brokers to delete their personal information and stop selling it. Starting August 1, 2026, data brokers must delete users data within 90 days of request.…
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BREAKING: Supreme Court Rules IEEPA Cannot Be Used to Impose Tariffs – A Landmark Win for Ecommerce
February 20, 2026
In a sweeping and long-awaited decision issued today, the United States Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. The ruling in Learning Resources, Inc. v. Trump (consolidated with Trump v. V.O.S. Selections, Inc.), decided 6-3, represents one of the most significant trade law decisions in decades—and a major victory for ecommerce businesses and the consumers they serve.…
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Washington State CEMA Reform Advances — But the Work Continues
February 19, 2026
The effort to curb abusive litigation under Washington’s Commercial Electronic Mail Act (CEMA) has reached an important new milestone. EIA has been working alongside the Washington Retail Association and coalition partners to address a surge of high-volume lawsuits targeting ecommerce businesses over technical email violations. This week, the Washington House passed a revised version of HB 2274 by a strong 86–11 vote — a meaningful step forward in stabilizing the current litigation environment. …
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Supreme Court Privacy Case Could Expand Liability for Ecommerce Businesses
February 18, 2026
The U.S. Supreme Court has agreed to hear Salazar v. Paramount Global, a case that could significantly reshape how the Video Privacy Protection Act (VPPA) applies to digital businesses. The Court’s decision could determine how far this 1988 law extends in today’s ecommerce ecosystem. For ecommerce business owners, the outcome could determine whether routine website features like product videos, pixels, and analytics tools carry new litigation risk.…
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Major Progress: Washington House Committee Advances Substitute Bill to Curb Abusive CEMA Litigation
February 6, 2026
In January, we reported on our efforts with the Washington Retail Association and Benesch Law to bring common sense reform to Washington’s Commercial Electronic Mail Act (CEMA) — a 1998 law originally designed to combat dial-up era spam that has been weaponized into a litigation bonanza against retailers engaged in ordinary email marketing. This week, we’re pleased to share a significant step forward: the House Committee on Consumer Protection & Business has reported out a substitute version of House Bill 2274, moving the bill closer to a full floor vote.…
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