Issues affecting your business

Overview

Running a small business today means being part of the digital economy. Tools like AI, digital ads, and online marketplaces help you reach customers, save money, and stay competitive. But proposed laws and regulations could change how those tools work, and small businesses could end up paying the price.

The sections below break down key policy issues that could reshape how you operate, advertise, and grow.

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Competition and Antitrust

Digitally empowered small businesses thrive when digital tools are efficient, affordable, and easy to use. From marketing and sales to shipping and customer engagement, many of the most powerful tools work best when they’re designed to connect across platforms – saving time, lowering costs, and helping businesses grow and stay resilient through economic challenges.

But in Washington, D.C., and state capitals, lawmakers are debating new competition laws that could change how these tools are offered. Proposed legislation like Congress’s American Innovation and Choice Online Act (AICOA), along with similar state legislation, would prohibit tech platforms from integrating services that small businesses leverage to operate more efficiently.

For example, AICOA would prevent Google from combining Google Maps and Reviews with Search under Google Business Profile, a free tool that is an important part of millions of small businesses’ marketing strategies. It could also block the integration of Google Analytics with Google Ads. For businesses that sell on Amazon, AICOA would prohibit Amazon from integrating Fulfillment by Amazon (FBA) with Prime, an incredibly valuable service that makes it easy for small sellers to qualify for Prime and save more than 60% over fulfilling their orders themselves.

Sample Small Business Talking Points: 

• My tech partners help me run and grow my business. Digital tools and services for [marketing, operations, sales, etc.] are critically important for my business.
• Forcing large companies to stop integrating products and services would benefit companies like Yelp (Yelp reviews vs. Google reviews) but will hurt my business.
• Google Business Profile is an incredibly valuable marketing tool for my business and a critical piece of my marketing strategy.
  • Google Business Profile allows me to show and manage my key business information, including hours, location and map directions, contact information, and user reviews, in one place, at the top of a search results page, for free.
  • It works so well because it integrates several Google products like Search, Reviews, and Maps. 
  • Forcibly changing how Google Business Profile works will hurt my business by forcing me to pay for several competing products or forcing Google to display incorrect information from a competitor at the top of the search results page. 
• Google Analytics is the leading online analytics product that provides us with critical information about website traffic, the source of that traffic, and how my online ads are performing with different demographics – all for free.
  • Google Analytics integrates seamlessly into Google’s advertising platform. 
  • Forcing Google to separate Analytics from Ads, or forcing Google to charge for Analytics, will make Analytics less effective, more expensive, or both. 
• Fulfillment by Amazon (FBA) is incredibly valuable to small sellers. It helps small sellers qualify for Prime, significantly boosting our sales and saving sellers as much as 60% over fulfilling orders ourselves. 
• If AICOA and similar state legislation become law, Amazon would be prohibited from saving me time and money by integrating FBA with Prime.y integrating FBA with Prime. 
  • Guaranteed shipping times make Prime attractive to sellers and customers alike. 
  • FBA and Prime enable me to access millions of customers and compete with big-box stores and large brands worldwide by giving me access to the same shipping speeds at prices I can afford. 
  • If Amazon cannot integrate FBA with Prime, how would I qualify for Prime? I cannot rely on USPS or other fulfillment services to meet the deadlines and integrate with my Amazon as seamlessly and affordably as FBA. 
  • If Amazon cannot offer FBA to small businesses like mine, who will be left selling on Prime? Just Amazon and other big businesses.

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Data Privacy

In today’s digital economy, small businesses rely on data to reach customers, improve services, and stay competitive. Tools like email marketing, digital advertising, and customer analytics help small businesses grow and compete with larger companies. 

But instead of one clear national privacy law, small businesses today face a confusing patchwork of more than 20 different state privacy regulations, each with its own requirements, thresholds, and penalties. 

This lack of consistency creates real challenges. Most small businesses don’t have legal teams or compliance departments. Yet many new state laws are written as if they do forcing small businesses to navigate complex data-sharing rules, vendor contracts, and disclosure requirements that take time and money away from running their business.

Enough is enough. Small businesses deserve a comprehensive, national data privacy law that protects consumers and preserves small businesses’ access to data-powered tools that help them thrive. It’s time for Congress to act. 

Sample Small Business Talking Points: 

• I support a single national data privacy law that protects consumers and gives small businesses a fair, consistent framework to follow.
• Right now, I have to navigate a confusing patchwork of more than 20 state laws. And new ones are being added every year. It’s hard to keep up, and the rules are often different from state to state. 
• Unlike large corporations, I don’t have a legal team or compliance department. I’m focused on running my business and service my customers. 
• My customers live across the country. A national law would make it easier for me to operate online without the fear of accidentally breaking one state’s rules while complying with another. 
• Some state laws (like Maryland’s) go too far by restricting the basic data small businesses use to reach customers through online advertising.
• Privacy matters, but laws should strike a balance. Overregulating non-sensitive data makes it harder for me to afford digital ads, which is one of the few tools I use to compete with big brands. 
• If data use is too restricted, online advertising could start to look like traditional ads – expensive, broad, and out of reach for small businesses like mine.
• A balanced national privacy law would protect consumers while preserving access to the digital tools and advertising options that help small businesses like mine grow and stay competitive.

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Content Moderation

Many of the online tools and platforms small businesses use every day, from social media and review sites to online marketplaces and e-commerce platforms, depend on a law called Section 230 of the Communications Decency Act (also known as CDA 230). 

Section 230 allows websites to host content created by users (like reviews, comments, and social media posts) without being held legally responsible for everything those users say. It allows platforms to set and enforce reasonable community guidelines. 

For small businesses, that means you can use online platforms to promote your products and services, connect with customers, and build community – without the platforms needing to screen every single post before it goes live. Without this law, platforms could remove or limit features like reviews and comments, or become far more restrictive about what users can share.

Any major changes to Section 230 could impact the availability, cost, or usefulness of the online tools you use to run and grow your business.

Sample Small Business Talking Points: 

• I use platforms like social media and review sites to connect with customers and promote my business. Those tools wouldn’t be the same without the protections Section 230 provides.
• Reviews and user feedback help people discover my business and build trust. If platforms remove those features, I lose a key part of my marketing strategy.
• My website allows for customer engagement and feedback. Without Section 230, maintaining those features might become too complicated or expensive.
• Section 230 gives online platforms the ability to host community content while setting reasonable rules. That balance helps small businesses like mine participate in the digital economy.

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Online Advertising

Small businesses are always looking for more affordable, effective ways to market and grow. Digital advertising offers unprecedented opportunities to connect with customers, sell products, and drive revenue – all while competing in a crowded market. 

Today’s ad landscape is highly competitive. Platforms like Google, Meta, Amazon, Microsoft, TikTok, and LinkedIn offer a wide range of tools for small businesses to reach the right audience with the right message, often on a limited budget. 

But the digital advertising ecosystem is facing growing challenges that could make it harder for small businesses to compete. 

At the federal level, legislation like the AMERICA Act would restructure how digital ad platforms operate. While aimed at large tech companies, the challenges could make advertising tools less connected, more complicated, and harder for small businesses to use effectively – putting them at a disadvantage while giving larger competitors a leg up. 

At the same time, several states are considering laws that would limit how businesses can use non-sensitive data to reach audiences or measure how well ads perform. These restrictions may sound consumer-focused, but they risk making ads more expensive and less effective – especially for small businesses that don’t have large marketing budgets or in-house marketing teams. 

Other states have proposed new taxes on digital ads, which would increase the cost of advertising across platforms. These taxes would be passed down to businesses like yours, shrinking already-tight budgets and making it even harder to compete with larger brands.

Each of these proposals could dramatically reshape the advertising landscape that helps small businesses grow – raising costs, reducing effectiveness, and cutting into your ability to succeed. 

Sample Small Business Talking Points: 

• I use digital ads because it’s an affordable, targeted, and easy way to reach customers and compete with larger businesses. 
• If new laws make ads or the tools I use more expensive or harder to use, I worry I won’t be able to keep up. My business doesn’t have the resources to rebuild our marketing strategy from scratch.
• Digital ad platforms work best when the tools are integrated. Breaking them apart (like what’s proposed in the AMERICA Act) would make my day-to-day operations more complicated and less productive. 
• Using basic, non-sensitive data helps me make the most of my ad budget and connect with customers who are actually interested in what I offer.
• I already work with a tight marketing budget. If my ad costs go up because of new taxes, that money has to come from somewhere and it could mean cutting back on staff, inventory, or services.
• Lawmakers need to understand that policies aimed at tech platforms can unintentionally harm small businesses like mine. We need smart policy and rules that reflect how real small businesses operate.

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Artificial Intelligence

Artificial Intelligence (AI) is quickly becoming part of how small businesses operate every day. From marketing automation to inventory management, customer support, and ad optimization, AI is helping small businesses work smarter, not harder.

Chances are, you’re already using AI even if you don’t call it that. Whether it’s Google Ads optimizing your campaigns, Shopify suggesting products to customers based on their browsing and buying history, or Mailchimp segmenting email lists that recommend the best times to send messages and personalize content based on customer behavior, many platforms you use are powered by AI. 

As AI tools become more accessible, policymakers are considering laws to regulate how it should be used. Smart regulation is important, but small businesses need a seat at the table. Most entrepreneurs use AI for low-risk, everyday tasks. Sweeping, one-size fits all rules could make it harder and more expensive for you to use these tools, stalling growth and innovation. 

Instead, we need balanced policies that protect people’s rights and safety while keeping AI tools accessible and affordable for small businesses.

Sample Small Business Talking Points: 

• I use AI-powered tools to do more with less. Automating tasks, improving customer service, and saving time so I can focus on running my business. 
• Smart AI legislation and regulations should recognize that small businesses use these tools for simple, every day tasks. Not the high-risk applications that make headlines.
• Policymakers should support education and training so more small businesses can confidently and safely use AI tools.
• A clear, national privacy and AI standard would help me navigate the rules and avoid concusing, conflicting laws across states.
• If regulations make AI tools harder or more expensive to use, small businesses like mine will be left behind while bigger companies pull further ahead.

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Trade & Tariffs

Trade and tariff policies can have a big impact on small businesses, especially when costs rise or supply chains shift unexpectedly. Unlike larger companies, small businesses don’t have sourcing experts or extra cash to help manage sudden changes in global trade rules. That makes it harder to plan ahead, adjust pricing, or keep products in stock. 

During times of uncertainty, digital tools can offer a safety net. Online marketplaces, digital ads, and AI tools make it easier to reach customers, stay agile, and compete – even when economic conditions are unpredictable. For the latest information and guidance on trade and tariff issues, we recommend exploring resources from the National Retail Federation (NRF), which offers updates, insights, and analysis to help businesses stay informed and prepared.