HB 2274, a targeted update to Washington’s Commercial Electronic Mail Act (CEMA) has advanced out of policy committee and is now in the House Rules Committee. This is a pivotal moment. If the bill does not move soon, it will stall, and the current litigation environment in Washington is likely to continue worsening.
Washington has seen a rapid increase in CEMA lawsuits based solely on email subject lines, often without any allegation that a consumer opened the email, relied on it, or suffered harm. These cases typically depend on statutory damages rather than consumer injury, fueling a growing wave of costly litigation for businesses of all sizes.
What HB 2274 Would Do
HB 2274 is a narrow, common-sense fix. It would not weaken consumer protections or permit deceptive practices. Instead, it would:
- Clarify that a subject line must relate to the commercial nature of the email.
- Preserve remedies for consumers who actually read, relied on, and were harmed by an email.
- Address the surge of pending cases that exploit Washington’s unusually broad statute.
Why This Matters Now
As HB 2274 has moved forward, opposition from some groups, including trial attorneys, has intensified. That opposition is being framed as consumer protection, but the litigation patterns suggest a different reality. Many recent cases rely on repeat plaintiffs, including individuals previously used in wage transparency lawsuits, highlighting how the current law is being leveraged for volume litigation rather than to remedy real harm.
Washington’s CEMA law is an outlier compared to other states, and that uniqueness has made the state a target. HB 2274 is designed to restore balance while keeping meaningful enforcement intact.
Timing Is Critical
To remain viable this session, HB 2274 must be voted out of the House before the House of Origin cutoff.
What You Can Do Right Now
Please contact your state representative and legislative leadership and urge them to support HB 2274 and move it out of Rules. Legislators need to hear directly from employers about the real-world impacts of this litigation and why a narrow fix is needed immediately.
You can find your legislative district and contact information here.
The next few days are decisive. Without action, this litigation trend will continue to accelerate and Washington businesses will keep paying the price.
