The Washington Supreme Court has affirmed that commercial emails sent to or from Washington must not include false or misleading information in their subject lines, reinforcing the state’s Commercial Electronic Mail Act (CEMA).
In a recent decision, the court determined that subject lines implying time-limited promotions, such as those stating a deal ends “today only” when the offer actually continues, can be considered deceptive and in violation of the law. However, the court also clarified that general marketing “puffery,” such as phrases like “biggest sale ever,” is not subject to the same standard.
Key takeaway for retailers:
Businesses sending commercial emails must ensure that subject lines accurately represent the nature and timing of the promotion. While enthusiastic or exaggerated language is allowed, factual claims must be truthful. Retailers should audit their email marketing practices to ensure compliance and avoid potential legal challenges.
