Washington’s Commercial Electronic Mail Act (CEMA), enacted in 1998, regulates commercial email sent from a computer located in Washington or to Washington residents. For decades, the law generated minimal litigation. That changed dramatically following an April 2025 Washington Supreme Court decision.
Under current law, RCW 19.190.020 prohibits commercial emails that contain false or misleading information in the subject line. Each violation carries $500 in statutory damages, subject to treble damages totaling $1,500 per email per recipient. Plaintiffs do not need to prove actual damages; the statute of limitations is four years, and CEMA violations are treated as per se violations of the Consumer Protection Act (CPA).
In Brown v. Old Navy (April 17, 2025), the Washington Supreme Court ruled that any false or misleading information in an email subject line violates CEMA—regardless of context, materiality, or whether the recipient relied on the email. Since that decision, dozens of lawsuits have been filed targeting routine retail subject lines such as “up to” discounts, limited-time offers, and “free gift” promotions. Because liability is calculated per email per Washington recipient, even a single campaign can result in massive financial exposure.
To address these unintended consequences, lawmakers introduced SB 5796 and its House companion, HB 2274. The legislation would revise RCW 19.190.020 so that a subject line violates CEMA only if it is likely to mislead a reasonable recipient about a fact material to the transaction, and only if the subject line was material to the recipient’s decision to complete the transaction. SB 5796/HB 2274 would also remove CEMA subject-line violations as per se CPA violations, limiting remedies to CEMA’s statutory damages. Importantly, the legislation would apply both prospectively and retroactively to existing claims.
For Washington retailers, SB 5796 and HB 2274 represent a critical effort to restore balance, curb abusive litigation, and realign CEMA enforcement with traditional consumer protection standards. To learn how you can get involved, contact Crystal Leatherman, WR’s Director of Policy and Government Affairs, at [email protected].
