An April 2025 court ruling on the Commercial Electronic Email Act applied a broad standard for lawsuits against businesses using email marketing to grow and sustain their businesses.
The Washington State House of Representatives passed House Bill 2274 this week with a bipartisan vote of 86–11.The measure was introduced by Rep. Larry Springer, D-Kirkland, and Rep. Stephanie McClintock, R-Vancouver.
The legislation updates the state’s Commercial Electronic Mail Act (CEMA) following the Washington Supreme Court’s 2025 decision in Brown v. Old Navy, LLC. Since that ruling, nearly 80 lawsuits have been filed in Washington courts, many targeting routine email subject lines without allegations of consumer harm.
The bill responds to the lawsuit surge by providing targeted stabilization measures while preserving core consumer protections. House Bill 2274, as adopted:
- Reduces statutory damages from $500 to $100 per email, lowering the financial multiplier driving high-volume litigation.
- Applies a knowledge standard, tying liability to what a sender knew or reasonably should have known at the time the email was sent.
- Preserves accountability for genuinely false or misleading subject lines.
- Maintains CEMA as a per se violation of the state’s Consumer Protection Act, keeping enforcement authority intact.
“This legislation reflects bipartisan recognition that the current trajectory of lawsuits is unsustainable,” said Alesha Shemwell, Interim President and CEO of the Washington Retail Association. “The bill maintains meaningful consumer protections while reducing the immediate litigation pressures created by the Court’s interpretation of a decades-old statute.”
Under the current CEMA law, statutory damages may reach up to $1,500 per violation over a four-year statute of limitations, creating substantial financial exposure based solely on the volume of emails sent. House Bill 2274 provides greater proportionality and predictability while ensuring that deceptive practices remain subject to strong enforcement tools.
The bill now moves to the Washington State Senate for consideration.
