Governor Bob Ferguson has signed HB 2274 into law, marking a major win for Washington’s business community and an important step toward restoring balance and common sense to the Commercial Electronic Mail Act.
WR, our members, and coalition partners are especially grateful to Prime Sponsor Rep. Larry Springer and companion sponsor Senator Harris, sponsor of SB 5976, for their leadership and partnership in advancing this issue.
Why HB 2274 Was Needed
WR brought this legislation forward in response to a growing problem that emerged after the Washington Supreme Court’s Brown v. Old Navy decision. Following that ruling, businesses faced a wave of lawsuits over routine marketing email subject lines, even when the body of the message accurately reflected the promotion, and there was no requirement that a consumer opened, read, or relied on the email. What began as a consumer protection law was being applied in a way that created significant legal exposure over ordinary advertising language.
A Targeted Fix to CEMA
HB 2274 delivers a targeted and meaningful fix. The new law clarifies the standard for misleading subject lines and recalibrates statutory damages, helping address the recent surge in litigation while preserving core consumer protections.
A True Coalition Effort
This achievement would not have been possible without a tremendous coalition effort. WR is deeply grateful to the businesses, chambers, trade associations, and partners who stood with us throughout this process. Thank you to everyone who signed in PRO during public hearings, testified, engaged lawmakers, signed coalition letters, shared feedback, and supported advocacy efforts behind the scenes. Your involvement made a real difference.
Looking Ahead
While HB 2274 is a meaningful and much-needed step, the work is not over. Interim stakeholder discussions will now begin as we explore a more robust, long-term solution. We look forward to continuing that work with lawmakers, coalition partners, and stakeholders in the months ahead.
If you are interested in joining the interim stakeholder work, please contact Director of Policy & Government Affairs Crystal Leatherman at [email protected] or 360-884-0771.
