Litigation Update: Washington’s Commercial Electronic Mail Act

Since 2023, Washington courts have seen more than 25 cases filed for alleged violations of Washington’s Commercial Electronic Mail Act (CEMA). 

This Article outlines recent litigation trends and key takeaways following a Washington Supreme Court decision regarding CEMA’s reach.

What Is CEMA?

Washington’s CEMA was enacted in 1998. Among other provisions, this decades-old law prohibits the transmission of a “commercial electronic mail message” or a “commercial electronic text message” to Washington residents containing false or misleading information in the message’s subject line. RCW 19.190.020(1)(b). The statute defines “commercial electronic mail message” as an email “sent for the purpose of promoting real property, goods, or services for sale or lease.” RCW 19.190.010(2). Similarly, a “commercial electronic text message” is defined as “an electronic text message sent to promote real property, goods, or services for sale or lease.” RCW 19.190.010(3).

CEMA also provides for significant penalties. Violations of CEMA constitute per se violations of the state’s Consumer Protection Act. RCW 19.190.030. Under CEMA, damages to the recipient of a commercial electronic mail message or a commercial electronic text message sent in violation of this statute amount to $500 or actual damages, whichever is greater. RCW 19.190.040(1).