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False Advertising Email Consumer Protection Laws

K&L Gates LLP

Washington Supreme Court Increases Risks of Lawsuits for False or Misleading Email Subject Lines

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The Supreme Court of Washington recently clarified the scope of violative practices under the Washington Consumer Electronic Mail Act (CEMA). In Brown v. Old Navy, LLC, the Court ruled 5-4 that CEMA prohibits advertisers from...more

Benesch

Time to RE-act: The Washington Supreme Court’s New Email Subject Line Ruling Could Put Retailers on the Hook for Trillions

Benesch on

On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),...more

Robinson+Cole Data Privacy + Security Insider

Re: Watch What You Say Here

The Commercial Electronic Mail Act (CEMA) is a Washington State law that prohibits sending state residents a commercial email misrepresenting the sender’s identity. A commercial email promotes real property, goods, or...more

BakerHostetler

Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

BakerHostetler on

Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more

Clark Hill PLC

Washington Supreme Court says it’s illegal to include any false or misleading information in the subject line of a commercial...

Clark Hill PLC on

On April 17, the Washington Supreme Court held that RCW 19.190.020(1)(b) prohibits sending Washington residents commercial emails that contain any false or misleading information in the subject lines of such emails. In Brown...more

Klein Moynihan Turco LLP

Email Marketing Compliance

Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or misleading unsolicited commercial email. With the marketing industry’s...more

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