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ARTICLE · 05 MARCH 2025

Refer A Friend Promotions? Get Consent!

Klein Moynihan Turco LLP
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On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ "Refer a Friend" promotions.

United StatesConsumer Protection
David O. Klein
David O. Klein
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On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ "Refer a Friend" promotions. In Jensen v. Capital One Financial Corp., the Court held that Plaintiff had sufficiently plead claims against Defendant pursuant to Washington's Commercial Electronic Mail Act ("CEMA") and Consumer Protection Act ("CPA"), even though Defendant did not send the text messages at issue.

Plaintiff received the allegedly violative text message from one of her personal contacts as part of Defendant's "Refer a Friend" credit card promotion. After Plaintiff filed her Complaint, Defendant responded by filing a Motion to Dismiss. Among other contentions, Defendant argued that Plaintiff failed to state a claim under CEMA because Defendant did not initiate or substantially assist in transmitting the allegedly violative text message. The Court denied Defendant's Motion, providing a stark reminder

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