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ARTICLE · 15 JULY 2026

Washington’s CEMA Amendment Is Live, But Email Subject Line Litigation Is Not Over

McDermott Will & Schulte
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Washington state's amended Commercial Electronic Mail Act introduces a knowledge requirement for misleading subject line claims and reduces statutory damages, but retailers and consumer-facing businesses still face significant litigation risk. The amendment changes how plaintiffs must prove violations while leaving intact the broader framework that has made CEMA an attractive vehicle for class action lawsuits targeting email marketing practices.

United StatesConsumer Protection
DC Wolf
DC Wolf
Teresa Kosmidis
Teresa Kosmidis
David P. Saunders
David P. Saunders
Alexander H. Southwell
Alexander H. Southwell
Daniel J. Jacobi
Daniel J. Jacobi
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Overview

As of June 11, 2026, Washington state’s amendment to the Commercial Electronic Mail Act (CEMA) is in effect. The amendment adds a knowledge requirement for misleading subject line claims and lowers statutory damages, but it does not end CEMA litigation risk.

Retailers and other consumer-facing businesses should review email-marketing practices, preserve campaign evidence, and treat new CEMA claims as part of a broader wave of consumer class actions targeting promotions, pricing, website technology, and consumer outreach.

In depth

The story so far

The amendment follows the Washington Supreme Court’s April 2025 decision in Brown v. Old Navy, LLC, which held that pre-amendment CEMA reached commercial email subject lines containing allegedly false or misleading information, not only emails that concealed their commercial nature. Brown involved subject lines stating that promotional events were ending or otherwise time limited, even though the plaintiffs alleged the

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