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ARTICLE · 15 APRIL 2026

Trouble In Paradise: Subject Line Class Action Hits Florida

Ballard Spahr LLP
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In the year since the Washington Supreme Court opened the floodgates to subject line litigation, nearly 100 lawsuits have been filed in Washington State seeking rich statutory penalties for routine marketing subject lines...

United StatesLitigation, Mediation & Arbitration
Stephanie A. Sheridan
Stephanie A. Sheridan
Meegan Brooks
Meegan Brooks
Ryan T. O'Hollaren
Ryan T. O'Hollaren
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In the year since the Washington Supreme Court opened the floodgates to subject line litigation, nearly 100 lawsuits have been filed in Washington State seeking rich statutory penalties for routine marketing subject lines, based on the theory that by allegedly misrepresenting the duration or availability of a promotion, the subject line ran afoul of the Washington Commercial Electronic Mail Act's (CEMA) prohibition on subject lines containing "false or misleading" information. Maryland quickly emerged as the second highest-risk state, with 10 similar suits filed in the same time frame. California was next, followed by two outlier lawsuits in Indiana.

Now, the Plaintiffs' bar has found its next target: Florida.

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