Update On The Wave Of CEMA Lawsuits

Last year, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing Old Navy of sending emails that included false or misleading information about the duration of sales. The Court determined that including such information in the emails' subject lines violated the state's Commercial Electronic Mail Act (or "CEMA").

Since our last post on CEMA, we've seen dozens of lawsuits alleging that a broad range of retailers across industries sent emails with subject lines that violate the law. My Law360 article last month summarizes these developments and provides some tips on what companies can do to help reduce their risk of getting dragged into a lawsuit.