Washington Email Marketing Law: An Overview
The Washington State Supreme Court recently issued a significant ruling regarding the application of the Commercial Electronic Mail Act (“CEMA”) to email marketing campaigns. CEMA is a state law that regulates commercial electronic mail messages, including email marketing campaigns. The law is designed to protect consumers from deceptive or misleading commercial emails.
Key Provisions of CEMA
* The law prohibits the sending of commercial email messages that contain false or misleading information in the subject line. * The law requires that commercial email messages communicate honestly about the terms of a given promotion or sale in the subject line. * The law sets a $500 penalty for sending commercial email messages that violate the statute.
The Washington Supreme Court Ruling
The Washington Supreme Court was tasked with determining the scope of CEMA’s subject line regulation. The Court sought to clarify whether this restriction prohibits false or misleading information about the commercial nature of an email message (i.e., what the email is about), or whether it also prohibits any false or misleading information in the subject line itself. The Court ultimately concluded that the statute prohibits the latter, and that subject lines which contain any false or misleading information violate CEMA. To reach that conclusion, the Court observed that CEMA’s plain language requires “evaluating the subject line alone,” because the statute does not regulate the body (in notable contrast to other state email statutes, such as California’s Business and Professions Code § 17529.5).
“CEMA protects consumers by requiring that commercial e-mails communicate honestly about the terms of a given promotion or sale in the subject line.”
Implications for Your Business
CEMA sets a $500 penalty for sending commercial email messages that violate the statute. As a result, potential liability for non-compliance can accrue quickly for those email marketing campaigns that include Washington State recipients. The Washington Supreme Court’s ruling, and its tightening of the restrictions applicable to what may be included in an email’s subject line, should underscore the continuing evolution of the email marketing regulatory environment. The rules governing email marketing compliance are constantly changing. As such, email marketing companies are advised to hire experienced counsel to ensure that they comply with CEMA, CAN-SPAM, and other applicable federal and state regulations.
| Key Considerations | Implications for Your Business |
|---|---|
| CEMA’s $500 penalty for non-compliance | Potential liability for non-compliance can accrue quickly for those email marketing campaigns that include Washington State recipients. |
| Tightening of restrictions on subject line content | The Washington Supreme Court’s ruling should underscore the continuing evolution of the email marketing regulatory environment. |
| Need for experienced counsel | Email marketing companies should hire experienced counsel to ensure compliance with CEMA, CAN-SPAM, and other applicable federal and state regulations. |
Conclusion
The Washington State email marketing law, as clarified by the Washington Supreme Court, sets a new standard for compliance with the Commercial Electronic Mail Act. Email marketing companies must take steps to ensure that they comply with the law, including hiring experienced counsel to navigate the evolving regulatory landscape. By doing so, businesses can protect themselves from potential liability and maintain the trust of their customers.
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