HB 2274 was signed by Governor Ferguson on March 23, 2026, and is codified as Chapter 135, 2026 Laws. The law takes effect on June 11, 2026. The bill was sponsored by Representatives Springer (D), McClintock (R), and Bernbaum (D). It passed the House 86–11 and the Senate 43–5.
Background: Brown v. Old Navy and the Surge in Litigation
CEMA was enacted in 1998 to regulate commercial email sent from or to Washington. For decades, the law generated minimal litigation—only about eight lawsuits against retailers from its enactment through June 2025. That changed dramatically following the Washington Supreme Court’s April 2025 decision in Brown v. Old Navy, LLC, which ruled that any false or misleading information in a commercial email subject line violates CEMA, regardless of context, materiality, or whether the recipient relied on the email. Since that decision, over 100 CEMA lawsuits have been filed, many targeting routine retail subject lines such as “up to” discounts, limited-time offers, and “free gift” promotions.
Key Changes Made by HB 2274
Knowledge Requirement for Subject Line Violations
Under the prior statute, CEMA simply prohibited commercial emails that “contain” false or misleading information in the subject line. HB 2274 amends RCW 19.190.020 to require that a subject line violation be based on the sender’s actual knowledge or knowledge fairly implied on the basis of objective circumstances that the subject line contains false or misleading information. This change narrows liability by requiring a showing of what the sender knew or reasonably should have known at the time the email was sent.
Reduction in Statutory Damages
HB 2274 amends RCW 19.190.040 to reduce statutory damages for recipients from $500 per violation to $100 per violation, or actual damages, whichever is greater. Damages for interactive computer services remain at $1,000 or actual damages, whichever is greater.
Retroactive Application
The law applies to all causes of action commenced on or after the effective date (June 11, 2026), regardless of when the underlying conduct occurred. This means pending claims filed after the effective date—including those based on pre-enactment emails—will be subject to the new, narrower standards and lower damages.
What the Bill Does Not Change
Importantly, HB 2274 does not repeal or modify the Consumer Protection Act (CPA) avenue for CEMA claims. Recipients may still bring a per se claim under the CPA for prohibited commercial email. The bill also does not alter the prohibition on commercial text messages sent without the recipient’s prior affirmative consent.
Legislative Context
Supporters characterized the bill as a “temporary compromise” designed to curb abusive litigation while preserving meaningful consumer protections, with an expectation that further refinements will be developed during the interim. Opponents argued the existing law appropriately targets deceptive practices and that businesses engaged in truthful advertising already have a complete defense. The Senate bill report noted that the compromise was described as “narrower than the original Senate companion bill” (SB 5976).
https://app.leg.wa.gov/billsummary?BillNumber=2274&Year=2025
