Washington’s Commercial Electronic Mail Act treats each deceptive marketing message as its own violation, worth up to $500. Emery | Reddy is now looking further back than its original Saatva investigation to find out how many Washington shoppers may be owed money.
Saatva, one of the largest direct-to-consumer mattress retailers in the country, is headquartered in Whitestone, New York, not Washington State. That matters because Washington’s Commercial Electronic Mail Act, known as CEMA and codified at RCW 19.190, protects any Washington resident who receives a deceptive commercial email or text message, regardless of where the sender is based. If Saatva sent misleading promotional messages to Washington shoppers, those shoppers may have a claim.
CEMA applies to any commercial electronic message, email or text, sent to a Washington resident that contains false or misleading information. Common examples include:
The subject line has to be truthful standing on its own. Even if the body of a Saatva email is accurate, a misleading subject line can still count as a separate violation.
Emery | Reddy’s earlier Saatva investigation focused on messages sent after April 17, 2025, the date the Washington Supreme Court issued a ruling confirming that a misleading subject line is, on its own, a violation of CEMA and a per se violation of Washington’s Consumer Protection Act. That ruling clarified how the law applies. It did not create the underlying statute, which has protected Washington consumers from deceptive commercial email for years before that decision.
Washington’s Consumer Protection Act carries a four-year statute of limitations. That means Washington residents who received misleading Saatva marketing emails as far back as 2022, and possibly earlier, may still be able to bring a claim today. Emery | Reddy is broadening its review of Saatva’s email marketing history to identify how far back this pattern goes.
Violations of CEMA are treated as per se violations of the Washington Consumer Protection Act. That carries several consequences for affected consumers:
Companies that market to Washington consumers by email or text have a legal duty to keep their subject lines and promotional claims truthful. If Saatva sent deceptive marketing messages to Washington residents, those consumers may be entitled to compensation.
If you are a Washington State resident who received a Saatva email or text message at any point since 2022, contact the Consumer Protection Attorneys at Emery | Reddy for a Free Case Review at 916.995.5968 or emeryreddy.com. No Fee Unless We Recover.
Do I have to be a Washington resident to have a claim?
Yes. Because Saatva is headquartered in New York, not Washington, a CEMA claim against Saatva depends on the recipient being a Washington State resident at the time the message was received.
How far back can my claim go?
Washington’s Consumer Protection Act, which CEMA violations fall under, carries a four-year statute of limitations. Emery | Reddy is currently reviewing Saatva emails sent as far back as 2022, and is looking for any examples that may reach back to 2021 as well.
What if the email I received was sent before the April 2025 Washington Supreme Court ruling?
The April 2025 ruling clarified how courts should apply CEMA to misleading subject lines. It did not create a new law. Messages sent before that ruling may still qualify if they were deceptive under CEMA’s existing standard, though this is a developing area and Emery | Reddy evaluates each message individually.
What kind of Saatva message would qualify?
Emails or texts with subject lines suggesting a sale is ending soon when it was not, claims that inventory was limited when it was not, or messages designed to obscure who sent them, are the kinds of messages that may qualify.
What should I do if I think I received a misleading Saatva message?
Save the message and, if possible, a screenshot showing the subject line, sender, and date received. The more messages you can document, the more potential violations may be included in your claim.
Do I have a legal claim?
You may. Washington consumers who receive deceptive commercial email or text messages can recover $500 per violation under CEMA, without needing to prove they were actually harmed. Contact the Consumer Protection Attorneys at Emery | Reddy at 916.995.5968 or www.emeryreddy.com for a Free Case Review. No Fee Unless We Recover.
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