In Washington state, consumers are protected from misleading digital marketing practices under the Commercial Electronic Mail Act (CEMA), codified in RCW 19.190. This law was enacted to address the growing problem of deceptive commercial emails and text messages, which often contain false subject lines, hidden sender identities, or misleading promotional content. As digital communication becomes more sophisticated, so do the tactics used by marketers, and CEMA ensures that Washington residents have legal recourse when those tactics cross the line.
What Is a CEMA Violation
A violation of CEMA occurs when a commercial electronic message, whether an email or a text, is sent to a Washington resident and includes false or misleading information. Most commonly, this involves deceptive subject lines that misrepresent the nature of the message. For example, a subject line that reads “Final Day for 50% Off” when the sale continues for another week is considered misleading under the law. Even if the body of the message is accurate, the subject line must stand on its own as truthful.
CEMA also prohibits messages that disguise the sender’s identity or promote goods and services in a deceptive manner. The law applies not only to the direct sender but also to any party that assists in the transmission of such messages, including marketing firms and email service providers, if they knowingly support the violation.
Legal Protections and Remedies
One of the most powerful aspects of CEMA is that violations are considered per se violations of Washington’s Consumer Protection Act (RCW 19.86). This means that victims do not need to prove intent or actual harm to pursue legal action. Each deceptive message is treated as a separate violation, and individuals may recover statutory damages of $500 per violation, or actual damages, whichever is greater.
This provision is especially important for consumers who receive multiple misleading messages over time. For example, if a company sends five deceptive emails, each one may qualify as a separate violation, potentially entitling the recipient to $2,500 in statutory damages.
Recent Legal Clarifications
In April 2025, the Washington Supreme Court issued a significant ruling that clarified the scope of CEMA. The court emphasized that the subject line of a commercial email must be accurate on its own, regardless of the message’s overall content. This decision reinforced the idea that consumers should not be misled at any point in the communication, even before opening the email.
The court also addressed the concept of puffery, which refers to exaggerated or subjective claims like “Best Deals of the Year.” These types of statements are generally not actionable under CEMA because they are considered opinion-based and not objectively false. However, statements that imply specific facts, such as “Only 5 Left” or “Offer Ends Tonight”, must be truthful, or they may constitute a violation.
Who Is Liable?
CEMA casts a wide net when it comes to liability. The law applies to anyone who sends or assists in sending deceptive commercial messages to Washington residents. This includes out-of-state companies, as long as the recipient resides in Washington and the sender could reasonably determine that fact. The law presumes that senders know the recipient’s location if it is available through domain registration or other public data.
Additionally, CEMA addresses the misuse of personally identifying information (PII). PII includes details that can be used to identify you. Organizations are legally obligated to safeguard this data, and failure to do so can result in statutory fines and other legal consequences. If PII is stolen, it may be exploited by criminals to commit identity fraud.
Why CEMA Matters
As digital marketing continues to evolve, so do the risks to consumers. Automated campaigns, AI-generated content, and data-driven targeting have made it easier than ever for companies to reach individuals, but not always ethically. CEMA provides a critical layer of protection, ensuring that marketing practices remain transparent and respectful of consumer rights.
For Washington residents, this law offers more than just protection, it offers empowerment. By holding deceptive marketers accountable, CEMA helps maintain trust in digital communication and gives individuals the tools to fight back against manipulation.
How Emery | Reddy Can Help
At Emery | Reddy, PC, we specialize in consumer protection, data breach litigation, and employment law. Our legal team is well-versed in the nuances of CEMA and has experience helping clients pursue claims for deceptive digital marketing practices. We offer free case reviews to evaluate your case and work on a contingency basis, meaning you don’t pay unless we recover for you.
If you’ve received misleading commercial emails or texts, you may be entitled to compensation. Whether the deception involves a false subject line, a disguised sender, or unauthorized use of personal data, our experienced attorneys can help you gather evidence, file a claim, and hold violators accountable.
Digital marketing should be honest and transparent. When it isn’t, Washington law provides a remedy, and Emery | Reddy is here to help you use it. If you believe you’ve been the victim of deceptive commercial messages, contact us today for a Free Case Review.
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