WashingtonWashington law bars misleading commercial email and sets damages
Washington law bars certain deceptive commercial email, sets damages for violations, and applies to cases started on or after its effective date.
What it does
The law bars commercial email that uses another party’s internet domain without permission, hides where the message came from, or uses a knowingly false or misleading subject line.
Recipients may recover $100 or their actual damages, whichever is greater, for a covered violation. An online service may recover $1,000 or its actual damages, whichever is greater.
The law applies to cases started on or after its effective date, even when the events behind them happened earlier; otherwise, it applies only going forward.
Argument forWashington residents could be less exposed to commercial email that hides who sent it or uses a subject line the sender knows is misleading.
Argument againstSenders could owe $100 even when a recipient’s actual losses are lower, because the law sets that amount as a minimum for violations.
More detail
The law bars people from sending commercial email that hides or misstates where it came from or uses a knowingly false or misleading subject line. It covers commercial email and bars using another party’s internet domain without permission or hiding or misrepresenting the message’s origin or path. The rule applies to messages sent from a computer in Washington or to an email address the sender knows, or has reason to know, belongs to a Washington resident. A subject line must be false or misleading, and the sender must know this or that knowledge must be fairly implied by objective circumstances.
The law sets damages of $100 or actual damages, whichever is greater, for a recipient of a commercial email or text message sent in violation of the law. The amounts apply to recipients of commercial email or text messages and to interactive computer services harmed by a violation. An interactive computer service, such as an online service, may receive $1,000 or its actual damages, whichever is greater, for a violation.
The law applies to causes of action started on or after its effective date, even if the underlying events happened earlier. This applies to all causes of action under the law. The law applies retroactively only to this extent; in all other respects, it applies going forward. This rule applies to cases started on or after the law’s effective date.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 23Effective date 6/11/2026.Latest
- Mar 23Chapter 135, 2026 Laws.Major
- Mar 23Governor Bob Ferguson signed.Became Law
- Mar 10Delivered to Governor.To Governor
- Mar 9President signed.Passed Senate
- Mar 6Speaker signed.Passed House
- Vote recorded 3rd Reading & Final Passage (#10). Result: pass.Upper
- Mar 6Third reading, passed; yeas, 43; nays, 5; absent, 0; excused, 1.Minor
- Mar 6Rules suspended. Placed on Third Reading.Minor
- Mar 5Placed on second reading by Rules Committee.Minor
- Feb 25Passed to Rules Committee for second reading.
- Feb 25Minority; without recommendation.Minor
- Feb 25BTE - Majority; do pass.Minor
- Feb 25Executive action taken in the Senate Committee on Business, Trade & Economic Development at 8:00 AM.
- Feb 19Public hearing in the Senate Committee on Business, Trade & Economic Development at 8:00 AM.
- Feb 18First reading, referred to Business, Trade & Economic Development.Minor
- Feb 16Third reading, passed; yeas, 86; nays, 11; absent, 0; excused, 1.Minor
- Vote recorded 3rd Reading & Final Passage (#17). Result: pass.Lower
- Feb 16Rules suspended. Placed on Third Reading.Minor
- Feb 16Floor amendment(s) adopted.
- Feb 161st substitute bill substituted (CPB 26).Major
- Feb 13Rules Committee relieved of further consideration. Placed on second reading.Minor
- Feb 4Referred to Rules 2 Review.Minor
- Feb 3Minority; do not pass.Minor
- Feb 3CPB - Majority; 1st substitute bill be substituted, do pass.Major
- Feb 3Executive action taken in the House Committee on Consumer Protection & Business at 1:30 PM.
- Jan 27Executive session scheduled, but no action was taken in the House Committee on Consumer Protection & Business at 1:30 PM.
- Jan 14Public hearing in the House Committee on Consumer Protection & Business at 1:30 PM.
- Jan 12First reading, referred to Consumer Protection & Business.Minor
- Jan 6Prefiled for introduction.Introduced
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