Bill > SB5976

This bill modifies the Washington Commercial Electronic Mail Act by changing the conditions under which commercial emails are prohibited and adjusting the penalties for violations. Specifically, it updates the definition of a prohibited email to include those with subject lines that are misleading based on the sender's knowledge or implied knowledge, and which were material to the recipient's transaction, rather than just containing false or misleading information in the subject line. The bill also clarifies that a sender is considered to know an email address belongs to a Washington resident if that information is available from the domain name registrant. It increases the damages for recipients who detrimentally rely on a violative email from $500 to $500 or actual damages, whichever is greater, and for interactive computer services from $1,000 to $1,000 or actual damages, also whichever is greater, while also stating that recipients can pursue claims under other applicable laws. Furthermore, the bill repeals a section that automatically deemed violations of the act as unfair or deceptive practices under the Consumer Protection Act, but it now specifies that this repeal does not apply to violations of the prohibited email transmission rules. The bill also makes these changes retroactive for causes of action commenced on or after its effective date.

Business and Industry

https://app.leg.wa.gov/billsummary?BillNumber=5976&Year=2025&Initiative=false