Misleading marketing emails
Marketing emails with misleading subject lines in Washington
Washington law bars marketing emails with false or misleading subject lines, and emails that fake or hide where they came from. If you’re in Washington and your inbox is full of fake deadlines and fake offers, you may have a claim.
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What the law says
Washington’s Commercial Electronic Mail Act, known as CEMA, covers marketing email sent to someone in Washington, or sent from a computer in Washington. That email can’t
- have a subject line the sender knows contains false or misleading information, or
- use someone else’s domain name without permission, or hide or fake where the email came from.
In 2025 the Washington Supreme Court held that the subject line rule covers any false or misleading fact in the subject line, not just a subject line that disguises an ad. That decision, Brown v. Old Navy, led to a wave of lawsuits.
What changed in 2026
In 2026 the Legislature responded. For lawsuits filed on or after June 11, 2026, damages are $100 for each illegal email, and the sender must have known, or should have known from the circumstances, that the subject line was false or misleading. A company that sends “final hours” for the same sale week after week should know.
Examples of subject lines that can cross the line
- “Last chance” or “Ends tonight” when the sale keeps going
- “Free” when it isn’t free
- “50% off everything” when most things aren’t
- A fake “Re” or “Your order” on an ad
- A sender name made to look like a person or company it isn’t
What doesn’t count
Opinion and hype, like “Best deals of the year” or “You’ll love this.” The rule is about facts, like how long a sale lasts, what it costs, or what’s available.
What to keep
- The emails themselves. Please don’t delete them. Forwarding them as attachments keeps the details we need.
- Later emails showing the “last chance” sale was still running
- Anything showing the company knows you’re in Washington, like an order shipped to a Washington address
Want the details? Read our plain English guide to CEMA or the full text of the law.