In forcesince 11 Jun 2026 · US-WA
Washington cut CEMA damages from $500 to $100 per message
Engrossed Substitute House Bill 2274 cut statutory damages to a recipient from 500 dollars to 100 dollars per message, and added a knowledge element to the misleading-subject-line provision. It applies to any case commenced on or after 11 June 2026, regardless of when the emails were sent.
Who this applies to
Anyone facing or fearing a Washington CEMA claim. ISP damages stay at 1,000 dollars per message.
What to do
- Do not read this as an all-clear. Exposure was always volume multiplied by class size, and that has not changed.
- Note the retroactivity: emails sent before June 2026 are now governed by the new, more defendant-friendly text for any newly filed case.
- The added knowledge element means documented pre-send review is now directly useful as evidence.
What happens if you do not
Filings continued after the amendment, with cases against Cole Haan, Wayfair and others filed in July 2026. Whether the wave survives the five-fold damages cut is genuinely unsettled, and is the single biggest open question in this area.
Source
- Washington ESHB 2274, Chapter 135, Laws of 2026, effective 11 June 2026Published 23 Mar 2026Read it
Related
History of this page
- Added.