Washington Supreme Court rules false email subject lines violate state law, imposing $500 per email penalties

The Washington Supreme Court interpreted the state’s Commercial Electronic Mail Act (CEMA) to forbid any false or misleading information in email subject lines, extending the law beyond traditional spam definitions. In the April 17 2025 decision in Brown v. Old Navy, the court held that each violation carries statutory damages of $500 per email per recipient, with no cap, and may also trigger penalties under the Consumer Protection Act.

The ruling has spurred a wave of class‑action lawsuits—nearly 200 filings against retailers, airlines, hotels, insurers and other brands—despite plaintiffs not needing to prove that recipients opened or acted on the emails. Potential exposure for large campaigns could run into hundreds of millions of dollars, prompting marketers nationwide to reassess subject‑line practices.

Legal experts say the decision will reshape email marketing across the United States, as companies must now ensure subject lines are strictly factual to avoid costly liability.