The Usual Suspects: Purity, Protein, and Performance - If 2026 feels familiar, that's because it largely is. Investigations and filings in the food, beverage, and dietary supplement space continue to target long-running...more
Last year, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing Old Navy of sending emails that included false or misleading information about the duration of sales....more
In a recent piece, we discussed a bill that was introduced to reform Washington’s commercial email law. Below, we discuss: (1) the status of the bill; (2) its effect on Washington’s email law if the bill is enacted; and (3)...more
Washington CEMA Update: Proposed Legislative Response to Surge in Email Marketing Litigation - Two companion bills pending in the Washington Legislature—SB 5976 and HB 2274—would make targeted but significant changes to...more
We recently reported on the surge of lawsuits attacking routine promotional email taglines as supposedly “false or misleading subject lines” under Washington State’s Commercial Electronic Mail Act (CEMA). As these cases...more
As our readers know, Washington’s Commercial Electronic Mail Act (“CEMA”) has become a fertile battleground for lawsuits involving CEMA email claims. Below, we discuss a complaint alleging CEMA email claims against a leather...more
Enacted in 1998, Washington’s Commercial Electronic Mail Act (“Washington Email Statute”) was aimed at curtailing consumers’ receipt of commercial email at a time when: (1) consumers had limited internet access; and (2)...more
Partner Gonzalo Mon wrote “A Look At The Wave Of 2025 Email Marketing Suits in Wash.” published by Law360. The article details a 2025 decision by the Washington State Supreme Court that focused on the scope of Washington’s...more
Recent anti-spam litigation is exposing national retailers to potentially significant statutory damages and reputational risk, requiring innovative legal strategies and coordinated compliance efforts....more
The Washington Commercial Electronic Mail Act (CEMA), enacted in 1998, prohibits sending deceptive commercial emails and imposes a $500 penalty per violation regardless of an actual showing of damages. Section...more
Washington’s CEMA mini-TCPA has been drawing a lot of attention lately–especially as Courts around the country struggle with whether the TCPA’s DNC provisions apply to SMS messages....more
If your inbox has ever shouted “Last Chance!” only to whisper “Extended One More Day” the next morning, you’re not alone. And neither are the marketers behind those messages, who now find themselves facing a recent wave of...more
In Brown v. Old Navy, LLC, 567 P.3d 38 (Wash. 2025), the Washington Supreme Court recently interpreted the state’s Commercial Electronic Mail Act to prohibit any false or misleading information in the subject line of a...more
Texas has enacted a new “mini-TCPA” law that regulates telemarketing calls and text messages made to Texas residents, creating new compliance obligations and potential liabilities for businesses both inside and outside the...more
Skechers U.S.A., Inc. (“Skechers”) was recently sued in Washington for alleged violation of its state email marketing law. As part of its defense in the email litigation proceeding, Skechers removed the case from state court...more
In April, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing Old Navy of sending emails that included false or misleading information about the duration of sales. The Court...more
The Washington Court of Appeals recently issued a significant decision interpreting what counts as a “commercial” text message under Washington’s Commercial Electronic Mail Act (CEMA). The answer is broader than many...more
On September 15, the Court of Appeals of the State of Washington reversed a lower court’s decision in Aaland v. CRST Home Solutions, LLC (CRST), holding that unsolicited text messages sent to recruit independent contractors...more
On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),...more
Two years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales. For example, the complaint...more
On April 17, the Washington Supreme Court held that RCW 19.190.020(1)(b) prohibits sending Washington residents commercial emails that contain any false or misleading information in the subject lines of such emails. In Brown...more
TransPerfect Legal recently hosted its fifth annual Antitrust Clearance and Merger Enforcement Conference (ACME). One standout panel, "Data in the Modern Age: Chats, Modern Comments & Attachments, and Generative Artificial...more
After a three-year crackdown on the use of “ephemeral” electronic messaging platforms by the United States Securities and Exchange Commission (“SEC”) under Chair Gary Gensler, early indications are that the incoming Trump...more
On Tuesday, October 8, CTIA hosted the ConnectMobile Forum as part of this year’s Mobile World Congress in Las Vegas. The event brought together stakeholders from the messaging and voice ecosystems to discuss consumer...more