As online shopping and email-based marketing have become an increasingly large portion of retail sales, Washington’s Commercial Electronic Mail Act (CEMA) has been invoked in a number of lawsuits challenging routine...more
Litigation under Washington’s CEMA, RCW 19.190, have flooded courts following a ruling from the Washington Supreme Court on April 17, 2025, which held that email subject lines containing false or misleading information were...more
In the year since the Washington Supreme Court opened the floodgates to subject line litigation, nearly 100 lawsuits have been filed in Washington State seeking rich statutory penalties for routine marketing subject lines,...more
A serial Telephone Consumer Protection Act (“TCPA”) litigant recently filed a complaint alleging that he received unsolicited text messages in violation of the TCPA’s Do Not Call regulations. Below, we discuss the allegations...more
Washington’s new Solicited Real Property Act took effect on January 1, 2026. The purported goal of the Act is to apply existing consumer protection laws for the benefit of sellers who do not actively seek to sell their real...more
In Retailers on Alert: The New Wave of Email Marketing Lawsuits, we discussed a growing wave of lawsuits targeting common email marketing practices under state anti-spam statutes, particularly Washington’s Commercial...more
For brands facing a surge of Washington state Commercial Electronic Mail Act (CEMA) litigation over email subject lines, there’s finally a bit of good news in the inbox....more
Companies that rely on email marketing are facing increased scrutiny as plaintiffs’ firms file a surge of class action lawsuits alleging violations of California’s Anti-Spam Law, California Business and Professions Code §...more
Our readers may recall a piece in which we discussed proposed legislation designed to curtail the number of lawsuits filed against companies for alleged violations of Washington’s Commercial Electronic Mail Act (“WA Email...more
So we have been covering the wave of opt-out evader TCPA lawsuits that have been filed recently. These are cases where a consumer uses every word but “stop” to ask a business to cease sending SMS messages, fully hoping the...more
Hi TCPAWorld! The Baroness here. I reported not too long ago that Alo Yoga was hit with a putative TCPA class action for marketing texts after a “stop” request....more
Omaha Steaks is in a bunch of trouble right now following alleged wrong number text messages sent to promote its tasty beef offerings. Specifically the Plaintiff in the new suit alleges receipt of unsolicited text messages...more
In Johnson v. Comodo Group, 2026 WL 296417 (D. N.J. Feb. 4, 2026) the court approved a class action settlement agreement whereby Comodo will pay $1,625,000 to settle the case, with average recovery of approximately $596 for...more
On February 17, 2026, the U.S. District Court for the Northern District of Georgia joined a growing list of district courts finding that consumers who receive more than one telemarketing text message cannot bring private...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
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
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
For any foreign (i.e. non-U.S.) companies out there that think you can blast American consumers with SMS messages or phone calls and escape liability, you better listen up....more
Following the United States Supreme Court’s decision in McLaughlin v. McKesson, companies facing alleged Telephone Consumer Protection Act (“TCPA”) violations are able to challenge areas of the TCPA that had been relatively...more
This is not Chet Wilson. Not long ago the score was 3-3 on the issue of whether SMS messages were calls under the TCPA’s DNC provisions. But then #biglaw got involved and.. yeah....more
Are you sending marketing text messages or placing telemarketing calls to individuals in Texas? If so, then you’ve probably been tracking the amendments to the Texas mini-TCPA, which took effect on September 1, 2025. Below we...more
Not long about I wrote about how a call to a guy named “Needle Dee” resulted in a potential $3.3 billion dollar exposure against the Federal Savings Bank....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
If you run an ecommerce brand or handle marketing compliance, you’ve probably heard about Texas Senate Bill 140 (SB 140) and its potential impact on text message marketing. Earlier this month, a group of plaintiffs, including...more