Retailers of all sizes rely on email to communicate with customers about sales, promotions, store hours, and new products. For many small and mid-sized retailers, email is one of the most affordable and effective ways to stay competitive. But in Washington, even routine retail marketing now exposes businesses to costly lawsuits unless the Commercial Electronic Mail Act (CEMA) is updated this session.

House Bill 2274 is a bipartisan, carefully targeted bill that modernizes the 1998 CEMA statute and addresses the surge of litigation following an April 2025 Washington Supreme Court decision. Since that ruling, nearly 80 CEMA lawsuits have been filed against retailers and other businesses—often based solely on common retail subject lines like “Up to 60% off”—with statutory penalties that can quickly escalate into the millions, regardless of whether any consumer was actually misled or harmed.

HB 2274 preserves strong consumer protections against deceptive practices while curbing the litigation abuse that is hitting retailers, local shops, and regional brands especially hard. Without action, Washington will continue to be a favorable venue for opportunistic lawsuits that divert resources away from jobs, wages, and investment in local communities.

Take action today and help protect Washington from costly lawsuits driven by out-of-state firms.