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What do 100-plus lawsuits and a last-minute legislative fix say about the future of email marketing in Washington? In this episode, we break down Washington’s amendment to its Commercial Electronic Mail Act, a fast-moving response to a surge of litigation after the state supreme court’s Old Navy decision, and explore how the new law lowers statutory damages from $500 to $100 per message while adding a knowledge standard that requires plaintiffs to show senders knew—or reasonably should have known—that subject lines were false or misleading. With the changes taking effect June 11, 2026, the update offers important relief for marketers while leaving plenty of compliance risk still on the table.
Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.
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