The effort to curb abusive litigation under Washington’s Commercial Electronic Mail Act (CEMA) has reached an important new milestone.
As we previously shared in
- EIA Fights to End Abusive Email Litigation in Washington State and
- House Committee Advances Substitute Bill to Curb Abusive CEMA Litigation,
EIA has been working alongside the Washington Retail Association and coalition partners to address a surge of high-volume lawsuits targeting ecommerce businesses over technical email violations.
This week, the Washington House passed a revised version of HB 2274 by a strong 86–11 vote — a meaningful step forward in stabilizing the current litigation environment. Those interested can watch the House floor discussion and final vote (01:32:20 – 01:39:04 of the session recording).
The Political Reality Behind the Bill
While we initially pursued broader reforms, it became clear that advancing comprehensive reform in a short 60-day legislative session — particularly on an issue opposed by the plaintiffs’ bar— would be extremely difficult. The plaintiffs’ attorneys in Washington State are a powerful, well-organized group that contributes heavily to political candidates in Washington state. They typically handle these types of cases on contingency and therefore stand to take home as much as 33% of any settlement or judgment.
The bill faced not only active opposition, but misinformation about its intent. In a compressed schedule like the 60 day session for the Washington legislature, lawmakers are balancing competing priorities on other important matters, and not all are inclined toward business-focused reforms.
After discussions with the bill’s prime sponsor and key legislative leaders, coalition partners made a strategic decision: focus on reforms that could realistically move this year, rather than risk leaving the session with no progress at all. The result is a narrower but meaningful step forward.
What Changed in the Bill
The substitute bill that passed the House includes several important reforms:
- Reducing statutory damages from $500 per violation to $100
- Applying a knowledge standard, tying liability to what a sender knew or reasonably should have known
- Securing neutrality from the Association of Washington Justice
The bill does not include retroactivity or comprehensive structural changes to fully address the underlying litigation surge. Lawmakers have acknowledged that this is a stabilization measure — not final reform.
Still, it reduces immediate exposure and signals legislative recognition that the current trajectory is unsustainable.
Why This Matters for Ecommerce Businesses
CEMA was enacted in 1998, in a very different technological era. Recent court interpretations have fueled high-volume litigation that can expose ecommerce brands to significant financial risk over technical email compliance issues.
For ecommerce businesses, the impact is real — especially small and mid-sized brands:
- Per-email statutory damages can multiply quickly
- Defense costs are substantial even in technical cases
- Litigation risk creates uncertainty around customer communication strategies
The House vote reflects bipartisan recognition that good-faith businesses should not face disproportionate penalties due to evolving interpretations of a decades-old statute.
What Happens Next
HB 2274 now moves to the Senate, where:
- A new policy committee hearing is required
- The bill must advance out of committee by February 25
- The Senate must act by March 12
If passed, the bill will move to the Governor.
Importantly, legislative leaders have committed to continued stakeholder engagement after the legislature adjourns this year in order to work toward more comprehensive reform in the next session.
This bill is not the end of the CEMA reform effort.It is a strategic stabilization step taken in a difficult political climate. It preserves the opportunity to pursue broader reform next year.
How Members Can Help
EIA will remain actively engaged with coalition partners as the bill moves through the Senate.
Member engagement continues to make a difference. If your business has been affected by CEMA litigation — or if the threat of litigation has altered your marketing practices — sharing those experiences strengthens our advocacy.
Progress in complex policy environments rarely happens in a single session. This week’s vote demonstrates that sustained engagement works — even when conditions are challenging.
UPDATE (FEBRUARY 25, 2026): Since this post was originally published, the Washington State Senate policy committee has voted to advance the CEMA reform legislation. The bill was passed out of committee on February 25th and now moves to the full Senate for floor debate. Under current legislative deadlines, Senate action must be completed by March 6th. This marks another meaningful step forward in efforts to curb abusive litigation targeting ecommerce businesses over technical email marketing violations.
Join the EIA today to help strengthen and shape policies that affect all ecommerce businesses. Together, we can continue to create the future of ecommerce. Subscribe to EIA email updates to stay informed on key developments and their impact on your business.
