The bill modifies the Washington Commercial Electronic Mail Act by amending several sections and repealing one. Key changes include the clarification of what constitutes misleading subject lines in commercial emails, specifying that a subject line must not mislead a recipient about a material fact related to the transaction. The bill also updates the definition of damages, allowing for claims of $500 or actual damages for recipients who have detrimentally relied on misleading emails, and $1,000 or actual damages for interactive computer services affected by violations. Additionally, it introduces a provision that allows recipients to bring claims under other applicable laws.
Furthermore, the bill emphasizes that violations of the act are considered unfair or deceptive acts in trade or commerce under the consumer protection act, with an exception for violations of the specific section regarding misleading subject lines. The repeal of RCW 19.190.030 removes previous language related to unpermitted or misleading electronic mail. The act is designed to apply retroactively to all causes of action commenced after its effective date, ensuring that it addresses past violations while also applying to future cases.
Statutes affected: Original bill: 19.190.020, 19.190.040, 19.190.100