The bill modifies the Washington Commercial Electronic Mail Act by amending existing provisions related to the transmission of commercial electronic mail messages. Specifically, it updates the language in RCW 19.190.020 to clarify that no person may initiate or assist in the transmission of such messages that use a third party's internet domain name without permission or contain false or misleading information in the subject line. The new language emphasizes that the subject line must be based on the sender's actual knowledge or knowledge implied by objective circumstances.

Additionally, the bill amends RCW 19.190.040 to adjust the damages for violations of the act. The damages for recipients of commercial electronic mail messages are increased from five hundred dollars to a minimum of one hundred dollars or actual damages, whichever is greater. Similarly, the damages for interactive computer services are raised from one thousand dollars to a minimum of one thousand dollars or actual damages, whichever is greater. The act also establishes that it applies retroactively to all causes of action commenced on or after its effective date.

Statutes affected:
Original bill: 19.190.020, 19.190.040, 19.190.100
Substitute bill: 19.190.020, 19.190.040
Engrossed substitute: 19.190.020, 19.190.040
Bill as passed Legislature: 19.190.020, 19.190.040
Session law: 19.190.020, 19.190.040