Bill - Senate Bill 5976, Washington Commercial Electronic Mail Act (Washington Legislature, 2026)

Summary

Senate Bill 5976 of the 69th Legislature, 2026 Regular Session, State of Washington, is by Senators Harris, Liias, and Nobles, prefiled 01/05/26 and referred to the Committee on Business, Trade & Economic Development. The act relates to modifying the Washington commercial electronic mail act, amending RCW 19.190.020, 19.190.040, and 19.190.100, and repealing RCW 19.190.030. The text sets damages to a person who received a commercial electronic mail message sent in violation at $500, or actual damages, whichever is greater, and damages to an interactive computer service at $1,000, or actual damages, whichever is greater. Section 5 applies the act to all causes of action commenced on or after the effective date of that section.

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Full text

     S-3674.1

                               SENATE BILL 5976


     State of Washington       69th Legislature       2026 Regular Session

     By Senators Harris, Liias, and Nobles

     Prefiled 01/05/26. Read first time 01/12/26.    Referred to Committee
     on Business, Trade & Economic Development.




1        AN ACT Relating to modifying the Washington commercial electronic
2    mail act; amending RCW 19.190.020, 19.190.040, and 19.190.100;
3    creating a new section; and repealing RCW 19.190.030.


 4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 5       Sec. 1.   RCW 19.190.020 and 1999 c 289 s 2 are each amended to
 6   read as follows:
 7       (1) No person may initiate the transmission, conspire with
 8   another to initiate the transmission, or assist the transmission, of
 9   a commercial electronic mail message from a computer located in
10   Washington or to an electronic mail address that the sender knows, or
11   has ((reason)) a reliable basis to know, is held by a Washington
12   resident that:
13       (a) Uses a third party's internet domain name without permission
14   of the third party, or otherwise misrepresents or obscures any
15   information in identifying the point of origin or the transmission
16   path of a commercial electronic mail message; or
17       (b) Contains ((false or misleading information in the subject
18   line)) a subject line which, based on the person's actual knowledge,
19   or knowledge fairly implied on the basis of objective circumstances,
20   would be likely to mislead a recipient, acting reasonably under the
21   circumstances, about a fact material to the relevant transaction, and
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1    which subject line was in fact material to the recipient in
2    completing the transaction.
3        (2) For purposes of this section, a person knows that the
4    intended recipient of a commercial electronic mail message is a
5    Washington resident if that information is available, upon request,
6    from the registrant of the internet domain name contained in the
7    recipient's electronic mail address.

 8       Sec. 2.   RCW 19.190.040 and 2003 c 137 s 5 are each amended to
 9   read as follows:
10       (1) Damages to ((the recipient of)) a person who received,
11   reviewed, and detrimentally relied upon a commercial electronic mail
12   message or a commercial electronic text message sent in violation of
13   this chapter are ((five hundred dollars)) $500, or actual damages,
14   whichever is greater.
15       (2) Damages to an interactive computer service resulting from a
16   violation of this chapter are ((one thousand dollars)) $1,000, or
17   actual damages, whichever is greater.
18       (3) Nothing within this section shall prevent the recipient of a
19   commercial electronic mail message from bringing claims under any
20   other applicable law.


21       Sec. 3.   RCW 19.190.100 and 2005 c 378 s 4 are each amended to
22   read as follows:
23       (1) The legislature finds that the practices covered by this
24   chapter are matters vitally affecting the public interest for the
25   purpose of applying the consumer protection act, chapter 19.86 RCW.
26   ((A)) Except as provided in subsection (2) of this section, a
27   violation of this chapter is not reasonable in relation to the
28   development and preservation of business, and is an unfair or
29   deceptive act in trade or commerce and an unfair method of
30   competition for the purpose of applying the consumer protection act,
31   chapter 19.86 RCW.
32       (2) This section does not apply to a violation of RCW 19.190.020.


33      NEW SECTION.   Sec. 4.   RCW 19.190.030 (Unpermitted or misleading
34   electronic mail—Violation of consumer protection act) and 1999 c 289
35   s 3 & 1998 c 149 s 4 are each repealed.



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1       NEW SECTION. Sec. 5. This act applies to all causes of action
2   commenced on or after the effective date of this section, regardless
3   of when the cause of action arose. To this extent, this act applies
4   retroactively, but in all other respects it applies prospectively.

                                --- END ---




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