Senate Bill Report — ESHB 2274, Commercial Electronic Mail Act (Senate Committee, February 19, 2026)

Summary

This is the Senate Bill Report on ESHB 2274, as of February 19, 2026, for the Senate Committee on Business, Trade & Economic Development. The title is an act relating to modifying the Washington commercial electronic mail act, and the report states the bill passed the House on 2/16/26, 86-11. The brief summary says the bill requires the sender of a commercial email to have knowledge that the subject line is considered false or misleading to be a violation of the Commercial Electronic Mail Act. It also decreases the statutory damages for a recipient of a prohibited commercial email or text message to the greater of $100 or actual damages.

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Full text

                            SENATE BILL REPORT
                                 ESHB 2274

                                     As of February 19, 2026

Title: An act relating to modifying the Washington commercial electronic mail act.

Brief Description: Modifying the Washington commercial electronic mail act.

Sponsors: House Committee on Consumer Protection & Business (originally sponsored by
    Representatives Springer, McClintock and Bernbaum).

Brief History: Passed House: 2/16/26, 86-11.
     Committee Activity: Business, Trade & Economic Development: 2/19/26.


                                     Brief Summary of Bill
           • Requires the sender of a commercial email to have knowledge that the
             subject line is considered false or misleading to be a violation of the
             Commercial Electronic Mail Act.
           • Decreases the statutory damages for a recipient of a prohibited
             commercial email or text message to the greater of $100 or actual
             damages.


SENATE COMMITTEE ON BUSINESS, TRADE & ECONOMIC DEVELOPMENT

     Staff: William Bridges (786-7312)

     Background: Commercial Electronic Mail Act. Enacted in 1998, the Commercial
     Electronic Mail Act (CEMA) regulates commercial email. A commercial email is one that is
     sent for the purpose of promoting real property, goods, or services for sale or lease. It is
     illegal under CEMA for a person to send, conspire with another to send, or assist in the
     transmission of a commercial email from a computer in Washington or to an email address
     that the sender knows, or has reason to know, is held by a Washington resident that:
         • uses a third party's internet domain name without permission;




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

Senate Bill Report                              -1-                                       ESHB 2274
         • misrepresents or obscures the point of origin or transmission path; or
         • contains a false or misleading subject line.

     Businesses are also prohibited from sending a commercial text message to a cell phone or
     pager unless the text message was sent to a subscriber who has clearly and affirmatively
     consented in advance to receive text messages or the text message is sent by a cellular or
     pager service to an existing subscriber at no cost to the subscriber.

     Enforcement. A recipient of a prohibited commercial email or commercial text message
     may seek statutory damages of $500, or actual damages, whichever is greater. The recipient
     may bring an action under the Consumer Protection Act (CPA).

     Consumer Protection Act. The CPA allows a person injured by an unfair or deceptive
     practice to bring a private cause of action for actual damages, injunctive relief, reasonable
     attorney's fees, and treble damages. The Office of the Attorney General may investigate and
     prosecute claims under the CPA on behalf of the state or individuals in the state.

     Summary of Bill: Narrowing the Application of the Commercial Electronic Mail Act. In
     order for a commercial email subject line to be considered false or misleading under
     CEMA, the subject line must, based on the person's actual knowledge or knowledge fairly
     implied on the basis of objective circumstances, contain false or misleading information.

     Decreasing Statutory Damages. Statutory damages to a recipient of a prohibited commercial
     email or commercial text message are decreased to $100, or actual damages, whichever is
     greater. Lawsuits filed on or after the effective date are subject to the provisions, regardless
     of when the conduct occurred.

     Appropriation: None.

     Fiscal Note: Not requested.

     Creates Committee/Commission/Task Force that includes Legislative members: No.

     Effective Date: Ninety days after adjournment of session in which bill is passed.




Senate Bill Report                              -2-                                       ESHB 2274


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