Engrossed Substitute House Bill 2274 — Commercial Electronic Mail Act (Washington, 2026 Regular Session)

Summary

This is Engrossed Substitute House Bill 2274, State of Washington, 69th Legislature, 2026 Regular Session, by House Consumer Protection & Business, originally sponsored by Representatives Springer, McClintock, and Bernbaum, read first time 02/04/26. The act relates to modifying the Washington commercial electronic mail act and amends RCW 19.190.020 and 19.190.040. Section 1 addresses the initiation of a commercial electronic mail message that uses a third party's internet domain name without permission or uses a subject line containing false or misleading information. Section 2 provides that damages to the recipient are $100, or actual damages, whichever is greater.

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Full text

                     ENGROSSED SUBSTITUTE HOUSE BILL 2274


     State of Washington         69th Legislature     2026 Regular Session

     By House Consumer Protection & Business (originally      sponsored   by
     Representatives Springer, McClintock, and Bernbaum)

     READ FIRST TIME 02/04/26.




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


 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 to know, is held by a Washington resident that:
12       (a) Uses a third party's internet domain name without permission
13   of the third party, or otherwise misrepresents or obscures any
14   information in identifying the point of origin or the transmission
15   path of a commercial electronic mail message; or
16       (b) ((Contains)) Uses a subject line which, based on the person's
17   actual knowledge or knowledge fairly implied on the basis of
18   objective circumstances, contains false or misleading information in
19   the subject line.
20       (2) For purposes of this section, a person knows that the
21   intended recipient of a commercial electronic mail message is a
                                       p. 1                         ESHB 2274
1    Washington resident if that information is available, upon request,
2    from the registrant of the internet domain name contained in the
3    recipient's electronic mail address.


 4       Sec. 2.   RCW 19.190.040 and 2003 c 137 s 5 are each amended to
 5   read as follows:
 6       (1) Damages to the recipient of a commercial electronic mail
 7   message or a commercial electronic text message sent in violation of
 8   this chapter are ((five hundred dollars)) $100, or actual damages,
 9   whichever is greater.
10       (2) Damages to an interactive computer service resulting from a
11   violation of this chapter are ((one thousand dollars)) $1,000, or
12   actual damages, whichever is greater.


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

                                 --- END ---




                                     p. 2                       ESHB 2274


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