Have you ever opened an email because the subject line suggested something urgent, personal, or transactional — only to discover it was just an advertisement?
Should companies and retailers be allowed to use misleading subject lines to trick recipients into opening unsolicited marketing emails? Or should there be real consequences when businesses intentionally deceive consumers to get their attention?
In some states, lawmakers have already answered that question.
You May Be Entitled to CompensationÂ
If you live in California or Washington, or if the unsolicited email came from a company or retailer headquartered in either state, you may be entitled to statutory compensation for each misleading email you received.
Importantly, liability does not depend on whether you purchased anything or suffered financial loss. The statutes focus on the act of sending deceptive commercial email, not on downstream damages.
California’s Anti-Spam Email Act
California’s Anti-Spam Email Act prohibits businesses from sending commercial email advertisements with false or misleading subject lines or other deceptive header information.
Key points:
- Applies to unsolicited commercial emails
- Focuses on deception designed to induce the recipient to open the message
- Allows recipients to recover statutory damages of $1,000 per offending email, subject to a statutory cap
- Enforced through private civil lawsuits, not just regulators
The statute reflects a legislative judgment that deceptive email marketing is a harm in itself, even if the deception is brief.
Washington’s Commercial Electronic Mail Act (CEMA)
Washington’s Commercial Electronic Mail Act (CEMA) similarly targets misleading or deceptive commercial email practices, including subject lines that misrepresent the contents or purpose of the message.
Key points:
- Covers emails sent to or from Washington
- Prohibits materially false or misleading information in subject lines
- Authorizes statutory damages of at least $500 per email, with enhanced damages available for willful violations
- Expressly provides for civil enforcement by individual recipients
Like California’s law, CEMA is designed to deter deceptive marketing by making it financially risky.
If You Believe You’ve Received Misleading Email Advertisements
If you believe you have received unsolicited email advertisements that use misleading subject lines — particularly from retailers or companies connected to California or Washington — you may have enforceable legal claims.
Anyone who believes they may qualify as a recipient of unlawful marketing emails is encouraged to HSGLaW TODAY to discuss whether statutory remedies may be available.
Have questions about misleading marketing emails? Contact us today.
