News
Washington Commercial Email Law Update
1+ week, 6+ day ago (521+ words) In a recent piece, we discussed a bill that was introduced to reform Washington's commercial email law. Below, we discuss: (1) the status of the bill; (2) its effect on Washington's email law if the bill is enacted; and (3) its implications for…...
Beware of Washington’s Commercial Email Statute!
1+ mon, 2+ week ago (488+ words) Enacted in 1998, Washington's Commercial Electronic Mail Act (Washington Email Statute) was aimed at curtailing consumers' receipt of commercial email at a time when: (1) consumers had limited internet access; and (2) internet service providers typically charged for time spent accessing the internet....
Emerging Digital Marketing Risks: The Revival of State Anti-Spam Laws and Implications for Retailers
1+ mon, 3+ week ago (338+ words) Over the course of 2025, dozens of new CEMA cases were filed against retailers, with plaintiffs seeking draconian statutory damages from each defendant'as much as $500 for each supposedly deceptive email sent to each individual class member, which plaintiffs argue should be…...
Washington Supreme Court Expands Email Subject Line Restrictions Under CEMA
1+ mon, 4+ week ago (594+ words) The Washington Commercial Electronic Mail Act (CEMA), enacted in 1998, prohibits sending deceptive commercial emails and imposes a $500 penalty per violation regardless of an actual showing of damages. Section 19,190.020(1)(b) of CEMA expressly prohibits sending commercial emails if the subject line contains…...
CNIL requests public comments on draft recommendations on the use of tracking pixels in emails
8+ mon, 1+ day ago (231+ words) On June 12 2025, the French supervisory authority (CNIL) requested public comments on the draft recommendations on the use of tracking pixels in emails (Draft Recommendations). Tracking pixels are an alternative tracking method to cookies, taking the form of a nearly invisible…...
Click. Notify. Exfiltrate. Why the Most Damaging Threats Start in Your Inbox
8+ mon, 4+ week ago (996+ words) When organizations face a security breach, internal misconduct, or a regulatory inquiry, the instinct is often to focus on the latest digital platforms, such as Slack messages, Teams threads, and ephemeral chats. These channels feel immediate and modern, reflecting how…...
[Webcast Transcript] Faster Finds, Fewer Files: A Smarter Approach to Email Investigations
9+ mon, 5+ day ago (241+ words) + John Wilson, ACE, AME, CBE + Rene Novoa, CCLO, CCPA, CJED Vice President of Forensics, HaystackID Definitely. We'll circle back to that for sure. Even your signature is becoming interactive, and some of them include video or moving parts, which means…...
Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court
9+ mon, 3+ week ago (598+ words) Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered "communication service providers" and therefore are not subject to TUCSRA. - At least five courts have now held that information collected through email…...
[Webinar] Faster Finds, Fewer Files: A Smarter Approach to Email Investigations - May 21st, 11:00 am CDT
9+ mon, 4+ week ago (361+ words) Email remains one of the most critical and challenging data sources in investigations. Whether responding to cybersecurity incidents, managing eDiscovery demands, or handling regulatory audits, organizations have to quickly identify, analyze, and act on key email evidence. However, traditional methods…...
Washington Email Marketing Climate Has Changed!
10+ mon, 6+ day ago (519+ words) Last week, the Washington State Supreme Court issued a ruling which is anticipated to have significant implications for going-forward compliance with the Washington email law, the Commercial Electronic Mail Act (CEMA). What are the compliance obligations under the Washington email…...