| Momentum Bucket | Became Law |
| Legal Title | AN ACT Relating to modifying the Washington commercial electronic mail act; |
| Bill Description | Modifying the Washington commercial electronic mail act. |
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What this bill does
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This bill amends RCW 19.190.020 to create new civil prohibitions on initiating, conspiring to initiate, or assisting the transmission of a commercial electronic mail message from a computer in Washington or to an email address the sender knows or should know is held by a Washington resident when the message (1) uses a third party's internet domain name without that third party's permission or otherwise misrepresents or obscures information identifying the point of origin or transmission path, or (2) uses a subject line that, based on the sender's actual knowledge or knowledge fairly implied from objective circumstances, contains false or misleading information. It also amends RCW 19.190.020(2) to state that a sender is deemed to know the intended recipient is a Washington resident if that information is available, upon request, from the registrant of the internet domain name in the recipient's email address.
The bill amends RCW 19.190.040 to set statutory damages for violations: $100 or actual damages if greater for a recipient of a prohibited commercial electronic mail or text message, and $1,000 or actual damages if greater for an interactive computer service harmed by a violation. These are changes to civil liability and remedies rather than criminal penalties.
The bill adds a provision that it applies to all causes of action commenced on or after the act's effective date and that, to that extent, it applies retroactively; otherwise it applies prospectively. Affected parties identified in the text include Washington residents receiving email, senders or other persons who initiate or assist transmissions, internet domain name registrants (as a source for residency information), and interactive computer services. The House passed the bill on February 16, 2026 (86-11) and the Senate passed it on March 6, 2026 (43-5). The act's effective date and formal definitions of key terms (for example, "commercial electronic mail message," "commercial electronic text message," "interactive computer service," "person," and "registrant") are not included in the extracted text, and it is unclear whether other sections of the chapter are affected.
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Why it matters
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If enacted, the bill makes it unlawful to send commercial emails to Washington residents that fake or hide their origin (including using another party’s domain without permission) or use subject lines the sender knows or should know are false, and it treats people who initiate, help, or conspire in those transmissions as liable. It creates fixed damage amounts of $100 (or actual loss if greater) for each recipient harmed and $1,000 (or actual loss if greater) for any interactive computer service harmed, and it says lawsuits filed on or after the law’s effective date can use these new rules even for older conduct.
The groups most affected are commercial email senders and their vendors (marketing firms, email service providers, and other third parties) who will face greater legal risk and potential payouts, and interactive computer services that can now recover set damages when harmed. Domain registrants may see more requests for residency information because senders are treated as knowing a recipient is a Washington resident if that information is available from the registrant upon request. Important details are missing here—specifically the law’s effective date and the formal definitions of key terms—so the exact scope and timing of these new risks and obligations are unclear.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/03/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,698,074.38 |
| BUSINESSES |
| Hearing | House Consumer Protection & Business (Public) |
| Hearing | House Consumer Protection & Business (Executive) |
| Hearing | Senate Business, Trade & Economic Development (Public) |
| Hearing | Senate Business, Trade & Economic Development (Executive) |