The bill prohibits a person from initiating, conspiring, or assisting the transmission of a commercial electronic mail message from a computer in Washington or to an email address the sender knows, or has a reliable basis to know, is held by a Washington resident when the message uses a third party’s internet domain name without permission or otherwise misrepresents or obscures information identifying the point of origin or transmission path, or when the message contains a subject line that the sender actually knew, or reasonably should have known from objective circumstances, would likely mislead a reasonably acting recipient about a fact material to the relevant transaction and that subject line was material to the recipient completing the transaction. The bill also provides 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. Knowledge-standard language used is “knows, or has a reliable basis to know” and “actual knowledge, or knowledge fairly implied on the basis of objective circumstances.” The bill creates statutory damage remedies: $500 or actual damages, whichever is greater, for a recipient who received, reviewed, and detrimentally relied on a violating commercial electronic mail or commercial electronic text message, and $1,000 or actual damages, whichever is greater, for an interactive computer service harmed by a violation. It clarifies these damages do not prevent recipients from bringing claims under other applicable law. The bill states that, except as provided, a violation of the chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition under the Washington Consumer Protection Act (chapter 19.86 RCW), but that this characterization does not apply to a violation of RCW 19.190.020, and it repeals RCW 19.190.030. This is a modification of existing law: the bill amends RCW 19.190.020, 19.190.040, and 19.190.100 and repeals RCW 19.190.030, creating new prohibited conduct and new civil damage remedies and specifying applicable knowledge standards and consumer protection characterization. The act applies to all causes of action commenced on or after the act’s effective date (retroactive only to that extent). The bill text provided does not specify the act’s effective date, the definitions of key terms used, or the text of the repealed section.

If enacted, the bill makes it easier for people and online platforms in Washington to hold senders accountable for certain deceptive commercial emails and texts that spoof others’ domain names or use subject lines likely to mislead recipients. Individuals who actually saw and relied on a violating message could recover at least $500 (or actual damages if higher), and interactive computer services can recover at least $1,000 (or actual damages if higher). Senders who target Washington residents face greater financial risk and likely will need to change practices to avoid spoofing or misleading subject lines, while domain name registrants will have to provide registrant information on request to help identify Washington recipients. Key details are unclear from the provided text, so the exact reach and timing are uncertain: the act’s effective date and the formal definitions of terms like “commercial electronic mail message,” “Washington resident,” and the repealed provision’s content are not included, which makes it hard to know precisely who is covered and when liability would begin.