Key facts
- More than 100 lawsuits have been filed against retailers and brands.
- The lawsuits allege violations of Washington's Commercial Electronic Mail Act (CEMA) and similar state laws.
- The legal actions primarily target email subject lines.
- The trend follows a Washington Supreme Court decision in the Brown v. Old Navy case.
- The litigation has expanded beyond Washington to other states.
A wave of over 100 lawsuits targeting retailers and brands has emerged following the Washington Supreme Court's decision in the Brown v. Old Navy case. These suits allege that email subject lines violate Washington's Commercial Electronic Mail Act (CEMA) and comparable statutes in other states. The litigation trend has expanded geographically, prompting legal professionals to advise companies on managing risks associated with their email marketing campaigns.
Legal experts are focusing on the specific subject lines that are drawing the most attention from plaintiffs' attorneys. Recent amendments to CEMA are also being examined for their impact on current and future claims. Companies are being urged to assess their email practices and adapt them to mitigate potential legal exposure.
A webinar hosted by Kelley Drye & Warren LLP on May 12, 2026, is scheduled to delve into these issues, offering insights into the legal landscape and practical steps for risk reduction.