Washington Supreme Court hears dispute over scope of anti-spam law in Old Navy case

Summary

On Sept. 10, 2024, the Washington Supreme Court heard argument over whether the Commercial Electronic Mail Act makes any false or misleading information in an email subject line a per se violation, or whether the subject line must be read in context with the email body; counsel for Old Navy and the consumers disputed statutory text, history and practical effects.

SEPTEMBER 10, 2024 — The Washington Supreme Court on Tuesday heard competing views over how to read a state anti-spam statute after counsel for Old Navy and a pair of consumers argued a certified question about the Commercial Electronic Mail Act (CEMA).

In opening argument, Stephanie Shuster, counsel for Old Navy, told the court the dispute turns on statutory interpretation and context. "The Consumer Protection Act has prohibited false advertising in any and every form since long before the Commercial Electronic Mail Act," Shuster said, and argued that the phrase "subject line" in the 1998 law should be read in light of surrounding text and contemporaneous meaning rather than as a device to create different remedies for identical statements in different parts of an email.

Blythe Chandler, counsel for the consumers Roxanne Brown and Michelle Smith, urged…

Washington Supreme Court hears dispute over scope of anti-spam law in Old Navy case

Summary

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