Every time I think of the word SPAm, I think of the hilarious Monty Python SPAM skit
Today, spam has an entitly different meaing although the tasty yet ungodly unhealthy meat product of the same name is still available!!
Every day there seems to be more regulation that limits what is otherwise spam. Yet, we all still receive copious amounts of it depsite blockers, filters and behavior to prevent it. When will it end?
Recent developments in state anti-spam litigation are creating heightened exposure for retailers that use potentially misleading email subject lines. The Washington State Supreme Court’s interpretation of the Commercial Electronic Mail Act (“CEMA”) in Brown v. Old Navy LLC has broadened the scope of prohibited content, prompting a surge in putative class actions.
CEMA prohibits sending commercial electronic mail to Washington residents containing “false or misleading information in the subject line.”
The lawsuits challenge marketing practices that convey urgency or limited-time offers, raising complex questions about preemption under federal law and companies’ compliance obligations.
The Washington Supreme Court ruled that the statute applies to any false or misleading content in the subject line, not merely to statements about the commercial nature of the message. Following that decision, several retailers, including Macy’s and Discount Tire, faced class action claims alleging that promotional email subject lines misrepresented the duration or urgency of sales, even when similar offers were subsequently available.
Defendants have raised preemption arguments under the federal CAN-SPAM Act and, in some cases, challenged CEMA’s constitutionality. Courts have yet to resolve these challenges definitively.
In other words, retailers want to continue to utilize spam (and eggs) LoL
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