---
title: Update on Wave of CEMA Lawsuits
date: 2026-03-23T00:00:00-04:00
author: Mary Katherine (MK) Terrell
canonical_url: "https://www.kelleydrye.com/viewpoints/podcasts/ad-law-access/update-on-wave-of-cema-lawsuits"
section: Podcast Episodes
---
# Update on Wave of CEMA Lawsuits

  March 23, 2026

 

 

 

 

 

 

 [Kelley Drye Ad Law Access Podcast](https://soundcloud.com/adlawaccess "Kelley Drye Ad Law Access Podcast") · [Update on Wave of CEMA Lawsuits](https://soundcloud.com/adlawaccess/update-on-wave-of-cema "Update on Wave of CEMA Lawsuits")

 [Apple](https://podcasts.apple.com/us/podcast/update-on-wave-of-cema-lawsuits/id1457734764?i=1000756788711) [SoundCloud](https://soundcloud.com/adlawaccess/update-on-wave-of-cema?si=a25cff6a4d974025855c32cd10c17eff&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing) [Spotify](https://open.spotify.com/episode/0U8v1JiMYOf6p0e5zrr2p1?si=PWhFehE4SZuThylx3NQFag) 

 

A growing wave of class actions under Washington’s Commercial Electronic Mail Act is putting marketers on notice. In this episode, we break down the surge of more than 60 lawsuits challenging allegedly misleading email subject lines, the recent court rulings rejecting CAN-SPAM preemption and dormant commerce clause defenses, and the proposed Washington legislation that could narrow liability and limit remedies — even retroactively. For legal, compliance, and marketing teams, it’s a timely reminder that promotional email copy can create significant litigation risk and that now is the time to revisit subject-line review practices.

Hosted by Simone Roach. Based on a blog post by [Gonzalo E. Mon.](https://www.kelleydrye.com/people/gonzalo-e-mon)

 

 

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