Nov. 14, 2025
CEMA expands liability for text-based referral marketing in Washington
Plaintiffs' attorneys are increasingly turning to Washington's CEMA to challenge text-based refer-a-friend programs, drawn by its broad liability standards, statutory damages, and fee-shifting provisions.
Wynter L. Deagle
Partner
Sheppard Mullin
Intellectual Property Practice Group and a member of the Privacy and Cybersecurity team
Northeastern U School of Law
A new wave of class action litigation is emerging under Washington State's Consumer Electronic Mail Act (CEMA), targeting companies that utilize refer-a-friend marketing programs via text message. CEMA's expansive liability framework -- combined with statutory damages of $500 per violation and the availability of attorneys' fees -- has made it an increasingly attractive tool for plaintiffs' counsel.
CEMA vs. TCPA: A broader liability framework
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