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Washington Legislature· ESHB 2274C 135 L 26

Modifying the Washington commercial electronic mail act., the official text

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CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 2274
Chapter 135, Laws of 2026
69TH LEGISLATURE
2026 REGULAR SESSION
COMMERCIAL ELECTRONIC MAIL—VARIOUS PROVISIONS
EFFECTIVE DATE: June 11, 2026
Passed by the House February 16, 2026
Yeas 86  Nays 11
LAURIE JINKINS

Speaker of the House of Representatives
Passed by the Senate March 6, 2026
Yeas 43  Nays 5
DENNY HECK

President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2274 as passed by the House of Representatives and the Senate on the dates hereon set forth.
BERNARD DEAN

Chief Clerk
Chief Clerk
Approved March 23, 2026 10:24 AM
FILED
March 23, 2026

BOB FERGUSON

Governor of the State of Washington
Secretary of State
State of Washington

ENGROSSED SUBSTITUTE HOUSE BILL 2274

Passed Legislature - 2026 Regular Session
State of Washington
69th Legislature
2026 Regular Session

By House Consumer Protection & Business (originally sponsored by Representatives Springer, McClintock, and Bernbaum)
READ FIRST TIME 02/04/26.
AN ACT Relating to modifying the Washington commercial electronic mail act; amending RCW 19.190.020 and 19.190.040; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 19.190.020 and 1999 c 289 s 2 are each amended to read as follows:
(1) No person may initiate the transmission, conspire with another to initiate the transmission, or assist the transmission, of a commercial electronic mail message from a computer located in Washington or to an electronic mail address that the sender knows, or has reason to know, is held by a Washington resident that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or
(b) ((Contains ))Uses a subject line which, based on the person's actual knowledge or knowledge fairly implied on the basis of objective circumstances, contains false or misleading information in the subject line.
(2) For purposes of this section, a person knows that the intended recipient of a commercial electronic mail message is a Washington resident if that information is available, upon request, from the registrant of the internet domain name contained in the recipient's electronic mail address.
Sec. 2. RCW 19.190.040 and 2003 c 137 s 5 are each amended to read as follows:
(1) Damages to the recipient of a commercial electronic mail message or a commercial electronic text message sent in violation of this chapter are ((five hundred dollars ))$100 , or actual damages, whichever is greater.
(2) Damages to an interactive computer service resulting from a violation of this chapter are ((one thousand dollars ))$1,000 , or actual damages, whichever is greater.
NEW SECTION.    Sec. 3. This act applies to all causes of action commenced on or after the effective date of this section, regardless of when the cause of action arose. To this extent, this act applies retroactively, but in all other respects it applies prospectively.
Passed by the House February 16, 2026.
Passed by the Senate March 6, 2026.
Approved by the Governor March 23, 2026.
Filed in Office of Secretary of State March 23, 2026.
Every fact on this page links to its source, starting with the official bill record.