| Commercial Electronic Mail Act — texts (RCW 19.190.060) | Prohibits sending, or helping to send, commercial text messages to Washington residents without their consent. | Marketing texts go only to contacts with recorded opt-in; transactional messages such as appointment reminders are kept separate. |
| Commercial Electronic Mail Act — email subject lines | In Brown v. Old Navy (April 2025) the Washington Supreme Court held that any false or misleading information in a commercial email’s subject line can violate the Act, such as a “sale ends today” that does not end. A wave of class actions followed. | Subject lines are checked against the offer: deadlines are real and automated, and countdown wording is removed once an offer is extended. |
| My Health My Data Act (in force March 31, 2024) | Covers consumer health data collected by businesses not covered by HIPAA, including wellness, fitness and beauty services. It requires consent to collect and share that data and lets consumers sue. | Health-related details are kept out of tags, ad audiences and tracking pixels, and consent is captured on intake forms. |
| Call recording (RCW 9.73.030) | Washington requires the consent of every party to record a private call. | AI receptionists and recorded lines open with a recording notice. |