Brown v. Old Navy

Issue on Appeal: Certified Question – whether Washington’s Commercial Electronic Mail Act’s (CEMA) prohibition on “false or misleading information” in an e-mail's subject line applies to information that is false or misleading as to the nature and subject of the e-mail (i.e. commercial or personal) or to any information contained in the subject line.

RLC’s Position: The RLC’s brief explains that the historical context of “anti-SPAM” statutes and inherent limitations in subject lines support a finding that a prohibition on false or misleading information in e-mail subject lines refers to information about the commercial nature of the message.

Other Amici: Washington Retail Association

Counsel: Kathleen (Katie) O’Sullivan and Alexander (Alex) Baue at Perkins Coie