Law / United States / 
Washington
Commercial Electronic Mail Act, Text Messages
In force.
A commercial messages rule binding private bodies.
- Obligation class
- Prohibition, Consent
As of .
What it requires
- Do not initiate or assist in transmitting a commercial electronic text message to a telephone number assigned to a Washington resident for cellular telephone or pager service with text-messaging capability, unless an exception applies.
- You may send one only where the subscriber has clearly and affirmatively consented in advance to receive it, or, if you are the subscriber's own cellular or pager carrier, at no cost to the subscriber, unless the subscriber has said it does not want further commercial text messages from you.
If you get it wrong
Private right of actionYes
Statutory damages
Damages to the recipient of a commercial text message sent in violation of this chapter are $100 or actual damages, whichever is greater; damages to an interactive computer service are $1,000 or actual damages, whichever is greater. A violation is a per se unfair or deceptive act under the Consumer Protection Act, chapter 19.86 RCW.
- As of
- Currency
- USD
Who enforces it
Enforcement body
Private civil action as an unfair or deceptive act under the Consumer Protection Act, chapter 19.86 RCW
What this law does
RCW 19.190.060 prohibits a person conducting business in the state from initiating or assisting in the transmission of a commercial electronic text message to a telephone number assigned to a Washington resident for cellular telephone or pager service equipped with text-messaging capability, an outright ban rather than a disclosure-and-opt-out model.
RCW 19.190.070 excepts a message a cellular or pager carrier sends at no cost to its own existing subscriber, unless that subscriber has said it does not want further commercial text messages, and any message the subscriber has clearly and affirmatively consented in advance to receive. A person offering cellular or pager service is not liable merely for serving as an intermediary between the sender and the recipient unless it is assisting in the transmission.
A violation is a per se unfair or deceptive act under the Consumer Protection Act, chapter 19.86 RCW, and damages to the recipient are $100 or actual damages, whichever is greater (as amended by chapter 135, Laws of 2026, for actions commenced on or after ), and to an interactive computer service $1,000 or actual damages, whichever is greater.
When LexLint raises it
When your app profile says your app sends automated outreach.