ADventures in Law

Home | ADventures in Law

The Washington Court of Appeals recently issued a significant decision interpreting what counts as a “commercial” text message under Washington’s Commercial Electronic Mail Act (CEMA). The answer is broader than many businesses might expect.

core/paragraph

In&nbsp;Aaland v. CRST Home Solutions, LLC, the plaintiff, a licensed contractor, received a recruitment text from CRST Home Solutions inviting him to join their network of independent contractors. The company sent similar texts to other Washington residents as part of its business model. Aaland sued, arguing these messages violated CEMA, which prohibits sending commercial text messages absent clear and affirmative advance consent.

On summary judgment, the trial court sided with the defendant, finding that the recruitment texts failed to qualify as commercial under the CEMA – defined as “promot[ing] real property, goods, or services for sale or lease” – and dismissed the case. In its September 15 opinion, the Washington Court of Appeals reversed.

core/heading

Broad Definition of Commercial The court held that any unsolicited text message sent to further the growth or prosperity of a business – including recruiting contractors for services the business offers – is commercial under CEMA. The definition is not limited to direct sales pitches.

core/list-item

Consumer Protection Emphasized As CEMA is a consumer protection statute, the court noted that it must be interpreted liberally in favor of consumers. The court refused to narrow the law’s reach or rely on federal cases interpreting different statutes.

Class Action and Damages The court ordered summary judgment for the plaintiff and the class, sending the case back to the trial court to determine damages. Under CEMA, each violation can mean $500 in statutory damages (or actual damages, if they are higher). The court also found that the plaintiff was entitled to attorneys’ fees for the cost of bringing the appeal.

core/list

This decision is significant for businesses using text messages to recruit or market in Washington state. If your texts promote your business – even indirectly – you could be on the hook for significant liability if you don’t have proper consent to text.

When a Job Offer Becomes a Sales Pitch: Washington State Appeals Court Broadens Scope of Unsolicited Text Law