CEMA Email Litigation Update
January 28, 2026
As our readers know, Washington’s Commercial Electronic Mail Act (“CEMA”) has become a fertile battleground for lawsuits involving CEMA email claims. Below, we discuss a
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KMT is my go to outside counsel for advice on promotional marketing, privacy, sweepstakes/gaming, TCPA/TSR and many other areas impacting our business. Their specialized industry knowledge in our space is second to none. They are responsive and provide practical advice that reflects a depth of knowledge and industry expertise. They are also my go to defense counsel for TCPA litigations and other matters. With an aggressive, take no prisoners approach and subject matter expertise, their litigation team has compiled an enviable track record in shutting down these cases. And they have provided invaluable advice and assistance dealing with regulators. In short – highly recommended.
As our company began to exponentially grow, I knew we needed to re-examine the law firm we were aligned with. Running a large, dynamic, digital advertising agency is not easy, and having the right outside counsel is very important to our success. KMT’s attorneys have proven themselves to be at the forefront of the digital advertising industry, and their reputation preceded them as such. Once engaged, we found their proactive approach to handling all industry matters for us to be quite refreshing as well as valuable. Knowing we have them on our team provides us with the comfort backstop we need to know we are making good business decisions and that we will be able to continue to grow our business.
We have used KMT for all of our sweepstakes and promotion-related needs for over a decade. KMT is an invaluable resource for sweepstakes contest rules drafting, promotion marketing review and general state and federal regulatory compliance advice. They give practical, rational and effective guidance. KMT is an industry leader in this space and to proceed with a contest promotion without their guidance would be a risky proposition. I highly recommend them.
I'm very happy with the legal representation I received from Klein Moynihan Turco LLP. When I had a legal dispute with a company owned by the world's largest online retailer, other law firms were afraid to take the matter on. But KMT not only went to bat for me, KMT also got me the results I wanted.
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Beware of Washington’s Commercial Email Statute!
January 16, 2026
Enacted in 1998, Washington’s Commercial Electronic Mail Act (“Washington Email Statute”) was aimed at curtailing consumers’ receipt of commercial email at a time when: (1) consumers had limited internet access; and (2) internet service providers typically charged for time spent accessing the internet. Despite its noble purpose, Washington’s Email Statute
AI Telemarketing Calls
January 14, 2026
Readers of this blog know that the Federal Communications Commission (“FCC”) declared that telemarketing calls utilizing artificial intelligence (“AI”) are subject to the Telephone Consumer Protection Act’s (“TCPA”) restrictions on “artificial or prerecorded voice” transmissions. With the use of AI becoming more prevalent, several states have taken steps to regulate the use of AI in calls to consumers. Below, we discuss: (1) a few states
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