Our marketing team uses subject lines such as “Sale Ends Tonight.” Is that a compliance problem?

Q: Our marketing team uses subject lines such as “Sale Ends Tonight.” Is that a compliance problem?

CLICBrain: It can create risk if the statement does not match the actual promotion.

The important review should extend beyond the wording of the subject line. Organizations should consider whether the offer terms, expiration timing, campaign settings, automated sends, extensions, and related promotional practices are consistent with the representation made to recipients.

Washington’s Commercial Electronic Mail Act (“CEMA”) has generated significant litigation concerning allegedly false or misleading promotional subject lines, particularly following the Washington Supreme Court’s 2025 Brown v. Old Navy decision. Organizations should review current Washington requirements in reviewing their marketing.

Could we prove that the promotional claim was accurate when the email was sent?

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CLICBrain Weekly Briefings provide operational compliance intelligence and commentary for internet businesses. Regulatory developments, enforcement activity, and legal requirements discussed herein should be evaluated in the context of your organization’s specific operations, systems, data practices, and risk profile. This briefing is for informational and educational purposes only and does not constitute legal advice.