We recently blogged about proposed California State legislation that would provide stricter requirements applicable to commercial email advertisements that are sent either from California or to a California resident’s email address.

What is the current status of the email marketing legislation?

By a vote of 45 to 29, Bill 2546 (the “Bill”) was passed by the Assembly on May 31, 2018, and was sent to the Senate, where it had its first reading on June 4, 2018.

The email marketing Bill will now go through the same process it went through in the Assembly. If the Bill is amended at the Senate level, it will be sent back to the Assembly for approval. If the Bill is not approved by the Assembly, the Bill will move to a special committee for resolution. If a compromise is reached, then the Bill will be sent to both houses for a vote. If both houses approve the Bill, the Governor can either ratify or veto the Bill.

In 2008, then Governor Arnold Schwarzenegger vetoed a similar email marketing bill, Assembly Bill 2950 (“AB 2950”), out of concern that it would create excessive litigation. The latest proposed Bill contains some of the same provisions that were found in AB 2950.