Ashley Stewart Lawsuit Investigation: Fake Sales Advertised in Marketing Emails?

Attorneys working with ClassAction.org are investigating whether Ashley Stewart is violating Washington’s Commercial Electronic Mail Act (CEMA) and Maryland’s Commercial Code by sending marketing emails that contain potentially misleading information—particularly, in their subject lines—about the time limits of its sales.

Specifically, they are looking into whether the plus-size clothing retailer misleadingly promotes sales under given time limits despite plans to extend the sales indefinitely or for a significantly longer time than advertised.

As part of their investigation, the attorneys need to hear from Washington and Maryland residents who have received Ashley Stewart marketing emails. These emails may contain subject lines such as:

• 50% OFF Clearance Flash sale Ends Tonight
• FLASH SALE!! EXTENDED take an EXTRA 50% off clearance styles
• Flash sale ends TONIGHT EXTRA 50% off clearance
• FLASH SALE EXTENDED It’s Not Too Late for EXTRA 50% off
• EXTENDED! Extra 50% Off Clearance! New Styles added
• Ending Tonight Extra 50% off Clearance Flash Sale
• EXTENDED! 50% off Clearance Flash Sale Ends TONIGHT

Under the applicable consumer protection laws, Washington and Maryland residents who have received potentially unlawful emails can seek up to $500 per violation.

How Could a Marketing Email Be Illegal?

In 1998, Washington implemented its Commercial Electronic Mail Act (CEMA), which outlaws the use of misleading, false or otherwise deceptive information in the subject line of a marketing email sent to Washington residents. According to the website for the Washington Attorney General’s office, a subject line can be considered misleading “if it has a tendency or capacity to deceive consumers.”

Maryland has a similar statute, Commercial Code § 14-3002. It also prohibits “false or misleading information in the subject line” of an email.

Attorneys working with ClassAction.org believe that Ashley Stewart may be sending marketing emails with subject lines advertising deals that may not be as limited as they claim, therefore imparting a false sense of urgency to consumers to buy quickly or else risk missing out.

How Would an Ashley Stewart Class Action Lawsuit Help?

If filed and successful, a class action lawsuit against Ashley Stewart could require the company to alter its email and marketing practices. Class actions filed under the CEMA and Maryland’s Commercial Code could additionally help Washington and Maryland consumers recover money for any emails they received that violate the law.

Washington and Maryland residents who received potentially unlawful emails may be able to seek up to $500.

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