Fake “Limited Time” Sale Offers? Attorneys Investigate Washington Email Spam Lawsuits 

Attorneys working with ClassAction.org are investigating whether some companies are breaking a Washington anti-spam law that protects residents against misleading email messages.

As part of their investigation, they need to hear from Washington residents who’ve regularly received emails about deals that were advertised as only being available for a limited amount of time yet seemed to always get extended or never end. Specifically, the attorneys are looking for information on the companies consumers believe could be sending out misleading “limited time” sales emails.

It’s possible that some companies may be violating the Washington Commercial Electronic Mail Act, a law that prohibits the transmission of emails with misleading information in their subject lines, by sending messages falsely announcing a sale has been “extended,” is “today only” or is “ending soon.” 

The Washington Commercial Electronic Mail Act provides that consumers who receive misleading emails could be owed $500.

Email Subject Lines: When Are They Misleading Under Washington Law?

According to the Washington Attorney General’s Office, an email subject line could be deceptive if it creates a false sense of urgency. For instance, if an online retailer decides to send an email with the subject line “50% - Today Only!” and knows the deal will last at least two weeks, the message may violate the Washington Commercial Electronic Mail Act.

Email subject lines advertising “VIP” or “Early Access” to a deal could also be deceptive if the company intends to open the sale to all customers at the same time.

Good American and Old Navy are among the retailers who have been hit with proposed class action lawsuits alleging they broke the Washington Commercial Electronic Mail Act by sending emails advertising sales as only being available for a limited time despite the deals lasting longer than stated.

How Could a Class Action Lawsuit Help?

A class action lawsuit could help Washington residents who’ve received emails advertising fake limited time sales recover money for these deceptive messages. Indeed, under the Washington Commercial Electronic Mail Act, companies that violate the law could be required to pay email recipients $500. 

A successful lawsuit could also force the company being sued to change how it advertises its sales and words its email subject lines. 

After you get in touch, an attorney or legal representative may reach out to you directly to explain more and ask you a few questions.

Company-Specific CEMA Investigations

True Religion Email Investigation: Fake Sales?

Attorneys believe that True Religion, a clothing company known best in the early 2000s for its high-end denim, may be violating a Washington state law by sending residents misleading marketing emails.

They suspect the retailer may create a false sense of urgency among customers by promoting “limited time” sales in its email subject lines that never truly end. For example, True Religion reportedly emailed customers earlier this summer stating that it was their “Last Chance” to “Hurry and get 20% off,” only to send an email the next day sharing that the offer had been extended.

If you’re a Washington resident who has received similar emails from True Religion, fill out the form on this page. You’ll be helping an investigation that could end up getting a class action lawsuit against the company on file.

Email Investigation: Did Scholastic Promote Fake Sales?

Children’s book publisher and distributor Scholastic is under investigation for sending marketing emails that attorneys believe may have been deceptive to recipients.

Specifically, they believe Scholastic may advertise in its email subject lines that its deals will be available for a certain amount of time—e.g., “Your 20% OFF Code Ends TONIGHT!” or “Final Day! Up to $40 Off Ends Tonight”—only to repeatedly extend the expiration dates of those sales.

It’s possible that the company’s messages may be illegal under the Washington Commercial Electronic Mail Act, and the attorneys want to file a class action lawsuit to help compensate consumers. So, if you’ve received marketing emails from Scholastic advertising sales that never seem to end, fill out the form on this page to help the investigation.

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