April 26, 2023 – Old Navy Sales Email Class Action Filed in Washington
Old Navy has been hit with a proposed class action lawsuit that alleges the retailer has illegally sent Washington consumers sales emails touting “imaginary” time limits and other false and/or misleading information. In light of this, attorneys no longer need to speak with those who received these emails.
The case alleges the barrage of sales emails Old Navy sends each day aim to impart a false sense of urgency on consumers, who are wrongly led to believe that sales are subject to a certain time limit, ending soon or have been extended.
Read ClassAction.org’s write-up about the case here.
At A Glance
This Alert Affects:
Washington residents who receive emails from Old Navy.
What’s Going On?
Attorneys are investigating whether Old Navy violated a Washington law by sending misleading emails about the terms of its sales. If so, they may be able to file a class action lawsuit on behalf of people who received the emails.
What Could Be Misleading About the Emails?
It’s believed that Old Navy routinely sends emails advertising a “One Day Sale” when it’s planning to extend the sale to more than one day, which may give shoppers a false sense of urgency.
How Could a Lawsuit Help?
A class action lawsuit filed under the Washington Commercial Electronic Mail Act (CEMA) could potentially provide $500 per misleading email.
Attorneys working with ClassAction.org are investigating whether Old Navy violated a Washington state law by sending spam emails that misled shoppers about the terms of its sales.
Specifically, they’re looking into whether Old Navy misleadingly sends emails advertising a “One Day Sale” when it’s planning to extend the sale another day – and, if so, whether a class action lawsuit can be filed under the Washington Commercial Electronic Mail Act (CEMA).
A class action lawsuit filed under the CEMA, a state-specific law that prohibits sending emails with misleading subject lines, could potentially provide $500 per misleading email.
What Is the Washington CEMA?
The Commercial Electronic Mail Act is a state-specific consumer protection law passed in 1998 in an effort to cut down on email spam. The law makes it illegal to send Washington residents commercial emails with false or misleading information in the subject line.
The attorneys we work with are now looking into whether Old Navy’s sales emails that advertised a “one day sale” in the subject line constitute misleading spam emails. It’s believed that Old Navy has a pattern of extending its supposedly one-day sales and that the retailer intentionally misrepresents how long the sale prices will last in order to give shoppers a false sense of urgency.
How Could a Class Action Lawsuit Help?
Class action lawsuits filed under the CEMA could potentially allow email recipients to be paid $500 per misleading email. A lawsuit against Old Navy could also force the retailer to comply with the anti-spam law.