Mass Arbitration: Old Navy “Limited Time” Sales Emails

Attorneys working with ClassAction.org believe that Old Navy may be sending emails advertising “limited time” sales that the company plans to extend beyond that limit.

Specifically, they believe that Old Navy’s email communications may routinely and intentionally misrepresent how long its various sales will last to give shoppers a false sense of urgency. These emails may, for example, include advertisements for “one day sales” that are nonetheless extended for at least one additional day after they are first opened and advertised.

The attorneys suspect these emails may violate consumer protection laws in Washington and Maryland, and that consumers in those states who’ve received such emails could have claims worth $500 or more.

Commercial Email Laws: Washington CEMA and Maryland’s Commercial Law Code

The Washington Commercial Electronic Mail Act (CEMA) 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.

Maryland passed a similar regulation in its Commercial Law Code in 2002, which similarly prohibits the distribution of commercial emails with false or misleading subject lines to Maryland residents.

Attorneys working with ClassAction.org believe Old Navy may have violated these laws by sending sales emails containing potentially deceptive or misleading subject lines and are now gathering shoppers to take action via mass arbitration.

Old Navy Class Action CEMA Lawsuit

A class action lawsuit was first filed against Old Navy and The Gap for alleged Washington CEMA violations on April 19, 2023. The suit claims that Old Navy frequently sent marketing emails with subject lines advertising limited time sales, including phrases such as “today only,” “3 DAYS ONLY” and “FINAL HOURS,” only to then routinely extend the sales past their emphatically advertised end time. The complaint also argues that Old Navy further hammers home the allegedly false sense of urgency by frequently including phrases such as “Hurry!,” “Go, go, go!” and “OPEN QUICKLY” in the subject lines.

One example of the supposedly false time limits cited by the filing is an email from April 2022, the subject line of which read, “No joke! $12.50 JEANS (today only),” only to have almost that exact advertisement repeated in the next day’s email header: “No joke! $12.50 JEANS (you earned it).”

Additionally, the lawsuit claims that Old Navy sends an incredibly high volume of emails to consumers, with multiple people reporting having received at least three Old Navy emails a day, which is over a thousand per year.

Per court records, this lawsuit is still ongoing but a motion to compel arbitration is anticipated.

Indeed, attorneys working with ClassAction.org have decided to pursue this matter through mass arbitration as Old Navy’s terms of use for its website contain an arbitration provision and class action waiver.

Here is a quick explanation of mass arbitration from our blog:

[M]ass arbitration occurs when hundreds or thousands of consumers file individual arbitration claims against the same company over the same issue at the same time. The aim of a mass arbitration proceeding is to grant relief on a large scale (similar to a class action lawsuit) for those who sign up.”

Notably, arbitration is a form of alternative dispute resolution that occurs outside of court before a neutral arbitrator, rather than a judge or jury.

How Much Does This Cost?

It costs nothing to sign up for the mass arbitration, and you’ll only need to pay if the attorneys win money on your behalf. Their payment will come as a percentage of your award.

If they don’t win your claim, you don’t pay.

How Much Money Could I Get?

There are no guarantees as to how much money you could get or whether your claim will succeed. However, affected Washington and Maryland consumers could have claims worth $500 or more, depending on their state’s consumer protection laws.

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