Attorneys working with ClassAction.org are investigating whether some retailers are breaking a Washington anti-spam law that protects residents against misleading email messages.
As part of their investigation, they need to hear from consumers 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.
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.”
If you’ve received emails advertising fake limited time sales, fill out the form on this page and help the investigation. 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.
The following subject lines could also be considered misleading if the company knows the sale being promoted will be extended or will never end:
- Limited time only
- Final hours
- Last day
- Ending soon
- Ends tonight
- Sale extended
- Discount extended
- One day left
- Time is running out
- Last chance
- Today only
- [x] days only
- This week only
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.
If you live in Washington and receive emails advertising sales that never seem to end or always get extended, you may be able to help get a class action lawsuit on file. Fill out the form on this page today and share your story. 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.
