Time-Limited Deals in Misleading Email Subject Lines – Class Action Investigation

Introduction

Ahdoot & Wolfson is investigating potential class action lawsuits against retailers and other companies for using misleading subject lines in promotional emails, such as “Today Only,” “Ends Tonight,” or “Deal Ending Today,” when the offers do not actually expire as stated. These practices may violate consumer protection laws in California, Washington, and Maryland, potentially entitling affected recipients to substantial statutory damages. If you are a resident of California or Washington and have received such deceptive emails, you may be eligible to participate in a class action.

Background on Misleading Email Marketing Cases

A recent surge in litigation has targeted email marketing campaigns that create false urgency or misrepresent discounts and promotions. For instance, subject lines implying time-limited deals (e.g., “Three Days Only” or “Extended – Last Chance”) are alleged to be misleading if the promotions continue beyond the stated period or include hidden exclusions. This trend follows key court decisions, including the Washington Supreme Court’s ruling in Brown v. Old Navy (April 2025), which held that Washington’s Commercial Electronic Mail Act (CEMA) prohibits any false or misleading information in email subject lines, regardless of clarifications in the email body. Similarly, in California, lawsuits under Business & Professions Code § 17529.5 target deceptive subject lines that could mislead a reasonable recipient about the email’s content or offers. In Maryland, the Maryland Commercial Electronic Mail Act (MCEMA) under Commercial Law Code § 14-3002 prohibits commercial emails containing false or misleading information in the subject line that has the capacity, tendency, or effect of deceiving the recipient.

Examples of recent cases include:

• In Washington: Class actions against national retailers like Old Navy for subject lines claiming limited-time offers that were not truly time-bound, with potential penalties of $500 per violating email under CEMA.
• In California: Suits against companies like Kohl’s for misleading coupon promotions in email subject lines, alleging violations of anti-spam laws with damages up to $1,000 per email (potentially reducible to $100 with proof of due care).

These practices not only frustrate consumers but also expose them to unnecessary spam and deceptive advertising, violating state laws designed to protect email inboxes from falsity and deception. Retailers and advertisers in these states are advised to ensure subject lines accurately reflect the email’s content, but many continue to use tactics that prioritize clicks over transparency.

Potential Claims

Under California law (Business & Professions Code § 17529.5), it is unlawful to send commercial emails with misleading subject lines, falsified headers, or unauthorized domain use. Recipients do not need to prove actual harm or deception—statutory damages apply per email. In Washington, CEMA (RCW 19.190.010 et seq.) similarly bans false or misleading subject lines, treating violations as per se infractions of the Consumer Protection Act, with $500 statutory damages per email available without proving injury. Under Maryland law (Commercial Law Code § 14-3001 et seq.), commercial emails may not contain false or misleading information in the subject line, with statutory damages of $500 per email or actual damages (whichever is greater), plus attorneys’ fees.

If you reside in California, Washington, or Maryland, and have received promotional emails with deceptive subject lines (e.g., false urgency about sales ending “today” when they do not), you may have claims for statutory damages, injunctive relief, and attorneys’ fees. Class actions allow affected individuals to band together without upfront costs.

Contact Us For a Free Consultation

Have you received a marketing or promotional email recently that uses subject lines such as “Today Only,” “Ends Tonight,” or “Deal Ending Today,” and have reason to believe that the offer does or did not actually expire as stated?

Please fill out the form below for a free, no-obligation consultation with one of our attorneys. We will review your information and contact you promptly to discuss your options and potential participation in a class action lawsuit.