Investigation

Misleading Marketing Emails

Companies that send marketing emails with false or misleading subject lines may be breaking the law.

Almeida Law Group is investigating companies that send marketing emails with false or misleading subject lines. These tactics are designed to create a false sense of urgency, misrepresent the purpose of the email or manipulate recipients into opening promotional messages and making purchases under pressure that does not actually exist.

This conduct may violate various state laws like the Commercial Electronic Mail Act (CEMA). Consumers in California, Maryland, Oregon and Washington may be entitled to seek compensation.

What does this look like in practice?

A company sends an email with a subject line indicating that a sale or promotion is about to expire. Within days, the same company sends follow-up emails extending the offer or reissuing an identical promotion under similar “last chance” framing. These messages are often repeated or extended, undermining the truth of the initial claim.

Common subject line tactics include:
• “Sale Ends Today”
• “Last Chance”
• “Final Hours”
• “Exclusive Offer — This Week Only”
• “Offer Expires Tonight”

Example email sequence
1
RetailerCo <deals@retailerco.com>
“Sale ends TONIGHT — 40% off everything”
Monday, March 9
2
RetailerCo <deals@retailerco.com>
“Great news — we extended the sale just for you!”
Wednesday, March 11
3
RetailerCo <deals@retailerco.com>
“Last chance — 40% off ends at midnight”
Friday, March 13

What is CEMA?

Many states have enacted statutes like the Washington Commercial Electronic Mail Act (CEMA). These laws govern deceptive commercial email practices in states including California, Maryland, Oregon and Washington.

The statute prohibits subject lines that are false or misleading as to the content or urgency of the message. These laws provide a private right of action.

Each email sent with a misleading subject line may constitute a violation.

Do you have a claim?

You may qualify if any of the following apply to you:

You live in California, Maryland, Oregon or Washington and you received a marketing email with a subject line claiming a sale, offer or discount was expiring. Then the same company later sent another email extending or repeating the same promotion. As a result, the subject line was false, exaggerated or designed to pressure you into acting.

This investigation covers a wide range of industries. Any company that sends promotional emails like retailers, subscription services, software companies, travel and hospitality brands or financial services may be engaged in this conduct. Often, you do not need to have made a purchase to have a claim.

Frequently asked questions

Which states does this investigation cover?
Currently California, Maryland, Oregon and Washington, as these states have enacted versions of CEMA with a private right of action. If you live in another state, you are welcome to submit your information, and we will assess whether any applicable law may cover your situation.
What evidence is needed?
Screenshots must show subject lines, sender information and dates. A pattern typically requires at least two emails demonstrating the initial urgency and subsequent extension.
How many emails do I need to have received?
In most cases, at least two emails from the same company demonstrating the misleading pattern are needed. The first establishing the false urgency and the second showing the same or similar promotion was extended or repeated.
Do I need to have made a purchase to have a claim?
The violation is the sending of a deceptive email, not the consumer’s response to it. You may still have a claim.

Impacted by a CEMA violation? Contact us for a free case evaluation

When you come to us for help as an individual or small business who has been harmed by
corporate misbehavior—whether it’s data privacy violations, misleading marketing or unfair business practices—we will do everything in our power to help you get the compensation you deserve!

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