Misleading Marketing Emails

As a consumer, you are likely getting tens if not hundreds of emails from companies every week, advertising sales, deals, and markdowns that are supposedly for a limited time. Sometimes, however, these sales, deals, and markdowns are continued despite the prior emails saying they are limited. 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 relating to sales or other deals that may be deceptively marketed as being “time limited,” “ending soon,” or ending on a certain date despite being later extended in direct contrast to prior communications. 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.

Companies engaging in this conduct may violate various state laws that regulate the content and subject lines of these commercial emails, like the Washington Commercial Electronic Mail Act (CEMA). Consumers in California, Maryland, Oregon and Washington may be entitled to seek compensation.

Companies know that sales, time-limited deals, and emails that convey a sense of urgency about a product purchase drive more sales and increase consumer purchases. To take advantage of this, companies will send emails with a subject line indicating that a sale or promotion is about to expire. And then, 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”

Many states have enacted statutes like the Washington Commercial Electronic Mail Act (CEMA) to protect consumers from unscrupulous business practices and businesses using false or deceptive subject lines to induce consumer purchases. 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.

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.