How Do Email Marketing Laws Protect You? 

Most email users have received spam emails, and for many of us, it’s a regular part of using our email service at work and at home. Spam emails are not always illegal, but in most cases, it can be a serious nuisance.

Fortunately, there are email marketing laws at both the federal and the state level meant to protect you from email spam, including the federal CAN-SPAM Act, as well as individual state laws, though not every state has these laws in place.

What Are Email Marketing Laws?

Email marketing laws began coming into play decades ago, seeking to protect consumers from spam emails—specifically, spam emails with false or misleading information.

For instance, Washington State’s anti-spam law protects against unsolicited commercial emails that were either sent to a Washington-based email address or sent from a computer located in Washington. Not all unsolicited commercial emails are considered illegal under Washington laws; some are just annoying.

These spam emails are considered illegal if they contain at least one of the following:

• False information identifying the point of origin of the message or that hides the true origin of the sender (also referred to as a “False Header”)
• False or misleading information in the subject line
• A third party’s email address (domain name), used without permission

The key here is to check the subject line and compare it with the actual content of the email. If the subject line does not match with the email’s content, it may be considered deceptive under Washington law—regardless of intent to deceive. Some things to ask yourself about the content of the email include:

• Does the subject line accurately describe the contents of the email?
• Is the subject line a “come-on,” meant to catch your eye and entice you to read?
• Does the subject line create a sense of urgency that proves unnecessary compared to the actual body of the email?
• Does the subject line misrepresent the email sender’s identity?

It should be noted that this law only applies to the sender if they know, or have reason to know, that the email is being sent to a Washington email address. The sender has a responsibility to check whether the domain name is located in Washington. This is contingent not on whether or not the sender discovers if the email is based in Washington, but rather if the information is available.

What to Do if You Receive a False Unsolicited Email

If you receive an unsolicited email with this kind of false or misleading information, you may be able to file a complaint under your state’s laws. You may also be able to pursue litigation, especially since spam emails like these are often sent en masse, and many more consumers like you may have been affected.

Note that a deceptive email does not need to have been shown to cause monetary harm to consumers in order for it to be considered a violation of email marketing law, and for a consumer to subsequently be awarded statutory damages.

Eddie Bauer Outlet Store: Email Marketing Laws in Practice

In 2019, clothing store chain Eddie Bauer was hit with a class action lawsuit alleging that the company sent deceptive marketing emails advertising false discounts, akin to a fake sale.

According to the lawsuit, Eddie Bauer falsely inflated its list prices and then sent marketing emails advertising 40 to 60 percent off of products for which it almost never charges full price, perpetuating a false discounting advertising scheme. Essentially, the lawsuit alleged, these deceptive tactics were intended to trick customers into believing a product is worth much more than it actually is, which provides profit to the company while denying the actual promised discounts to customers.

Eddie Bauer stores are located all across the country, but its headquarters are located in Washington state, subjecting it to Washington email marketing laws.

How to Utilize Email Marketing Laws

If you have been affected by false or misleading unsolicited email spam from Eddie Bauer, you may be able to file or join a class action lawsuit and pursue compensation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free Eddie Bauer Class Action Lawsuit Investigation

If you made a purchase from an Eddie Bauer retail store or an Eddie Bauer Outlet store, or if you received a marketing email from Eddie Bauer, you may qualify to join this FREE Eddie Bauer deceptive marketing class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.