Old Navy class action alleges retailer sends promotional emails with fake discount expirations

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Old Navy emails class action lawsuit overview: 

• Who: Roxann Brown and Michelle Smith filed a class action lawsuit against Old Navy LLC. 
• Why: Brown and Smith claim Old Navy sent Washington residents emails containing deceptive subject lines pertaining to sales and promotions. 
• Where: The class action lawsuit was filed in King County Superior Court, Washington. 
• What are my options: Try Macy’s for alternatives to Old Navy. 

Old Navy sends emails to consumers in Washington that contain false or misleading information in their subject lines, a new class action lawsuit alleges. 

Plaintiffs Roxann Brown and Michelle Smith claim Old Navy sends emails that “mis-state the duration of given promotions, in an apparent effort to drive sales by creating a false sense of urgency.” 

Brown and Smith argue the Old Navy emails falsely state that a sale or discount is “limited to a specific time,” when, in reality, the deal either lasts longer than advertised or has already been on sale for longer than advertised. 

“Old Navy also uses its preconceived “sale extensions” as an excuse to send consumers additional emails purporting to notify them that a sale is ending or that a sale has been extended,” the Old Navy class action states. 

Brown and Smith want to represent a class of Washington residents who have received an email from Old Navy in the past four years with a subject line stating or implying that a sale or discount would only be available for a limited time. 

The subject lines for the allegedly misleading emails sent by Old Navy contained words such as “today only” or “3 DAYS ONLY,” in order to deceive consumers into thinking the sales were only for a limited time, the Old Navy class action alleges. 

“These emails give consumers a false sense of urgency and spur impulse buys by consumers who do not want to miss the deal,” the Old Navy class action states. 

Brown and Smith claim Old Navy violated Washington’s Commercial Electronic Mail Act and Consumer Protection Act. 

Plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief along with an award of statutory damages for themselves and all class members.

Old Navy agreed to a class action settlement last year that resolved claims the company deceived consumers with allegedly misleading sales advertisements. 

Have you received an email from Old Navy advertising a promotion or sale? Let us know in the comments! 

The plaintiffs are represented by Beth E. Terrell, Jennifer Rust Murray and Blythe H. Chandler of Terrell Marshall Law Group PLLC, and Sophia M. Rios and E. Michelle Drake of Berger Montague PC.

The Old Navy emails class action lawsuit is Brown, et al. v. Old Navy LLC, et al., Case No. 23-2-07103-4, in the Superior Court of the State of Washington, County of King. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Pokemon pajamas recalled over flammability issue
• J.Crew class action alleges retailer falsely advertises factory store clothing as comparable to mainline products
• Carhartt announces recall for men’s work pants due to fall risk
• Varsity Brands settles antitrust class action for $43.5M