Misleading marketing emails: a CEMA class action investigation

Some companies may be using deceptive email subject lines that violate consumer rights.

If you received multiple misleading marketing emails from the same company, you may qualify to take part in a class action lawsuit investigation.

What to know about the misleading marketing emails class action lawsuit

• Core Issue: Some companies may send marketing emails with misleading email subjects that create a false sense of urgency, pressuring shoppers to make purchasing decisions more quickly. Then, the company will extend or repeat the same promotion days later.

• Who it Affects: Maryland and Washington residents who received two or more marketing emails from the same company containing potentially deceptive promotional offers.

• Legal Status: Attorneys are actively investigating claims.

• Harm/Impact: These marketing emails may create a false sense of urgency intended to encourage consumers to make purchases based on misleading promotional deadlines or offers. This may cause consumers to make rushed purchasing decisions or spend money they otherwise would not have spent.

• Take Action: If you received misleading marketing emails with deceptive email subject lines, complete the form on this page to learn whether you may qualify to join a class action lawsuit investigation.

What is the misleading marketing emails class action lawsuit?

Attorneys are investigating whether certain companies violated Maryland and Washington state consumer protection laws by sending marketing emails with misleading email subject lines.

These claims argue that:

• Some companies may use misleading email subject lines designed to create a false sense of urgency and encourage consumers to make rushed purchasing decisions.
• These practices may violate marketing laws, including the Commercial Electronic Mail Act (CEMA) and similar consumer protection laws in Maryland and Washington.

Consumers who received multiple marketing emails promoting supposedly expiring sales or discounts may have rights under these laws and may be able to take legal action.

Case updates

Legal status as of May 2026

• Attorneys are investigating claims involving misleading marketing emails, deceptive email subject lines and potential CEMA violations.
• Several companies, including Kylie Cosmetics, Overstock and Hanes, have previously faced false advertising lawsuits related to allegedly misleading promotional emails and sales offers.

This page was last reviewed and updated in May 2026 to reflect the latest case developments.

What laws protect consumers from deceptive marketing emails? 

Several states, including Maryland and Washington, have laws that prohibit companies from using false or misleading email subject lines in marketing emails.

One of the most well-known is the Commercial Electronic Mail Act (CEMA), which is designed to protect consumers from deceptive promotional emails and misleading advertising tactics.

What subject lines may be part of this lawsuit investigation? 

Companies may use a variety of deceptive email subject lines to encourage shoppers to make quick purchasing decisions. Some examples include: 

• “Sale Ends Today”
• “Last Chance”
• “Exclusive Discount”
• “Final Hours”
• “Limited-Time Only”
• “Offer Expires Tonight”
• “Don’t Miss Out”

Consumers may then receive follow-up marketing emails extending or continuing the same promotion after the original offer was supposedly set to expire. Examples may include:

• “Extended Just for You”
• “Sale Extended” 
• “EXTENDED” 
• “24 More Hours” 
• “Urgent” 

If you received multiple marketing emails using subject lines like these, you may qualify to take part in a class action lawsuit investigation. Complete the form on this page to verify your eligibility.

Fill out the form on this page to see if you qualify for a free case evaluation.