Caden Lane class action lawsuit overview:
- Who: Plaintiff Divya Gautam filed a class action lawsuit against Katy Elaine Inc., doing business as Caden Lane.
- Why: Gautam claimed Caden Lane sends marketing emails with subject lines that falsely state when sales will end.
- Where: The Caden Lane class action lawsuit was removed to Washington federal court.
A new class action lawsuit alleges children’s clothing retailer Caden Lane sends Washington consumers marketing emails with subject lines that create false urgency about its sales.
Plaintiff Divya Gautam claims Caden Lane advertises promotions as ending on a set date, then extends them once the advertised deadline has passed.
Gautam claims the emails violate Washington’s Commercial Electronic Mail Act, known as CEMA. The 1998 law prohibits sending a Washington resident a commercial email with false or misleading information in the subject line, according to the class action lawsuit.
“This false urgency wastes consumers’ time by enticing them to engage with the defendant’s marketing efforts for fear of missing out,” the Caden Lane class action lawsuit says. Gautam also claims the tactic steers consumers away from shopping for better deals.
Gautam wants to represent a class of all Washington residents who received a commercial email sent by Caden Lane, on its behalf or with its assistance, with a subject line that misrepresented the facts of a sale, deal or promotion within a four-year stipulated period.
‘Last day’ subject lines came before extended sales, lawsuit claims
Gautam claims she received an email on Sept. 3, 2023, with the subject line “Last Day to SAVE!!!” before a message the next day said four hours remained on the same 20% discount.
The class action lawsuit describes similar extensions through March 2026, including during Memorial Day, Labor Day and birthday sales. Gautam alleges Caden Lane sent an average of more than 500 marketing emails a year in 2024 and 2025.
The lawsuit asserts claims under Washington’s CEMA and Consumer Protection Act. Gautam demands a jury trial and requests class certification, a permanent injunction, trebled damages and attorneys’ fees.
Meanwhile, specialty arts and crafts retailer Michaels is also facing allegations it sent marketing emails with false and misleading subject lines in violation of Washington’s CEMA.
Have you received a Caden Lane email claiming a sale was about to end? Let us know in the comments.
Gautam is represented by Samuel J. Strauss and Raina C. Borrelli of Strauss Borrelli PLLC; Lynn A. Toops, Natalie A. Lyons and Ian R. Bensberg of CohenMalad LLP; and Gerard J. Stranch IV, Michael C. Tackeff and Andrew K. Murray of Stranch, Jennings & Garvey PLLC.
The Caden Lane class action lawsuit is Gautam v. Katy Elaine Inc. d/b/a Caden Lane, Case No. 2:26-cv-03155-BJR, in the U.S. District Court for the Western District of Washington.
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