Hickory Farms class action lawsuit overview:
- Who: Plaintiff Matthew Wildman filed a class action lawsuit against Hickory Farms LLC.
- Why: Wildman alleges Hickory Farms sent him and other Washington consumers emails with misleading subject lines.
- Where: The Hickory Farms class action lawsuit was filed in Washington state court.
A new class action lawsuit alleges Hickory Farms sent Washington consumers emails with false or misleading subject lines in violation of the state’s Commercial Electronic Mail Act (CEMA).
Plaintiff Matthew Wildman argues Hickory Farms “spams” Washington consumers with commercial emails featuring subject lines that “employ various tactics to create a false sense of urgency in consumers’ minds — and ultimately, from consumers’ wallets.”
Wildman claims Hickory Farms’ emails waste consumers’ time by enticing them to engage with the company’s marketing efforts for fear of missing out.
“Through this deceptive time-sensitivity, Hickory Farms falsely narrows the field — steering consumers away from shopping for better deals — to its own products that must be purchased now,” the Hickory Farms class action lawsuit alleges.
Wildman argues Hickory Farms sent him emails with subject lines that contained false statements of fact as to the “duration or availability of a promotion.”
He claims that on May 3, 2025, Hickory Farms sent an email with the subject line “Hurry, only 3 days left for $5 shipping for Mom,” but sent the same email to consumers’ inboxes again on May 5.
Hickory Farms has means to identify Washington consumers, class action alleges
The class action lawsuit alleges Hickory Farms runs a “sophisticated commercial enterprise” that tracks IP addresses, purchases email addresses from consumer brokers and uses “identity resolution” services, giving it knowledge of when it sends spam emails to Washington residents.
“It is thus highly probable that a seller of [the] defendant’s size and sophistication employs not just one but several means of tying consumers’ email addresses to their physical locations, at least at the state level,” the Hickory class action lawsuit says.
Wildman wants to represent a nationwide class of consumers who received a commercial email sent by, on behalf of, or with the assistance of Hickory Farms that contained messaging in the email subject line that misrepresented the facts of a sale, deal or promotion.
Wildman claims Hickory Farms is guilty of violating the state’s Consumer Protection Act and the Commercial Electronic Mail Act.
He demands a jury trial and requests declaratory and injunctive relief and an award of actual or liquidated damages, trebled, for himself and all class members.
Meanwhile, clothing retailer H&M is also accused of bombarding Washington shoppers with spam emails that falsely claim discounts are about to disappear.
Do you live in Washington and received spam emails from Hickory Farms? Let us know in the comments.
The plaintiff 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 Hickory Farms class action lawsuit is Wildman v. Hickory Farms LLC, Case No. 2:26-cv-02025, in the U.S. District Court for the Western District of Washington.
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