Cotton On class action lawsuit overview:
- Who: Plaintiffs Hannah Ryu and Ella Boers filed a class action lawsuit against Cotton On USA Inc.
- Why: Ryu and Boers claim Cotton On sends spam emails to Washington consumers.
- Where: The Cotton On class action lawsuit was filed in Washington state court.
A new class action lawsuit alleges Cotton On sends spam emails to Washington consumers with misleading subject lines that create a false sense of urgency.
Plaintiffs Hannah Ryu and Ella Boers filed the class action complaint against Cotton On on Nov. 5, 2025, in Washington state court, alleging violations of the state’s Commercial Electronic Mail Act (CEMA) and Consumer Protection Act.
Ryu and Boers claim Cotton On sends spam emails to Washington consumers, including themselves, with subject lines that create a false sense of urgency, enticing consumers to engage with the retailer’s marketing efforts for fear of missing out.
The plaintiffs argue the emails flood consumers’ inboxes with repeated false notifications that the time to act (i.e., purchase) is short, ultimately steering consumers away from shopping for better deals.
“Through this deceptive time-sensitivity, Cotton On falsely narrows the field — steering consumers away from shopping for better deals — to its own products and services which must be purchased now,” the Cotton On class action lawsuit says.
Cotton On spam emails create false sense of urgency, class action alleges
Ryu and Boers’ class action lawsuit aims to challenge Cotton On’s alleged harassment of Washington consumers with deceptive marketing, seeking injunctive relief against such violations in the future.
The plaintiffs argue that Cotton On’s spam emails violate Washington’s CEMA, which prohibits transmitting commercial emails with false or misleading information in the subject line to the email address of a Washington resident.
Ryu and Boers are demanding a jury trial and requesting declaratory and injunctive relief and an award of actual or liquidated damages, trebled, for themselves and all class members.
Meanwhile, apparel brand Comfrt was recently accused of advertising inflated “regular prices” and offering continuous discounts that create a false sense of urgency.
Are you a Washington consumer who has received spam emails from Cotton On? Let us know in the comments.
The plaintiffs are represented by Samuel J. Strauss of Strauss Borrelli PLLC; Lynn A. Toops, Natalie A. Lyons and Ian R. Bensberg of Cohen & Malad LLP; and J. Gerard Stranch IV, Michael C. Tackeff and Andrew K. Murray of Stranch, Jennings & Garvey PLLC.
The Cotton On class action lawsuit is Ryu, et al. v. Cotton On USA Inc., Case No. 2:25-cv-02459, in the Superior Court of the State of Washington, County of King.
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