DXL class action lawsuit claims retailer sends spam emails with false, misleading info

DXL class action lawsuit overview:

• Who: Three consumers filed a class action lawsuit against Destination XL Group Inc., doing business as DXL Big + Tall.
• Why: The plaintiffs allege DXL sent them spam emails containing false or misleading information.
• Where: The DXL class action lawsuit was filed in Washington state court.

A new class action lawsuit claims DXL Big + Tall sent spam emails containing false or misleading information to consumers in Washington state.

Plaintiffs July Dodson, Tenadore Fowler and Ryan Tamm filed the DXL class action complaint against Destination XL Group on Feb. 12 in Washington state court, alleging violations of state consumer laws.

According to the lawsuit, DXL sent spam emails to Washington residents with subject lines that falsely created a sense of urgency, leading consumers to believe they needed to act quickly to take advantage of sales or promotions.

The plaintiffs allege that DXL’s emails violated the state’s Commercial Electronic Mail Act (CEMA), which prohibits sending commercial emails with false or misleading information in the subject line.

“DXL spams Washington consumers, including plaintiffs, with commercial emails whose subject lines employ various tactics to create a false sense of urgency in consumers’ minds — and ultimately, from consumers’ wallets,” the DXL class action lawsuit says.

The complaint alleges that DXL’s emails wasted consumers’ time and flooded their inboxes with repeated false notifications that the time to act was short, steering consumers away from shopping for better deals to DXL’s products that must be purchased immediately.

DXL spam emails falsely claim sales are ending soon, plaintiffs say

The plaintiffs claim DXL’s actions violated both CEMA and the Consumer Protection Act (CPA) and are seeking damages for injuries caused and injunctive relief against such violations in the future.

The lawsuit provides multiple examples of DXL’s alleged deceptive marketing tactics, including emails with subject lines such as “Extra 30% OFF Select Clearance ENDS TONIGHT!” and “FINAL HOURS for BOGO FREE Deals!” that were followed by emails extending the promotions.

The plaintiffs argue that these false scarcity claims manipulated consumers’ decision-making and prevented them from making informed purchasing decisions.

The plaintiffs seek to represent all Washington residents who received the specified emails during the class period.

They are suing for violations of the CEMA and CPA and seeking certification of the DXL class action lawsuit, damages, fees, costs and a jury trial.

In other recent CEMA violations, clothing retailer Nordstrom is accused of falsely advertising discounts in emails sent to consumers for its Nordstrom Rack brand.

What do you think of the allegations made in this DXL class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Samuel J. Strauss and Raina C. Borrelli of Strauss Borrelli PLLC; Lynn A. Toops, Natalie A. Lyons and Ian R. Bensberg of Cohen & Malad LLP; and Gerard J. Stranch IV, Michael C. Tackeff and Andrew K. Murray of Stranch Jennings & Garvey PLLC.

The DXL class action lawsuit is Dodson, et al. v. Destination XL Group Inc., Case No. 2:26-cv-00866, in the Superior Court of the State of Washington for the County of King.

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