FabFitFun class action lawsuit overview:
- Who: Plaintiff Melissa Woytko filed a class action lawsuit against FabFitFun Inc.
- Why: Woytko claims FabFitFun sends consumers marketing emails containing misleading subject lines.
- Where: The FabFitFun class action lawsuit was filed in Washington state court.
A new class action lawsuit alleges FabFitFun, Inc. sends consumers marketing emails containing misleading subject lines offering a “free gift.”
Plaintiff Melissa Woytko argues that FabFitFun sends marketing emails that appear to offer free gifts but actually require a purchase or subscription to obtain the gift. As a result, Woytko claims FabFitFun’s emails violate Washington’s Commercial Electronic Mail Act (CEMA) and Consumer Protection Act (CPA).
“By sending these commercial e-mails that purport to contain ‘free’ offers — provided the recipient first pay for a subscription or product — Defendant violates Washington’s prohibition on sending commercial e-mail messages that ‘contain false or misleading information in the subject line,’” the FabFitFun class action lawsuit says.
FabFitFun is a direct-to-consumer retailer that sells subscriptions to seasonal, curated boxes containing cosmetics, clothing, wellness, and home products.
Lawsuit: FabFitFun sends thousands of spam emails every day
Woytko claims the company sends thousands of commercial e-mails to consumers in Washington state each day, many of which contain deceptive subject lines.
For example, Woytko says she received an email with the subject line “Don’t Wait! Get a FREE 2nd Winter Box Before It’s Gone!” However, the email’s fine print revealed that the offer was only valid for consumers who signed up for an annual membership, she claims.
The emails are designed to create a false sense of urgency, Woytko claims, arguing that she received multiple emails warning her that it was her “last call” to get a free box.
Woytko wants to represent a class of Washington residents who received one or more commercial emails from FabFitFun stating or implying an offer of a “free” membership, gift, product or service that was only recoverable upon the recipient purchasing a subscription and/or product from the company.
The FabFitFun class action lawsuit asserts claims for violations of the CEMA and CPA. Woytko demands a jury trial and requests declaratory and injunctive relief and an award of statutory, actual and/or punitive damages for herself and all class members.
In another alleged gift scheme, customers claim T-Mobile failed to honor a promotion offering $200 gift cards for each new phone line purchased.
What do you think of the claims in this FabFitFun class action lawsuit? Join the discussion in the comments.
Woytko is represented by Wright A. Noel of Carson Noel PLLC and L. Timothy Fisher, Julia K. Venditti and Joshua B. Glatt of Bursor & Fisher P.A.The FabFitFun class action lawsuit is Woytko v. FabFitFun Inc., Case No. 25-2-11519-31, in the Superior Court of the State of Washington in and for the County of Snohomish.
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