H&M class action lawsuit overview:
- Who: Two Washington consumers filed a class action lawsuit against H&M Hennes & Mauritz AB and H&M Fashion USA Inc.
- Why: The plaintiffs claim H&M’s marketing emails falsely claim sale discounts are about to expire.
- Where: The H&M class action lawsuit was removed to Washington federal court.
A new class action lawsuit alleges H&M bombards Washington shoppers with spam emails that falsely claim discounts are about to disappear.
Plaintiffs Alvaro Iniguez and Brooke Langford claim H&M sent them marketing emails warning that limited-time discounts, ranging from 15% to 30% off, were ending within hours, then quietly extended the identical sale or unveiled a bigger discount just a day or two later.
Iniguez and Langford argue this pattern misled them into believing they had to act immediately or miss out on savings that, in reality, remained available or soon improved.
“The subject lines of these emails are false or misleading in violation of the Commercial Electronic Mail Act [CEMA],” the class action lawsuit says.
The plaintiffs want to represent a class of Washington residents who, during the applicable class period, received a commercial email from H&M containing subject-line messaging that misrepresented the facts of a sale, deal or promotion.
The plaintiffs demand a jury trial. The case, originally filed in Spokane County Superior Court in April 2026, was removed to the U.S. District Court for the Eastern District of Washington in June.
H&M spammed Washington consumers more than once a day, class action claims
According to the class action lawsuit, H&M sent marketing emails to Washington consumers at a rate of roughly 557 per year, or more than one per day, between 2022 and 2025.
The complaint describes a repeating pattern. On Nov. 24, 2023, H&M advertised a 30% off Black Friday sale with subject lines warning “Just HOURS left” and “Last chance!” then extended the same discount the next day. A similar sequence played out around Memorial Day 2024, when a “20% off ends tonight!” email was followed days later by a larger “25% off Flash Sale.”
The plaintiffs claim H&M identifies which recipients live in Washington through IP address tracking, purchased location data from consumer data brokers and other identity-resolution services.
The H&M class action lawsuit alleges these spam emails violate Washington’s Commercial Electronic Mail Act and the Consumer Protection Act.
In other alleged CEMA violations, a federal judge ruled that a class action lawsuit against Hanesbrands should proceed after finding that CEMA does not violate the U.S. Constitution.
Have you received a spam email from H&M claiming a discount was about to expire? 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 H&M class action lawsuit is Iniguez, et al. v. H&M Hennes & Mauritz AB, et al., Case No. 2:26-cv-00244-ACE, in the U.S. District Court for the Eastern District of Washington.
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