Kohl’s faces lawsuit alleging misleading coupon information in marketing emails

Kohl’s class action lawsuit overview:

• Who: A Kohl’s customer, plaintiff Brittney Mejico, has filed a class action lawsuit against the company.
• Why: The plaintiff alleges Kohl’s sent spam emails to consumers.
• Where: The Kohl’s class action lawsuit was filed in California federal court.

A new Kohl’s class action lawsuit claims the retailer sent spam emails to consumers.

Plaintiff Brittney Mejico filed the class action complaint against Kohl’s Inc. on Oct. 28 in California state court, alleging violations of California privacy laws. The company removed the case to California federal court on Nov. 26.

According to the class action lawsuit, Kohl’s promoted its products through spam emails that contained misleading coupon information.

The complaint alleges that Kohl’s violated California’s anti-spam statute by sending emails with misleading subject lines that promoted discounts at Kohl’s stores.

Mejico seeks to represent a class of California residents who received such emails at a California email address. She estimates that there are at least 1,000 members of the proposed class.

Kohl’s spam emails allegedly violated California anti-spam statute

The complaint alleges that Kohl’s spam emails violated California’s anti-spam statute, which prohibits the use of misleading or deceptive subject lines in commercial emails.

The statute allows recipients of such emails to recover liquidated damages of $1,000 per email, up to a maximum of $1 million per class member.

Mejico claims that she and other class members are entitled to damages for each spam email they received.

The complaint alleges that the class definition includes any commercial email with a misleading subject line promoting any discount at Kohl’s, regardless of whether the email was sent by Kohl’s itself or by a third party.

Kohl’s denies the allegations in the complaint and argues that the case meets the requirements for removal to federal court under the Class Action Fairness Act.

The company contends that the amount in controversy exceeds $5 million, based on the potential damages for the alleged spam emails and the possibility that some class members received multiple emails.

Earlier this year, Kohl’s faced a class action lawsuit claiming it violated state and federal laws by bombarding a customer with invasive robocalls about his overdue account.

What do you think of the allegations made in this Kohl’s spam emails class action lawsuit? Let us know in the comments.

The plaintiff is represented by Rebecca B. Durrant of Kelley Drye & Warren LLP.

The Kohl’s spam emails class action lawsuit is Mejico v. Kohl’s Inc., Case No. 3:25-cv-03315-BAS-MMP, in the U.S. District Court for the Southern District of California.

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