Pods class action lawsuit overview:
- Who: Colby Hutton and Kelley Rice filed a class action lawsuit against Pods Enterprises LLC.
- Why: Hutton and Rice claim Pods violates Washington state law by sending commercial emails with “false or misleading information” in the subject line.
- Where: The class action lawsuit was filed in Washington superior court.
A new class action alleges Pods Enterprises illegally spammed Washington consumers with commercial emails containing “false or misleading information” in the subject line.
Plaintiffs Colby Hutton and Kelley Rice claim Pods, a moving and storing solutions company, used subject lines meant to create a false sense of urgency in the minds of consumers.
“This false urgency wastes consumers’ time by enticing them to engage with the defendant’s marketing efforts for fear of missing out,” the Pods class action says.
Hutton and Rice want to represent a Washington class of consumers who received a commercial message at any of the email addresses listed in the class action lawsuit and during a class period extending from Sept. 17, 2021, to the date of class certification.
Pods steered consumers away from ‘better deals,’ class action alleges
Hutton and Rice argue Pods’ allegedly unlawful emails steer consumers away from shopping for better deals, due to their “deceptive time-sensitivity.”
The class action lawsuit further argues Pods knew when the emails were sent to Washington residents, including due to, among other things, their alleged ability to use identity resolution services.
“It is thus highly probable that a seller with the size and sophistication of Pods employs not just one but several means of tying consumers’ email addresses to their physical locations, at least on the state level,” the Pods class action says.
Hutton and Rice claim Pods is violating Washington’s Commercial Email Electronics Act and Consumer Protection Act.
The plaintiffs demand a jury trial and request injunctive relief along with an award of actual or liquidated damages for themselves and all class members.
Last month, the Tommy Bahama Group was also hit with claims the company send spam emails that violate Washington state law.
Have you received a commercial email from Pods as a resident of Washington? Let us know in the comments.
The plaintiffs are represented by Samuel J. Strauss and Raina C. Borrelli of Strauss Borrelli, LLP, Lynn A. Toops, Natalie A. Lyons and Ian R. Bensberg of CohenMalad, LLP and Gerard J. Stranch, IV, Michael C. Tackeff and Andrew K. Murray of Stranch, Jennings & Garvey, PLLC.
The Pods class action lawsuit is Hutton, et al. v. Pods Enterprises, LLC, Case No. 2:25-cv-02025, in the Superior Court of the State of Washington for the County of King.
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