Shoppers sue Hanes over misleading ‘act now’ email promos as JCPenney, others face similar marketing claims

Hanes class action lawsuit overview:

• Who: Plaintiff Jessica Jackson filed a class action lawsuit against Hanesbrands Inc.
• Why: Jackson claims Hanes sent advertising emails to consumers that created false urgency.
• Where: The Hanes class action lawsuit was removed to Washington federal court.

A new class action lawsuit accuses Hanesbrands of sending spam advertising emails to consumers with false urgency in the subject line. 

The Hanes class action lawsuit was filed in Washington state court on Oct. 2 and later removed to federal court. 

Plaintiff Jessica Jackson claims Hanes’ advertising emails mislead consumers into thinking they need to act quickly to take advantage of deals, even though the offers are often extended or repeated. She accuses the company’s emails of violating the state’s Commercial Electronic Mail Act (CEMA).

“Through this deceptive time-sensitivity, Hanes falsely narrows the field—steering consumers away from shopping for better deals—to its own products and services which must be purchased now,” the Hanes class action lawsuit says.

Since a CEMA ruling against Old Navy, which unsuccessfully argued the law applied only to subject lines intending to conceal an email’s commercial nature, a string of similar lawsuits has followed, Law360 reports.

The Hanes class action lawsuit is the latest in a string of claims challenging retailers’ marketing tactics. JCPenney is under scrutiny for allegedly running a widespread false discount advertising scheme, while Acorns and MoneyLion are facing claims that they sent unlawful marketing text messages without consumers’ consent.

Hanes allegedly pressures consumers to make immediate purchases

Jackson alleges Hanes’ advertising emails often include phrases like “Don’t Wait, FREE Shipping Ends Tmrw!” and “Last Call for FREE Shipping Ends Tonight!”

These subject lines create a false sense of urgency that pressures consumers to make immediate purchases, she claims.

Despite warnings that promotions are ending, Hanes frequently sends follow-up advertising emails with the same or similar offers, Jackson claims. For example, an email stating “Last Chance! Let Free Shipping Ring” was followed the next day by another email with the subject line “EXTENDED! Free Shipping on All Orders,” she says.

Jackson argues this pattern of behavior shows that the urgency in Hanes’ emails is fabricated.

The Hanes class action lawsuit alleges that the company’s emails violate both the CEMA and the state’s Consumer Protection Act. Jackson is looking to represent a class of Washington consumers who received similar advertising emails during the class period.

She is demanding a jury trial and requesting injunctive relief as well as actual or liquidated damages, trebled according to proof.

What do you think of the allegations made in this Hanes class action lawsuit? Tell us in the comments.

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

The Hanes class action lawsuit is Jackson v. Hanesbrands Inc., Case No. 2:25-cv-00440, in the U.S. District Court for the Eastern District of Washington.

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