Express class action lawsuit overview:
- Who: Plaintiff Jennifer Carter filed a class action lawsuit against Phoenix Retail LLC, doing business as Express.
- Why: Carter claims Express sends Washington consumers marketing emails with subject lines that falsely say sales are about to end.
- Where: The Express class action lawsuit was removed to Washington federal court.
A new class action lawsuit alleges Express sends Washington consumers marketing emails with subject lines that misrepresent how long its sales will last.
Plaintiff Jennifer Carter claims the clothing retailer labels promotions as “today only” or in their “final hours,” then extends the same deals after the advertised deadline passes.
Carter argues the warnings pressure shoppers to buy immediately instead of looking for better deals elsewhere. “This false urgency wastes consumers’ time by enticing them to engage with the defendant’s marketing efforts for fear of missing out,” the Express class action lawsuit says.
The case relies on Washington’s Commercial Electronic Mail Act (CEMA), a 1998 state anti-spam law. It bars sending commercial emails with false or misleading subject lines to Washington residents. The law applies even if a consumer signed up for the emails or did not rely on the subject line, Carter notes.
Carter, a King County resident, claims she received many of the deceptive emails. Her spam email lawsuit argues Express has several ways of knowing which recipients live in Washington, including purchase records, IP address tracking and commercial data brokers.
Carter seeks to represent a class of Washington residents who received a commercial email from Express with a subject line that allegedly misrepresented the facts of a sale, deal or promotion during the four years before the complaint was filed.
Spam email lawsuit claims ‘final hours’ sales became ‘bonus day’ deals
Carter points to a series of emails that follow the same pattern. On Jan. 25, 2026, Express allegedly sent the subject line “You’ve got ONE day! 40-70% off all sweaters.” Two more emails followed that day, including one announcing the sale’s “Final hours.” The next day, Express offered the same discount for a “bonus day!”
The spam email lawsuit claims the pattern repeated all year. A Feb. 15 “TODAY ONLY!” markdown sale returned the next day as a “Surprise!” bonus day. An April 5 sale advertised as “TODAY ONLY” returned on April 6 as “40% OFF EVERYTHING EXTENDED!” The complaint lists six more cycles between May and August.
Carter claims Express violated Washington’s CEMA and Consumer Protection Act. She is seeking a jury trial. She also requests injunctive relief, tripled actual or liquidated damages, and attorneys’ fees and costs for herself and all class members.
Meanwhile, two consumers are suing clothing brand H&M for allegedly bombarding Washington shoppers with spam emails that falsely claim discounts are about to disappear.
Have you received an Express email promising “final hours” for a sale? Let us know in the comments.
The plaintiff is represented by Samuel J. Strauss and Raina C. Borrelli of Strauss Borrelli PLLC and Joshua R. Jacobson of Jacobson Phillips PLLC.
The Express class action lawsuit is Carter v. Phoenix Retail LLC d/b/a Express, Case No. 2:26-cv-03543, in the U.S. District Court for the Western District of Washington.
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