Wayfair’s extended sale emails spark class action lawsuit

Wayfair class action lawsuit overview:

• Who: A Washington resident filed a class action lawsuit against Wayfair Inc.
• Why: The lawsuit alleges Wayfair sent misleading marketing emails that falsely suggested sales and discounts were about to end.
• Where: The Wayfair class action lawsuit was removed to Washington federal court.

Wayfair is facing a class action lawsuit alleging it used deceptive email subject lines to pressure consumers into making purchases by falsely suggesting sales were about to end.

Plaintiff Bree Luark claims the online retailer repeatedly sent marketing emails warning that promotions were ending, only to extend the sales or advertise the same discounts again. The Wayfair class action lawsuit alleges the practice misled Washington consumers about the actual duration of promotional offers.

The lawsuit argues Wayfair’s marketing emails created a misleading impression that consumers needed to act immediately to receive discounts. It also alleges Wayfair advertised products at sale prices despite routinely offering them at those prices, undermining claims that the discounts were temporary.

Luark seeks to represent Washington residents who received Wayfair marketing emails with false or misleading subject lines but did not make a purchase during the class period.

Wayfair knew it was emailing Washington residents, lawsuit claims

According to the class action lawsuit, Wayfair allegedly sent multiple emails advertising a Black Friday sale on Nov. 28, 2025, warning that the sale was ending. The company then sent another email on Nov. 29, stating the sale had been extended, followed by a Dec. 1 email promoting an “EXTENDED” Black Friday sale, the lawsuit claims.

The complaint also cites emails sent around Cyber Monday in December 2025. One email allegedly used the subject line “TODAY ONLY: CYBER MONDAY,” followed later that day by an email stating “CYBER MONDAY ENDS TONIGHT.” The next day, Wayfair allegedly sent another email with the subject line “CYBER MONDAY EXTENDED.”

Luark further alleges Wayfair knew its emails reached Washington residents and had information that could help identify recipients’ locations.

The complaint asserts violations of Washington’s Commercial Electronic Mail Act (CEMA) and Consumer Protection Act (CPA). It seeks class certification, an injunction barring the alleged conduct, damages and attorneys’ fees. 

Under the CPA claim, the class action lawsuit seeks statutory damages of $500 per violation, along with other requested relief.

In another Wayfair class action lawsuit, the company is accused of misleading consumers by applying a 30-day return policy to items advertised as nonreturnable.

Have you received any marketing emails from Wayfair? Let us know in the comments.

The plaintiff is represented by M. Anderson Berry, Brook E. Garberding, Gregory Haroutunian and Brandon P. Jack of Emery Reddy P.C. and Leslie Pescia, Rachel Minder and Alayne Gobeille of Siri & Glimstad LLP.

The Wayfair class action lawsuit is Luark v. Wayfair Inc., Case No. 2:26-cv-02769, in the U.S. District Court for the Western District of Washington.

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