Misleading and Deceptive Email Class Actions

Many consumers across the country receive mountains of emails demanding their attention; however, these emails can sometimes use misleading or deceptive tactics to gain consumer attention and influence consumer behavior. Some states have enacted consumer protection laws to protect consumers from these misleading and deceptive emails and hold companies accountable for using these deceptive tactics.

The most common pattern in this wave of consumer protection litigation involves “false urgency” marketing. A retailer sends an email with a subject line like “Final Hours — Sale Ends Tonight,” and then continues running the exact same sale for days or weeks afterward. Consumers who rushed to purchase based on that artificial deadline were misled into a transaction they might have made differently — or not at all — with accurate information. These subject lines implying time-limited deals are alleged to be misleading if the promotions continue beyond the stated period or include hidden exclusions. Messages designed to trick you into opening, clicking, or buying something you otherwise wouldn’t have.

These claims are not just limited to false urgency subject lines related to sales. Any misleading or false subject line may potentially be actionable, including, for example, emails that look like they’re from a trusted brand or even a real person when they’re not or emails that promise a free gift with purchase but fail to mention the cost associated to receive “free” gifts.

These are just a few examples of common misleading and deceptive emails, but any type of misleading or deceptive email may be actionable. If you received a misleading or deceptive email and it influenced your behavior, invaded your privacy, or misrepresented the truth, you may potentially a claim for compensation.

To learn more about your specific claim, contact us for a free and confidential case evaluation.