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Berger Montague is currently investigating companies that may be violating Washington law by sending emails to Washington consumers with misleading subject lines. In particular, we are investigating companies who may be sending repeated emails advertising sales or other offers that claim to be time limited, when in reality, the offers will be available for a longer period. These kinds of emails can cause consumers to make hasty purchasing decisions in an effort not to miss out on a supposedly time limited deal.
An email subject line could be deceptive if it says a sale is “ending soon” when, in fact, an online retailer knows it will extend the sale. The false sense of urgency created by these email campaigns may violate the Washington Commercial Electronic Mail Act.
The following subject lines could be deceptive if the company knows a sale is going to be extended:
- Sale – Final hours
- Free shipping until noon
- Everything on sale ends today
- Last chance – Sale ends today
- Sale – this week only
- Sale today only
- Last day of sale
- Sale ends tonight
- Sale is extended
- Free shipping is extended
Online retailers promising early access or exclusive sales might also be misleading if, in fact, the online retailer knows that it will open the sale to all customers.
If you’ve received emails advertising limited time sales please fill out the form on this page and help the investigation. The Washington Commercial Electronic Mail Act provides that consumers who receive misleading emails could be owed $500.
Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For more than 50 years, Berger Montague has played lead roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Malvern, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, DE.
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