Overview

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.

According to the Washington Attorney General’s Office, an email subject line could be deceptive if it creates a false sense of urgency. For instance, if an online retailer decides to send an email with the subject line “50% – Today Only!” and knows the deal will last at least two weeks, the message may violate the Washington Commercial Electronic Mail Act.

The following subject lines could also be considered misleading if the company knows the sale being promoted will be extended or will never end:

  • Limited time only
  • Final hours
  • Last day
  • Ending soon
  • Ends tonight
  • Sale extended
  • Discount extended
  • One day left
  • Time is running out
  • Last chance
  • Today only
  • [x] days only
  • This week only

Email subject lines advertising “VIP” or “Early Access” to a deal could also be deceptive if the company intends to open the sale to all customers at the same time.

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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