‘Sale Ends Today’ and the Lawsuit Starts Tomorrow: Looking at the Wave of Email Marketing Class Actions

Partner Gonzalo Mon authored “ ​‘Sale Ends Today’ and the Lawsuit Starts Tomorrow: Looking at the Wave of Email Marketing Class Actions” for Law​.com. The article discusses the recent dramatic increase in lawsuits alleging violations in Washington’s Commercial Electronic Mail Act (CEMA), what caused the uptick in litigation, and trends in the complaints. Gonzalo concludes with actionable steps retailers can take to reduce risk when sending marketing emails.

“In many companies, the in-house legal team may not actively be involved in reviewing emails before they are sent. That may need to change. Legal teams should at least give the marketing teams guidelines on what they can’t and can’t say in subject lines.”

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