The Toppe Firm investigating a potential class action lawsuit against Fabletics related to their email marketing practices. Fabletics frequently sends emails with false or misleading information in the subject lines, in violation of state consumer protection laws. For instance, it sends emails indicating that it is a consumer’s “last chance” to obtain 80% off, when in fact, the 80% off deal is perpetual. It also sends emails offering $10 off a customer’s next purchase, when in reality, the customer will only get the promised $10 off if they complete a survey and spend $50. There are specific consumer protection laws in various states that prohibit a business from making these types of allegedly false and misleading statements in email subject lines, as these types of statements have the capacity to deceive consumers. We will seek $500 in statutory damages per false or misleading email.

Additionally, Fabletics charges unlawful and undisclosed “tariff surcharge” fees at checkout. Several states have laws that prohibit a company from charging undisclosed fees at checkout. We think that charging the tariff surcharge violates those states’ laws, and so we are seeking qualified lead plaintiffs to participate in this class action.

Fabletics customers who would like to get involved in this potential class action should contact Jeffrey C. Toppe at jct@toppefirm.com or submit the form on this page.