The Toppe Firm has filed a class action lawsuit against retail giant Lane Bryant related to their email marketing practices. The class action lawsuit, filed into Maryland state court, alleges that Lane Bryant frequently sends emails with false or misleading information in the subject lines, in violation of Maryland’s spam email law. The lawsuit, filed into the Circuit Court of Maryland for Baltimore City, alleges that Lane Bryant repeatedly represented via email that a sale was in its “FINAL HOURS” or that it would be available “TODAY ONLY.” The lawsuit alleges that these representations were false because, in many instances, Lane Bryant would send an email the next day purporting to extend the sale. The plaintiff alleges that “Lane Bryant always planned the sale to continue” beyond the represented end date, and the advertised extensions were “fake” and used to create a false sense of urgency in order to drive sales.

The plaintiff also alleges that Lane Bryant sends emails with subject lines offering the recipient a “FREE” gifts, when in fact an additional purchase was required in order to obtain the gift.

There are specific consumer protection laws in Maryland 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. The lawsuit seeks $500 in statutory damages per unlawful email, and the plaintiff seeks to represent all residents of Maryland who have received these types of emails from Lane Bryant.

Lane Bryant customers who wish to discuss this class action should contact Jeffrey C. Toppe at jct@toppefirm.com or submit the form on this page.