Washington Top Court’s Help Sought in Old Navy Sale-Email Suit

A sale-email deception suit against Old Navy LLC has drawn a request that Washington state’s top court interpret a law that prohibits the transmission of misleading emails.

Roxann Brown and Michelle Smith sued Old Navy, Gap Inc., and affiliated companies. The defendants send Washington consumers emails with information in the subject lines that misstates the duration of given promotions, attempting to drive sales by creating a false sense of urgency, they alleged.

These emails violate the state’s Commercial Electronic Mail Act, giving rise to claims under the state’s consumer protection law, the plaintiffs said.

The CEMA prohibits transmission of an ...