• by Ray Schultz , Columnist, Yesterday

The attempt to squeeze email senders over subject lines communicating urgency has taken a new turn.

A group of lawyers is trying to drum up what they call a mass arbitration action against Lands’ End. 

The attorneys, who work with ClassAction.org, “suspect” that the company is violating consumer protection laws in Washington, Maryland and Indiana with subject lines that state “Ends Tomorrow!” or “Ends Tonight!”

This would pertain to emails that are sent out after the last-minute sale is completed, saying that the offer is still available, according to ClassAction.org. 

Remember, this is based on a mere suspicion, not on facts.

It is hard to believe that Lands’ End, a venerable brand, would do anything deliberately dishonest.  

What is a mass arbitration? This happens when hundreds or thousands of consumers bring “individual arbitration claims against the same company at the same time and over the same issue,” according to ClassAction.org reports,

It differs from a class action lawsuit which is filed in court. Either way, it could cost a company some money.  

And there are plenty of class-action suits over the use of urgent subject lines.

For instance, Papa John's Pizza, another fine brand, has been sued for allegedly using subject lines designed to drive people to make a purchase.  

“This false urgency wastes consumers’ time by enticing them to engage with Papa John’s marketing for fear of missing out and chokes consumers’ email inboxes with repeated false notifications that the time to act — i.e. purchase — is short,” the complaint states. 

One must be very careful with those types of subject lines, however innocent and productive they are.