Commentary

The Freebie Catch: Class Action Suit Claims Undisclosed Terms

Coty DTC Holdings LLC (otherwise known as Kylie Cosmetics), has been hit with a class action lawsuit for allegedly promising “free gifts” without revealing that a minimum purchase was required. 

Plaintiff Myesha Crooks filed the complaint last October, charging that the company’s email marketing violates Maryland Commercial Electronic Mail Act (MCEMA), according to Top Class Actions. 

Crooks states that the company’s marketing tactics are designed to drive engagement through omission.

The plaintiff charges that emails sent in 2024 and 2025 promised “2 FREE cosmic gifts” or a “FREE lip kit.” However, the consumer was required to spend a specific dollar amount to receive them.

The firm had previously included purchase requirements in subject lines, as in “Free Holiday Ornament with any $40+ purchase,” — but knowingly omitted these details in other campaigns thus clogging inboxes with false information. 

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According to the complaint, Kylie Cosmetics frequently sends emails with subject lines such as “don’t miss your free gift” or “2 FREE gifts”. The lawsuit claims these subject lines falsely imply the gifts are unconditional and provided at no cost.

Under the MCEMA, recipients of such emails may be entitled to statutory damages of $500 per violation. 

The proposed class action lawsuit seeks to represent all Maryland residents who received a marketing email from the defendant promising a “free gift” or “free item” without disclosing conditions in the past three years.

Crooks says she has received hundreds if emails from the brand since 2023, to the point where she can no longer distinguish between truthful information and spam.

 

 

 

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