Commentary

Get It While It's Hot: Michaels Sued For Alleged False Deadlines In Emails

Michaels, the national art supplies and crafts chain, is the latest corporate victim of the Washington state class-action lawsuit mania. 

An individual named Cameron Crow filed suit against the retailer, alleging that its marketing emails violate the Washington Commercial Electronic Mail Act (CEMA) and the Washington Consumer Protection Act, and is seeking potential class members, Top Class Actions reports. 

The narrative in the suit is all too typical of this kind of action.

Crow signed up for the company’s emails at a store in Yakima County in 2022 and has since been hit with emails, stating things like, “LAST DAY for up to 50% off! This sale ENDS TODAY.”

There seems to be no claim that Crow personally suffered damage, unless receiving these emails was so traumatic as to cause emotional harm. 

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Having opted in, Crow does not claim a privacy violation. But  the mere receipt of the emails apparently constitutes damage, if you buy the arguments. 

Crow’s attorneys conducted a probe and found that Michaels sent emails for a limited-time sale on almost every day between Dec. 8, 2025 and June 8, 2026. It charges that the deadlines are false. 

If a company like Michaels is violating state law, then it is a regulatory matter. This lawsuit amounts to private right of  enforcement.

There is real money in this for litigants and their laywers. Costco settled such a suit for $15 million just to get rid of it.

Other legitimate companies have also been hit with such suits, including Lands’ End, Sketchers and Pods. 

A federal judge ruled earlier this year that a suit against Handsbrands could proceed. The judge waved away arguments that the CEMA law harms interstate commerce and is unconstitutional, Top Class Actions writes. 

The state legislature has since softened CEMA, reducing the statuatory damages from $500 to $100 for each email.  

The case is on file with the Superior Court of the State of Washington for Yakima County.
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