• by Ray Schultz , Columnist, September 28, 2026

Many big brands, from Costco to Lands’ End. have faced class action suits in the state of Washington about their use of urgency in subject lines. Now it is Club Med’s turn. 

The vacation destination has been sued by one Melissa Erwin for allegedly using deceptive email marketing practices in violation of the state’s Commercial Electronic Mail Act (CEMA),

Erwin claims that the company sent emails to Washington residents, falsely stating that the offers were about to expire, Top Class Actions reports. 

For instance, a 2024 campaign email promised $40% OFF” and said that the offer would end that day. But then the promotion was extended to the following day, the complaint charges. 

And, similar campaigns were run in 2025 and 2026, the filing continues.

It is not clear that Erwin received these emails herself, responded to them or was swindled in any way. So we have to ask the old question: What’s the damage?

The obvious purpose of this suit is to drive a settlement, like the $14 million one agreed to be Costco. But, in effect, it amounts to a private right of action, meaning anyone can sue if they suspect an email subject line is misleading. 

It is the state’s job to pursue this, if anyone’s. But it should know that sales deadlines are a standard part of the marketer’s toolkit. 

Either way, Club Med may settle this court as a cost of doing business. 

But settlements could get pricey if other residents decide to act as private enforcers of CEMA.

The case has been relocated to federal court and is now on file with the U.S. District Court for the Western District of Washington.