A group of Washington state consumers has filed a class action lawsuit against popular online fashion retailer Fashion Nova, alleging the company violated state anti-spam regulations through deceptive email marketing practices.
The lawsuit, filed in Clark County Superior Court on Friday, centers on claims that Fashion Nova repeatedly sent promotional emails with subject lines designed to create artificial urgency about limited-time sales that were subsequently extended or continued under different names.
Plaintiff Karina Revenko, who has been receiving emails from the retailer since making a purchase in 2024, alleges that Fashion Nova routinely sends messages claiming sales are about to end, only to extend those same promotions immediately after their supposed expiration.
The complaint specifically cites Washington’s Commercial Electronic Mail Act, enacted in 1998, which prohibits sending emails to state residents containing false or misleading information in subject lines. Under this law, consumers do not need to demonstrate actual damages to pursue violations.
Revenko’s 21-page complaint provides several examples of the allegedly deceptive practices. In one instance, she received an email advertising a sitewide sale, followed hours later by another message with the subject line “!! 40% OFF SITEWIDE IS ENDING!!” The following day, however, Fashion Nova sent another email announcing that the same sale had been extended.
The lawsuit also describes a pattern involving Black Friday promotions that were later rebranded as Cyber Monday deals, which themselves continued for several days beyond Cyber Monday. According to the complaint, this practice of continuously extending sales while claiming they are ending creates false urgency designed to pressure consumers into immediate purchases.
The plaintiff references a 2022 Federal Trade Commission report that identified false limited-time messages as a “dark practice” in digital marketing, where companies manipulate users into making decisions they might not otherwise make.
Revenko argues that Fashion Nova knowingly targets Washington residents with these emails, as the company maintains customer email addresses and has access to IP address data that would indicate users’ geographic locations.
The proposed class action seeks to represent all Washington residents who have received promotional emails from Fashion Nova containing allegedly false urgency claims over the past four years. Each violation of the Commercial Electronic Mail Act could result in statutory damages of $500 per violation.
Beyond the anti-spam law violations, the lawsuit also alleges violations of Washington’s Consumer Protection Act, as breaches of the email regulations constitute per se violations of consumer protection statutes.
The legal action highlights growing concerns about digital marketing tactics employed by e-commerce retailers, particularly in the fast-fashion sector where competitive pricing and frequent promotions are central to business models.
Revenko is represented by the law firm Emery Reddy in this matter. The case raises questions about the boundaries of acceptable marketing practices in an era where email campaigns are essential tools for online retailers to drive sales and maintain customer engagement.
As of press time, neither Fashion Nova nor the plaintiff’s representatives have provided additional comments regarding the litigation.
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