Fabletics Class Action Lawsuit About Commercial Emails, What Washington Residents Must Know About Unlawful Sales Emails

A class action lawsuit filed in December 2025 alleges Fabletics sent commercial emails to Washington residents with false or misleading subject lines, violating Washington’s Commercial Electronic Mail Act. Plaintiff Karl Mundt claims the activewear retailer sent emails misrepresenting sale durations and falsely advertising “sitewide” promotions that didn’t apply to all products, seeking $500 statutory damages per violation for affected Washington consumers.

This affects you if you’re a Washington resident who received Fabletics marketing emails between 2021 and 2025 claiming “limited time” sales that later continued, promotions ending “tonight” that reappeared days later, or “sitewide” discounts that excluded certain products.

What the Fabletics Class Action Alleges

The Core Claims Against Fabletics

The lawsuit, filed as Mundt v. Fabletics Inc., Case No. 2:25-cv-11572 in the U.S. District Court for the Central District of California, accuses the athletic apparel company of systematically sending deceptive promotional emails to Washington state consumers. The complaint specifically targets Fabletics’ email marketing practices during the past four years.

Plaintiff Karl Mundt alleges he and other Washington residents received commercial emails containing subject lines that created false urgency or mischaracterized promotional offers. The lawsuit identifies several categories of allegedly unlawful emails.

What Made the Emails Unlawful

According to the complaint, Fabletics sent emails with subject lines that misrepresented how long sales would last. For example, emails might announce a sale ending “today” or “tonight,” but the same promotion continued for days or weeks afterward. The company allegedly sent multiple emails advertising identical “limited-time” offers over extended periods.

The lawsuit also claims Fabletics sent emails stating promotions applied “sitewide” when significant exclusions existed. Consumers who clicked through discovered the advertised discounts didn’t apply to many product categories, contradicting the subject line’s promise.

These practices allegedly violated Washington’s Commercial Electronic Mail Act, which prohibits sending commercial emails to Washington residents that contain false or misleading information in the subject line—regardless of what the email body explains.

Who Filed the Lawsuit and Current Status

Karl Mundt, a Washington resident, filed the class action complaint in December 2025. He’s represented by attorneys Kevin J. Cole and W. Blair Castle of KJC Law Group APC.

As of January 2026, the lawsuit remains in its earliest stages. The court has not yet certified the class or ruled on any motions. Fabletics has not publicly responded to the allegations.

Understanding Washington’s Email Marketing Law

What Is the Commercial Electronic Mail Act?

Washington’s Commercial Electronic Mail Act, codified at RCW 19.190.020, creates one of the strictest email marketing regulations in the United States. Enacted in 1998 and strengthened over the years, CEMA prohibits sending commercial emails to Washington residents if the subject line contains false or misleading information.

The law defines commercial email as any message “sent for the purpose of promoting real property, goods, or services for sale or lease.” This broad definition covers virtually all marketing emails retailers send.

Why Washington’s Law Is Stricter Than Federal Rules

The federal CAN-SPAM Act regulates commercial email nationwide but focuses primarily on preventing spam—unsolicited emails that disguise their commercial nature. Federal courts have interpreted CAN-SPAM to prohibit only subject lines that mislead consumers about whether the email is an advertisement.

Washington’s law goes much further. In April 2025, the Washington Supreme Court ruled in Brown v. Old Navy that CEMA prohibits any false or misleading information in subject lines, not just information about the email’s commercial nature. This means subject lines like “Sale ends tonight” become violations if the sale actually continues longer—even if the email body clearly shows it’s a promotional message.

The $500-Per-Email Penalty

Violations of CEMA trigger automatic penalties of $500 per unlawful email, or actual damages if greater. Critically, Washington consumers don’t need to prove they suffered any financial harm or even opened the email. Simply receiving a commercial email with a false or misleading subject line creates liability.

Each violation also constitutes a per se violation of Washington’s Consumer Protection Act, meaning plaintiffs don’t need to prove the company engaged in unfair or deceptive practices—the CEMA violation alone establishes the Consumer Protection Act claim.

Who Qualifies and What You Could Get

Determining If You’re a Class Member

The Fabletics lawsuit seeks to represent Washington residents who received emails from the company containing subject lines that either misrepresented sale duration, disguised the email’s true commercial purpose, or falsely claimed promotions applied “sitewide” when they didn’t.

You likely qualify as a potential class member if you live in Washington state and received Fabletics promotional emails in the past four years (the typical statute of limitations period). You don’t need to have purchased anything from Fabletics or even opened the emails—receiving them in your inbox is enough.

Realistic Compensation Expectations

If the lawsuit succeeds, class members could theoretically receive $500 for each unlawful email they received. However, practical considerations significantly affect actual payouts.

First, the case must survive Fabletics’ expected motion to dismiss, achieve class certification, and either settle or win at trial. Second, even if plaintiffs prevail, courts have discretion to reduce per-email penalties that would create “excessive” damages. Third, settlement negotiations typically result in payments far below the maximum statutory amount.

Based on similar Washington email marketing settlements in 2025, individual class members who received dozens of allegedly unlawful emails might realistically expect payments ranging from $50 to $300, depending on how many emails they received and how many class members file claims. Those who can document receiving hundreds of emails over multiple years could receive higher amounts.

How Class Actions Work for Email Cases

Unlike some class actions requiring claim forms, email marketing cases often allow “fluid recovery” where settlement funds get distributed to class members who can be identified from the company’s email lists. However, you’ll still need to respond to class notices and potentially verify you received the emails.

How This Compares to Similar Retail Lawsuits

The Wave of Washington Email Litigation

Since the Washington Supreme Court’s April 2025 ruling in Brown v. Old Navy, more than thirty class action lawsuits have targeted retailers for allegedly misleading email subject lines. Major companies including Macy’s, Discount Tire, L’Oreal, Skechers, Nike, and Ulta Beauty face similar claims about creating false urgency through “ends tonight” language or misleading discount representations.

This litigation wave demonstrates how Washington’s strict interpretation of CEMA has created enormous potential liability for any company sending promotional emails to state residents. Legal experts estimate the combined exposure from these cases could reach billions of dollars if courts apply the full $500-per-email statutory penalty.

What Other Cases Reveal About Fabletics’ Situation

The Macy’s and Discount Tire lawsuits filed in September 2025 allege nearly identical conduct to what Mundt claims about Fabletics—subject lines announcing sales “ending tonight” when similar or identical promotions continued days later. Courts have not yet ruled on the merits of these cases.

Defendants in similar lawsuits have raised several defenses. Some argue that Washington’s law is preempted by the federal CAN-SPAM Act, though this faces significant legal obstacles given CAN-SPAM’s explicit exception allowing state laws targeting “falsity or deception.” Others contend their subject lines constitute protected “puffery”—subjective marketing statements rather than factual misrepresentations.

Industry Impact and Company Responses

These lawsuits have forced major retailers to completely overhaul their email marketing practices. Many companies have eliminated time-sensitive language from subject lines, stopped using “ends tonight” or “last chance” phrasing unless literally true, and implemented stricter approval processes for promotional emails sent to Washington addresses.

Your Rights Under Washington Email Laws

What the Law Protects

Washington’s Commercial Electronic Mail Act creates several consumer protections. Companies sending marketing emails to Washington residents must ensure every factual claim in the subject line is accurate and not misleading. This includes representations about sale duration, discount scope, product availability, and pricing.

The law treats the subject line in isolation. Even if the email body contains accurate information or disclaimers, a misleading subject line violates the statute. This reflects the legislature’s recognition that many consumers make decisions based solely on subject lines without opening messages.

Your Opt-Out Rights

Beyond CEMA, federal CAN-SPAM Act regulations require companies to honor opt-out requests within 10 business days. Washington consumers have the same federal opt-out protections as consumers nationwide.

However, the Fabletics lawsuit doesn’t focus on unwanted emails per se—it challenges the content of subject lines, regardless of whether recipients consented to receiving marketing messages. Even consumers who signed up for Fabletics emails can be class members if they received messages with allegedly false or misleading subject lines.

How Washington’s Law Differs From Federal Protections

The federal CAN-SPAM Act prohibits deceptive header information, misleading subject lines about an email’s commercial nature, and requires functioning opt-out mechanisms. But it doesn’t prohibit subject lines that are misleading about other matters like sale duration or product availability—areas where Washington’s law provides significantly broader protection.

Common Mistakes That Hurt Your Claim

Deleting Important Evidence

If you believe you received emails from Fabletics with misleading subject lines, don’t delete them. Preserving these messages creates documentation that could strengthen your position as a class member and help establish the pattern of allegedly unlawful conduct.

Save the complete emails, including headers showing when you received them. Screenshot subject lines as they appeared in your inbox. If you opted out of Fabletics emails, keep records of when you unsubscribed and whether the company honored your request.

Confusing Email Opt-Out With Class Opt-Out

Opting out of receiving Fabletics marketing emails is completely different from opting out of the class action lawsuit. Unsubscribing from emails simply stops future messages—it doesn’t affect your status as a potential class member for emails you already received.

If the court certifies the class and you receive official notice, you’ll have the option to opt out of the lawsuit. That’s a separate decision about whether you want to be bound by the class action result or preserve your right to sue individually.

Missing Deadlines After Settlement

If the Fabletics case settles, class members typically have 60-90 days to file claim forms or exclusion requests. Missing these deadlines means forfeiting any payment and giving up rights to sue independently. Set reminders and don’t wait until the last minute to submit required forms.

What Happens Next in the Lawsuit

Typical Class Action Timeline

Class action lawsuits typically follow a multi-year process. First, Fabletics will likely file a motion to dismiss, arguing the claims lack legal merit. If the judge denies that motion, the case proceeds to discovery where both sides exchange documents and evidence.

Next comes class certification, where the court decides whether the case can proceed as a class action representing all affected Washington consumers. If certified, the parties often enter settlement negotiations. Cases that don’t settle proceed to trial.

From filing to final resolution typically takes 2-4 years, though email marketing cases sometimes settle earlier given the clear statutory damages and strong precedent from the Brown v. Old Navy decision.

Signs of Settlement vs. Trial

Several factors suggest whether cases like this settle or proceed to trial. The April 2025 Washington Supreme Court ruling strongly favors plaintiffs by establishing that any false or misleading information in subject lines violates CEMA. This creates significant settlement pressure on defendants.

However, Fabletics and other defendants have raised CAN-SPAM preemption arguments, claiming federal law should override Washington’s statute. Courts must resolve this legal question, which could reach federal appeals courts and significantly impact whether cases settle.

How You’ll Receive Updates

If the court certifies the class, you’ll receive official notice by email or mail if you’re an identified class member. This notice will explain your rights, including deadlines for filing claims, opting out, or objecting to settlement terms.

You can also monitor case developments by checking the federal court docket through PACER (Public Access to Court Electronic Records) or visiting class action settlement websites that track major consumer cases.

If You Received Fabletics Emails in Washington

Document What You Received

Review your email inbox and spam folders for messages from Fabletics. Look specifically for subject lines containing time-sensitive language like “ends tonight,” “last chance,” “today only,” or claims about “sitewide” sales.

Note the dates you received these emails and whether you observed similar promotions continuing after the stated end dates. Take screenshots showing the subject lines exactly as they appeared in your inbox.

Save All Emails As Evidence

Don’t delete any Fabletics promotional emails, even if you consider them spam. These messages constitute evidence of the alleged CEMA violations and could be essential if the case proceeds to class certification or settlement.

Forward important emails to a separate folder or account for safekeeping. If you’ve already deleted relevant messages, check your email provider’s trash or deleted items folders—many services retain deleted emails for 30-90 days.

Watch for Official Class Notices

If you’re a Washington resident on Fabletics’ email list, you may receive official notice if the court certifies the class action. This notice will come from the court-approved settlement administrator, not from plaintiffs’ attorneys or third parties.

Be cautious of scam emails claiming you’re owed money from class action settlements. Verify any notices by checking official court documents or contacting the settlement administrator directly using contact information from court filings, not from unsolicited emails.

How to Join or Monitor the Class Action

Automatic Inclusion for Most Class Members

In most email marketing class actions, if you meet the class definition you’re automatically included unless you choose to opt out. You don’t need to “join” or register to be part of the case.

However, if the case settles, you’ll typically need to file a claim form to receive payment. Watch for official settlement notices explaining exactly what you must do to receive compensation.

Finding Case Updates and Documents

You can monitor the Fabletics lawsuit by searching the federal court docket. The case is Mundt v. Fabletics Inc., Case No. 2:25-cv-11572, in the U.S. District Court for the Central District of California.

Several websites track class action lawsuits and settlements, including ClassAction.org and TopClassActions.com. These sites publish updates when significant developments occur in major consumer cases.

Understanding Your Options

Once the court certifies a class (if it does), you’ll have several options. You can stay in the class and be bound by whatever settlement or judgment results. You can opt out and preserve your right to sue Fabletics independently. Or you can remain in the class but object to proposed settlement terms you believe are unfair.

Most class members stay in the class because individual lawsuits are expensive and time-consuming. However, if you received hundreds of allegedly unlawful emails and can document significant harm, individual litigation might recover more than class participation.

Protecting Yourself From Unwanted Emails

How to Properly Opt Out

Every commercial email must include a functioning unsubscribe mechanism. For Fabletics, look for “unsubscribe” links typically found at the bottom of marketing emails.

Click the unsubscribe link and follow the prompts to opt out. Companies must honor opt-out requests within 10 business days under federal law. If Fabletics continues sending marketing emails after that period, document these violations—they could constitute separate legal claims under CAN-SPAM.

Your Legal Rights When Companies Ignore Opt-Outs

If companies continue sending commercial emails after you’ve opted out, you can report violations to the Federal Trade Commission through ReportFraud.ftc.gov. You can also file a complaint with the Washington Attorney General’s Consumer Protection Division.

Persistent violations of opt-out requirements could support additional legal claims beyond the subject line allegations in the current Fabletics lawsuit.

Using Filters and Reporting Tools

Most email providers offer filtering tools that can automatically sort promotional emails into separate folders or mark them as spam. Gmail, Outlook, and other major providers include reporting buttons that help identify unwanted commercial emails.

When you mark emails as spam, you help train filtering algorithms to protect other users. However, this doesn’t constitute a legal opt-out request—you must use the company’s designated unsubscribe mechanism to formally opt out under CAN-SPAM.

Frequently Asked Questions

What is the Fabletics email class action about?

The lawsuit alleges Fabletics violated Washington’s Commercial Electronic Mail Act by sending promotional emails with false or misleading subject lines. Specifically, the complaint claims emails misrepresented how long sales would last or falsely stated promotions applied “sitewide” when significant exclusions existed.

Am I part of the Fabletics Washington lawsuit?

You’re likely a potential class member if you’re a Washington state resident who received Fabletics marketing emails in the past four years that contained subject lines about limited-time sales, urgent offers, or sitewide promotions. You don’t need to have made any purchases or suffered financial harm.

How much money can I get from the Fabletics class action?

Washington law allows $500 statutory damages per unlawful email. However, realistic settlements in similar cases have resulted in individual payments ranging from $50 to $300 depending on how many emails you received and how many class members file claims. Final amounts won’t be known until the case settles or reaches judgment.

What is Washington’s Commercial Electronic Mail Act?

CEMA is Washington state law prohibiting commercial emails to state residents that contain false or misleading subject lines. It’s stricter than federal CAN-SPAM Act because it prohibits any misleading information in subject lines, not just information about the email’s commercial nature, and imposes $500 penalties per violation without requiring proof of actual harm.

Do I need to do anything to join the Fabletics lawsuit?

Currently, no action is required. The case was just filed in December 2025. If the court certifies the class, eligible Washington residents will automatically be included unless they choose to opt out. If the case settles, you’ll receive notice with instructions for filing a claim form to receive payment.

Has Fabletics settled the email lawsuit?

No. As of January 2026, the lawsuit remains in its earliest stages. The court has not ruled on class certification or any motions. Settlement negotiations typically occur later in the litigation process, often after class certification.

What emails from Fabletics are considered unlawful?

The lawsuit targets emails with subject lines that misrepresent sale duration (like “ends tonight” when the sale continues longer), create false urgency through “limited time” language for promotions that aren’t actually time-limited, or claim offers apply “sitewide” when significant product exclusions exist.

Last Updated: January 13, 2026 — We keep this current with the latest legal developments.

💡 Pro Tip: Create a dedicated email folder for all Fabletics promotional messages you receive. If this case proceeds to settlement, having organized records of exactly which emails you received and when could streamline the claims process and potentially increase your recovery based on the number of documented violations.

Disclaimer: This article provides information about the Fabletics class action lawsuit based on court filings and Washington state law. It is not legal advice. The outcome of <a href=”https://allaboutlawyer.com/gmail-class-action-lawsuit-425m-verdict-under-appeal-in-rodriguez-v-google-llc-plus-separate-gemini-ai-privacy-case/”>class action lawsuits</a> varies, and AllAboutLawyer.com does not provide legal services or represent the class. If you have specific questions about your eligibility for the Fabletics email lawsuit or need guidance about your consumer rights under Washington law, consult a qualified <a href=”https://allaboutlawyer.com/which-government-bodies-make-consumer-protection-laws/”>consumer protection</a> attorney.

Stay Informed: Visit the Washington Attorney General’s Consumer Protection Division to learn more about your rights under Washington consumer laws, or track class action settlements at ClassAction.org for updates on the Fabletics case and similar litigation.

Stay informed, stay protected. — AllAboutLawyer.com

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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