MyMedic Class Action Lawsuit, False Urgency Emails & What Washington’s CEMA Law Means for You

A class action lawsuit has been filed against MyMedic — a Utah-based first aid and survival gear company — alleging its marketing emails used false urgency in subject lines to pressure consumers into purchases. The lawsuit falls under Washington State’s Commercial Electronic Mail Act (CEMA), which carries $500 in statutory damages per email sent to Washington residents with a false or misleading subject line. No settlement exists yet. The case is in early litigation.

 STATUS AT A GLANCE

What Is the MyMedic Lawsuit About?

The lawsuit alleges that MyMedic sent promotional emails to Washington State residents with subject lines designed to create a false sense of urgency — phrases like “Sale Ends Tonight,” “Last Chance,” or “Today Only” — when in reality the same sale continued for days or weeks afterward.

The most common pattern in this wave of consumer protection litigation involves what attorneys call “false urgency” marketing. A retailer sends an email with a subject line like “Final Hours — Sale Ends Tonight,” and then continues running the exact same sale for days or weeks afterward. Consumers who rushed to purchase based on that artificial deadline were misled into a transaction they might have made differently — or not at all — with accurate information.

That is the exact pattern MyMedic is accused of. Customers who received these emails and made purchases based on the advertised deadline may be class members.

The Law Behind the Lawsuit: What Is CEMA?

This case hinges entirely on a Washington State law that most people have never heard of — but that has become one of the most powerful consumer protection tools in the country.

Washington courts are seeing a surge in class action lawsuits alleging violation of Washington State’s Commercial Electronic Mail Act (CEMA), RCW 19.190.010 et seq., for sending commercial emails with false or misleading subject lines. These lawsuits primarily target false sense of urgency emails — for example, “Sale Ends Tonight — Save 30%” when the sale continues.

CEMA sets statutory damages of $500 for sending Washington residents commercial emails that violate its regulations. A violation of CEMA’s email regulations is also a per se violation of the Consumer Protection Act. That means no individual consumer needs to prove they were actually harmed — receiving the misleading email is enough to trigger the $500 penalty.

The Supreme Court Decision That Made This Possible

On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The court held that CEMA imposes a $500 statutory penalty on every commercial email sent to Washington residents that contains any false or misleading information in the email’s subject line.

The Brown plaintiffs alleged that Old Navy violated CEMA by sending emails with false or misleading subject lines, causing them to open the messages and purchase items based on a false sense of urgency. For example, Old Navy sent emails with subject lines such as “GAH! This is the last chance to get up to 50% OFF.” But the next day, the plaintiffs received an email stating “We’ve announced UP TO 50% OFF STOREWIDE (starting now).”

MyMedic now faces the same legal theory.

Related article: 2025 Hyundai Tucson Phantom Braking Class Action Lawsuit, What Owners Need to Know

Why the Dollar Exposure Is So High

CEMA provides for statutory penalties of $500 per violation — which plaintiffs contend means per email sent, per recipient. In other words, someone who receives one violative email a week for a year could be entitled to $26,000. Multiply that by, say, 100,000 Washington email recipients, and a company could be facing $2.6 billion in penalties.

For a company the size of MyMedic, the math is still significant. Even a modest email list of 10,000 Washington subscribers receiving 20 promotional emails per year represents $100 million in potential statutory exposure.

Who Else Is Facing the Same Lawsuit?

MyMedic is far from alone. Defendants in this wave of CEMA lawsuits include BYLT, Southwest Airlines, Skechers, V Shred, Vineyard Vines, Discount Tire, and Macy’s, among others.

Since the Brown v. Old Navy ruling, more than 60 lawsuits have been filed against retailers across a broad range of industries. MyMedic is one of a large group of companies now defending claims under the same legal theory.

Is the CAN-SPAM Preemption Defense Dead?

MyMedic’s lawyers will almost certainly argue that federal law — the CAN-SPAM Act — overrides Washington’s CEMA and shields the company from liability. Courts have now largely rejected that argument.

On January 14, 2026, Judge Robart of the Western District of Washington ruled that the federal CAN-SPAM Act does not preempt CEMA and that Washington state law applies to false and misleading email subject lines. This ruling undercuts the preemption defense asserted by numerous corporate defendants seeking dismissal of CEMA lawsuits.

That ruling is a significant blow to defendants like MyMedic who might have hoped to exit the case early.

What Should You Do If You Received MyMedic Emails?

If you are a Washington State resident who subscribed to MyMedic’s email list and received promotional emails with urgency-based subject lines followed by extended or repeated sales, you may be a potential class member.

1. Keep your emails. Do not delete promotional emails from MyMedic. They are potential evidence.
2. Note the dates. If you received a “Sale Ends Tonight” email and then received the same offer days later, document that pattern.
3. Do not file a claim yet. There is no claim form or settlement. Any website claiming otherwise is inaccurate.
4. Contact a consumer protection attorney. Many Washington consumer protection attorneys handle CEMA cases on contingency — no upfront cost. You can find one through the Washington State Bar Association at wsba.org.
5. Monitor this page. If a settlement is reached, it will require a court-authorized claim process. We will update this article when that happens.

Frequently Asked Questions

Q: Is there a MyMedic settlement I can claim right now?

No. As of March 4, 2026, no settlement exists. No claim form, no administrator, and no payment fund have been established.

Q: What does CEMA actually prohibit? 

When a subject line states “Sale Ends Tonight!” but the promotion continues for days or weeks, plaintiffs argue the timing claim was deliberately misleading to create false urgency. CEMA makes that actionable with $500 per email in statutory damages.

Q: Do I need to be harmed to sue under CEMA? 

CEMA does not explicitly require proof of actual injury. The statutory “injury” lies in the receipt of a violative email itself. Even if recipients did not notice an allegedly violative subject line, the mere act of receiving it may entitle them to statutory damages.

Q: Does this only apply to Washington residents? 

Currently yes, under CEMA. California has a comparable law prohibiting deceptive commercial emails, and early lawsuits under that statute signal an oncoming wave of litigation. At least sixteen other states have similar laws. Non-Washington consumers may have options under their own state laws.

Q: What is puffery, and does it protect MyMedic? 

The court clarified that statements constituting “mere puffery” — including hyperbole, opinions, and subjective statements — are not prohibited under CEMA. Vague phrases like “Amazing Deals!” are generally safe. Specific factual claims about when a sale ends are not.

Q: How long until this case resolves? 

CEMA cases are new, and courts are still developing the law. Given the volume of similar cases filed since April 2025, resolutions may take one to three years or more, depending on whether MyMedic settles or litigates to judgment.

Q: What happens if the class wins?

 Each Washington class member who received a qualifying email could receive $500 per violating email. MyMedic could also face treble damages under Washington’s Consumer Protection Act for members who can show actual harm.

This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney. For official court records, visit PACER.gov.

Last Updated: March 4, 2026 | 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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