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July 9, 2019

Lawsuit Ties “Booster Rockets” To Advertising Law, Company Says

Eddie Bauer says a lawsuit filed over its email subject lines is an “attempt to strap booster-rockets onto a simple but defective” claim, Legal Newsline reports.

The company faces a lawsuit in King County, Wash. that alleges it falsely advertised sale prices in email subject lines under the state’s Commercial Electronic Mail Act (CEMA) and Consumer Protection Act. Eddie Bauer says that “[n]othing in CEMA’s legislative history suggests that the state legislature perceived advertising messages in email subject lines as a special peril” and says the lawsuit is just an attempt to “strap booster-rockets” to the consumer protection law.

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