NOTICE: If you received marketing e-mails from Tommy John, contact Emery | Reddy, PC for a Free Case Review.
Tommy John, a brand of men’s and women’s underwear and apparel, may be facing scrutiny for potential violations of Washington State’s Commercial Electronic Mail Act (CEMA). This law, codified under RCW 19.190, protects consumers from deceptive digital marketing practices, including misleading emails and text messages. If you’ve received promotional messages from Tommy John that seem misleading, you may be entitled to compensation.
What Is a CEMA Violation?
A CEMA violation occurs when a commercial electronic message—email or text—sent to a Washington resident, or sent by a Washington company, contains false or misleading information.
Common examples include:
- Deceptive subject lines: For instance, an email stating “Final Day for 50% Off” when the sale continues for another week.
- Hidden sender identity: Messages that obscure who is sending them.
- Misleading promotional content: Claims that imply urgency or scarcity, such as “Only 5 Left” or “Offer Ends Tonight,” when those statements are not true.
Even if the body of the message is accurate, the subject line must stand alone as truthful. If Tommy John sent messages that misrepresented sale timelines or product availability, those could qualify as violations.
Why Tommy John Could Be Liable
Under CEMA, liability extends beyond the direct sender. If Tommy John or its marketing partners knowingly transmitted deceptive messages to Washington state residents, they could face legal consequences. The law presumes that senders know the recipient’s location if it’s reasonably determinable, such as through domain registration or customer data.
Additionally, the law expands to note that if the sender is a Washington state based company, the recipient can be from anywhere in the United States.
Legal Remedies for Consumers
Violations of CEMA are considered per se violations of Washington’s Consumer Protection Act (RCW 19.86). This means:
- No need to prove intent or harm: Each deceptive message counts as a separate violation.
- Statutory damages: Consumers may recover $500 per violation, or actual damages, whichever is greater.
- Multiple messages = multiple claims: If the sender sent five misleading emails, you could be entitled to $2,500 in statutory damages.
Recent Legal Clarifications
In April 2025, the Washington Supreme Court reinforced that subject lines must be accurate on their own, regardless of the email’s content. Puffery, statements like “Best Deals of the Year,” is generally not actionable, but factual claims implying urgency or scarcity must be truthful.
Why This Matters for Tommy John Customers
Digital marketing is increasingly sophisticated, and companies like Tommy John use automated campaigns and data-driven targeting. While these tools can enhance customer experience, they also create opportunities for abuse. CEMA ensures transparency and protects consumers from manipulative tactics.
What Should You Do If You Suspect a Violation?
If you’ve received misleading emails or texts from Tommy John:
- Save the messages: Keep copies or screenshots of emails or texts as evidence.
- Document the details: Note dates, subject lines, and any discrepancies.
- Seek legal advice: Firms like Emery | Reddy, PC specialize in consumer protection and CEMA claims. We offer free case reviews and work on a contingency basis.
Take Action Today
Washington law empowers you to hold deceptive marketers accountable. If Tommy John violated CEMA, you may be entitled to compensation. Contact Emery | Reddy to learn more about your rights and start your claim.
