August 3, 2026

The Spreading Menace of Mass Claims Over “Deceptive” Email Subject Lines

Retailers face a rising tide of lawsuits and mass arbitrations asserting that ordinary promotional email subject lines are deceptive, a claim not preempted by CAN-SPAM. At $500 or more for each recipient of a challenged email, statutory penalties can exceed $10 million (plus attorneys’ fees) for one prospecting campaign. Only by understanding these claims and taking preventive steps can you reduce your risks.

The time to line up your defenses is now.

Click here for more information.

If you have questions, please reach out to a member of our team team.

David W. Bertoni | dbertoni@brannlaw.com

David Swetnam-Burland | dsb@brannlaw.com

Eamonn R.C. Hart | ehart@brannlaw.com

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