LaserAway Class Action: Misleading Email Marketing Tactics Alleged

A laser hair removal chain is accused of tricking consumers in Washington into opening their emails with false and misleading subject lines. 

Tracey Liu and Angela Neff filed a proposed class action lawsuit against LaserAway on April 25 in a Washington federal court, alleging violations of Washington’s Commercial Electronic Mail Act.

The two women say LaserAway, a company that offers laser hair removal services and aesthetic treatments, uses different types of false and misleading information in email subject lines to dupe consumers into opening their email and making purchases. 

LaserAway Accused of Never-Ending Fake Sales

The plaintiffs say LaserAway uses deceptive marketing that makes it seem like a sale is only running for a short time.

For example, the subject line of its email will claim that "70% Off Ends Tonight", when, just two days later, LaserAway sends another email marketing a “70% Off” sale, they say.

As another example, the subject line will claim that a sale or discount is "TODAY ONLY," only for

LaserAway to send an email the next day announcing that the sale or discount has been “extended,” the women allege.

“In reality, LaserAway always planned the sale to continue during the advertised extension,” the lawsuit states.

FOMO Marketing: LaserAway's Emails Create False Urgency, Lawsuit Claims

LaserAway sends these emails with alleged false and misleading subject lines to create a sense of urgency and induce fear in consumers that they might miss a good deal, the lawsuit says.

This spurs consumers to make purchases in a hurry and thereby increases LaserAway's sales revenue, it adds.

Meanwhile, LaserAway also uses its "sales" and preconceived "sale extensions” as an excuse to send consumers additional emails, the lawsuit says. 

This practice causes “consumers' inboxes to become inflated with spam,” the lawsuit says, and violates consumers’ right to be free from deceptive commercial e-mails.

Deceptive Pricing Practices: A Widespread Issue in Retail

LaserAway is not alone in the hot seat over its pricing practices. The company joins a growing list of retailers facing similar class action lawsuits.

• PetMeds: The online pet pharmacy, is facing a class action lawsuit alleging it uses deceptive pricing tactics by advertising discounts based on inflated "original" prices.
  
  
• Temu: The popular online marketplace has been hit with multiple class action lawsuits claiming it uses "fake sales" and misleading discounts to lure in unsuspecting shoppers.
  
  
• JCPenney: The department store chain is also embroiled in a California lawsuit over accusations of employing "false reference pricing schemes," potentially misleading consumers about the actual value of their discounts.
  
  
• Purple and La-Z-Boy: These well-known brands have not escaped the trend either, both facing class-action lawsuits over similar deceptive pricing practices.

In the LaserAway class action lawsuit, Lui and Neff are seeking to represent a class of Washington consumers who received LaserAway's alleged false and misleading emails. They are suing for $75,000 each, plus $500 in damages for every email that violates the law for each class member. 

Case Details

• Lawsuit: Liu v. LaserAway Medical Group Inc.
• Case Number: 2:24-cv-00759
• Court: U.S. District Court for the Western District of Washington 

Plaintiffs' Attorneys

• Beth E. Terrell, Jennifer Rust Murray, and Blythe H. Chandler (Terrell Marshall Law Group PLLC)
• Sophia M. Rios and E. Michelle Drake (Berger Montague PC)