Southwest Airlines Sued for Allegedly Sending Fake Sale Emails

Case Overview: A class action lawsuit alleges Southwest Airlines sent promotional emails with false urgency and fabricated sales, violating Washington's Commercial Electronic Mail Act (CEMA) and the state's Consumer Protection Act.

Consumers Affected: Washington residents who received Southwest’s allegedly misleading emails.

Court: U.S. District Court for the Western District of Washington

Southwest Airlines misleads customers through promotional emails filled with false urgency and fabricated sales, a new lawsuit alleges. 

The complaint, filed in Washington state, claims the airline routinely tricks consumers into thinking a deal is about to disappear only to “extend” it the next day, a tactic that allegedly violates state advertising and email marketing laws.

At the center of the lawsuit is Southwest’s email marketing strategy. The airline is accused of sending messages with subject lines like “Last Day” to pressure customers into booking before a supposed deadline. 

But according to the filing, those deadlines are an illusion with the company planning the so-called “extensions” in advance, creating a cycle of misleading promotions designed to drive quick sales.

The lawsuit argues that these tactics aren’t just frustrating, they’re unlawful. By sending serial emails with misleading subject lines, Southwest allegedly violated Washington’s Commercial Electronic Mail Act (CEMA) and the state’s Consumer Protection Act. 

A Frequent Flyer’s Inbox Fills Up

Karleasa Mitchell of King County, Washington, filed the lawsuit saying she has received more than 100 promotional emails from Southwest since 2023. She claims the company deliberately targeted her inbox with misleading subject lines, pushing her toward purchases she might not have made otherwise.

Mitchell says she has even bought flights after clicking through the emails, but adds that the experience has left her wary of the airline’s promotions. According to the complaint, she still wants to receive legitimate updates about Southwest deals, but can no longer tell which emails are truthful and which are marketing tricks.

"False Scarcity" Tactics Violate State Law, Lawsuit Claims

Washington’s CEMA law directly prohibits sending commercial emails with false or misleading subject lines. Each violation can result in $500 in damages or more, if actual losses exceed that amount. Importantly, the law also makes any CEMA violation an automatic violation of the state’s broader Consumer Protection Act, which addresses deceptive business practices.

In practice, this means Mitchell and the proposed class don’t need to prove they lost money to make their case. Simply receiving the misleading emails could be enough to trigger damages, as well as injunctive relief that could force Southwest to change its marketing practices.

A Growing Trend of Unwanted Marketing Lawsuits

The case comes at a time when airlines and other major companies are increasingly being called out for misleading customers. 

United Airlines was recently hit with a lawsuit claiming it charged passengers extra for so-called “window seats” that didn’t actually have windows. In another case, former students of United’s Aviate Academy alleged the school misled them about career opportunities.

Mitchell is asking to represent all Washington residents who received Southwest’s allegedly misleading emails. She’s seeking an injunction to stop the practice, statutory damages for each email sent, and reimbursement for legal costs.

Case Details

• Lawsuit: Mitchell v. Southwest Airlines Co.
• Case Number: 2:25-cv-01593
• Court: U.S. District Court for the Western District of Washington 

Plaintiffs' Attorney:

• Beth E. Terrell, Jennifer Rust Murray, Blythe H. Chandler, and Eden B. Nordby (Terrell Marshall Law Group PLLC)
• E. Michelle Drake, Mark B. DeSanto, and Colleen Fewer (Berger Montague PC)

Have you purchased flights through Southwest email promotions? Let us know how you feel about this lawsuit in the comments section below.