H&M Fashion USA Inc. and its Swedish parent, H&M Hennes & Mauritz AB, are facing a proposed class action in Washington over marketing emails that allegedly promised discounts were about to disappear, then didn’t.
Plaintiffs Alvaro Iniguez and Brooke Langford say H&M sent them emails warning that limited-time discounts of 15% to 30% off were ending within hours, only for the same sale to continue or a bigger discount to appear a day or two later.
The complaint, reported by Top Class Actions, cites a Black Friday campaign on 24 November 2023, in which H&M advertised 30% off under subject lines including “Just HOURS left” and “Last chance!”, then extended the same discount the next day. Around Memorial Day 2024, a “20% off ends tonight!” email was followed days later by a “25% off Flash Sale.”
The plaintiffs say H&M worked out which recipients lived in Washington through IP tracking, purchased location data and other identity-resolution services, then sent the state’s residents roughly 557 marketing emails a year between 2022 and 2025, more than one a day.
They allege the subject lines violated Washington’s Commercial Electronic Mail Act (CEMA) and the state Consumer Protection Act. The proposed class covers Washington residents who received a commercial email from H&M with subject-line claims that misrepresented a sale, deal or promotion.
The case, filed in Spokane County Superior Court in April 2026 and removed to the US District Court for the Eastern District of Washington in June, is Iniguez et al. v. H&M Hennes & Mauritz AB et al., No. 2:26-cv-00244-ACE. H&M Fashion USA is listed as a Group entity alongside the Swedish parent named as co-defendant.
The allegations have not been proven, and there has been no finding of liability against either defendant.