Published
July 9, 2026
A judge just refused to throw out a lawsuit over a "LAST DAY!" Hanes email that allegedly wasn't the last day at all — a small phrase that, under a Washington law, can be worth $500 an email.
Allegations Only · No Settlement Yet
This article describes a class action complaint and a ruling on a motion to dismiss. The statements below are unproven allegations. Hanesbrands has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
Hanesbrands, the maker of Hanes underwear and basics, has to defend a class action over the subject lines on its marketing emails. In Jackson v. Hanesbrands Inc., No. 2:25-cv-00440-SAB, the plaintiff alleges Hanesbrands sent Washington residents promotional emails with false-urgency subject lines that misrepresented when a deal would end. The case began in Spokane County Superior Court in October 2025, Hanesbrands removed it to the U.S. District Court for the Eastern District of Washington in November 2025, and on April 28, 2026, Chief Judge Stanley A. Bastian denied the company's motion to dismiss — letting the case move forward.That ruling is why this case is worth a page of its own. The judge rejected Hanesbrands' three main defenses in one order: that the federal CAN-SPAM Act preempts the claim, that Washington's email law is unconstitutional, and that the complaint failed to state a claim. As the court put it, the state law's "central requirement is that companies communicating with Washington residents be truthful in their communications." None of that is a finding that Hanesbrands did anything wrong — it simply means the allegations are strong enough to proceed.
Status
Motion to Dismiss Denied — Case Proceeds
Jackson v. Hanesbrands Inc. · E.D. Wash. · MTD denied April 28, 2026
The Law
Washington CEMA (RCW 19.190) + Consumer Protection Act
$500 per misleading email in statutory damages
Who's Affected
Washington residents who received the emails
14 emails identified, July 2022–May 2025 · class not yet certified
Can I Claim?
No — nothing to claim yet
No settlement, no fund, no claim form
Why a Subject Line Can Be Worth $500
Washington's Commercial Electronic Mail Act, or CEMA (RCW 19.190), makes it unlawful to send a commercial email to a Washington resident with false or misleading information in the subject line. A CEMA violation is treated as a per se violation of Washington's Consumer Protection Act, and the statute allows for $500 per email — with no requirement that the recipient was actually deceived or even opened the message. Multiply that by a large marketing list, and the exposure becomes enormous.The theory took off after the Washington Supreme Court's 2025 decision in Brown v. Old Navy, which confirmed that misleading subject lines fall within CEMA. Since then, a wave of nearly 80 CEMA class actions has hit national retailers and brands. The Hanes case is one of that wave — but its April 2026 motion-to-dismiss denial makes it one of the more advanced, because a court has now rejected the defense industry's favorite counterarguments (CAN-SPAM preemption and constitutional challenges) head-on.
What the Lawsuit Alleges
The complaint centers on false time-pressure. The lead example is a "LAST DAY!" subject line on a free-shipping offer that, the plaintiff alleges, actually continued for three more days — the kind of manufactured deadline that pushes a shopper to click and buy before a "sale" they believe is ending. The complaint identifies 14 specific allegedly misleading Hanesbrands emails sent between July 2022 and May 2025, and seeks to represent a class of Washington residents who received them. Because the suit was filed before a June 11, 2026 amendment tightened CEMA's standard, it proceeds under the older framework. These remain allegations; Hanesbrands denies wrongdoing and the case has not been decided.Part of a Bigger Wave
The Hanes case does not stand alone. Dozens of similar CEMA suits are pending against major retailers over the same kind of email subject lines — for the full picture, see our overview of the Washington CEMA email lawsuits, and a closely related dedicated case, the Keurig false-urgency email class action. Each turns on its own facts and subject lines, but they share the same core theory: that a fake deadline in a subject line is a misleading statement Washington law does not allow.Is There Anything to Claim?
No. Surviving a motion to dismiss is a procedural milestone, not a payout. There is no certified class, no settlement, no fund, and no claim form. If the case is later certified and settles, a court-approved notice would explain who qualifies and how to file. For now, there is nothing to claim, and no legitimate site can sign you up for a "Hanes email settlement."This page is informational and is not legal advice.
Frequently Asked Questions
What is the Hanes email lawsuit about?
Jackson v. Hanesbrands Inc., No. 2:25-cv-00440-SAB (E.D. Wash.), alleges Hanesbrands sent Washington residents marketing emails with false-urgency subject lines — like a "LAST DAY!" free-shipping message the plaintiff says ran three more days — in violation of Washington's CEMA. The allegations are unproven.Did a court rule on it?
Yes. On April 28, 2026, the court denied Hanesbrands' motion to dismiss, rejecting CAN-SPAM preemption, a constitutional challenge, and a failure-to-state-a-claim argument. The case proceeds; it is not a finding of liability.What is Washington's CEMA law?
CEMA (RCW 19.190) bars commercial emails to Washington residents with false or misleading subject lines, treats a violation as a per se Consumer Protection Act violation, and provides $500 per email in statutory damages.Can I get money from the lawsuit?
No. There is no certified class, settlement, fund, claim form, or deadline. Nothing is available to claim at this stage.Sources
• Justia Dockets — Jackson v. Hanesbrands Inc., 2:25-cv-00440 (E.D. Wash.)• Law360 — Hanes Must Face Email Suit After State Law Declared Legal
• Faegre Drinker — Federal Court Upholds Washington's CEMA Against CAN-SPAM Preemption
• K&L Gates — Washington Supreme Court and Email Subject-Line Risk (Brown v. Old Navy)
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Status
Motion to dismiss denied (Apr. 28, 2026) — case proceeds, no class certified
Case Title
Jackson v. Hanesbrands Inc.
Case Number
2:25-cv-00440-SAB
Court
U.S. District Court, Eastern District of Washington (removed from Spokane County Superior Court)
Law
Washington CEMA (RCW 19.190) + Consumer Protection Act (RCW 19.86)
Official Website
Justia Docket — Jackson v. Hanesbrands
