Washington residents who received Michaels promotional emails may be covered by a proposed class action alleging Michaels Stores used subject lines like “LAST DAY for up to 50% off! This sale ENDS TODAY” for sales that were later extended or replaced, and advertised discounts off prices that coupons of at least 20% regularly undercut. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Michaels Stores, Inc. 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 the Michaels Email Lawsuit?
A proposed class action in the U.S. District Court for the Eastern District of Washington accuses Michaels of sending Washington residents marketing emails with false or misleading subject lines. The case is Crow v. Michaels Stores, Inc., No. 1:26-cv-03142, assigned to U.S. District Judge Rebecca L. Pennell. It was removed to federal court on July 22, 2026, and two Washington residents filed a first amended class action complaint on September 1, 2026.The amended complaint alleges two problems with the subject lines: deadlines that did not hold, such as “ENDS TODAY” sales that were extended the next day, and percentage-off discounts measured against regular prices that, the plaintiffs say, coupons of at least 20% almost always undercut. The claims are brought under Washington’s Commercial Electronic Mail Act, which bars commercial emails with false or misleading subject lines, and the state Consumer Protection Act. No court has ruled on any of the allegations.
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The Subject Lines in the Complaint
The amended complaint lists dozens of Michaels email subject lines sent between March 2023 and June 2026. It highlights pairs where a deadline email was followed by an extension:- On September 27, 2025, “ENDS TODAY: Up to 60% off trees online only! Plus, FREE shipping!” was followed on October 1, 2025 by “EXTENDED: Up to 60% off Christmas trees online only! Plus, FREE shipping!”
- On September 20 and 21, 2025, three emails said the Lowest Prices of the Season sale ended tomorrow, was on its last day and was in its final hours; on September 22, an email said the sale was “Extended today online only!”
- On September 1, 2025, “ENDS TODAY: 40% off in store & online with coupon!” was followed on September 2 by “40% off coupon extended today only!”
- Around Memorial Day 2026, a “DON’T MISS: 50% off Memorial Day Sale ends today” email on May 25 was followed on May 26 by “EXTENDED! 1 more day to shop our Memorial Day Sale - online only.”
The complaint says the plaintiffs’ lawyers reviewed Michaels’ emails from December 1, 2025 to June 5, 2026 and found that almost every day brought an email advertising a limited-time sale. It also says that when sales ended, a comparable sale often began within about a week.
The “Regular Price” Argument
The second theory concerns the size of the discounts. The complaint alleges that Michaels continuously offers coupons of at least 20% off its stated regular prices, on top of category sales, so that a regular price is rarely what shoppers actually pay. If that is true, the plaintiffs argue, an email promising “up to 50% off” overstates the real saving.To support this, the complaint cites a review of archived Michaels.com homepage and coupon pages from 2023, which it says showed sitewide coupons of 20% to 40% off regular-price purchases appearing throughout the year. It also points to Federal Trade Commission guidance on former-price comparisons and “limited” offers that are not actually limited. That guidance is cited to support the theory; the lawsuit’s claims are brought under Washington law.
Why Washington’s Email Law Matters Here
Washington’s Commercial Electronic Mail Act, known as CEMA, prohibits sending a commercial email to a Washington resident if its subject line contains false or misleading information. A CEMA violation is also a per se violation of the state Consumer Protection Act. In Brown v. Old Navy, LLC (2025), the Washington Supreme Court held that CEMA covers misleading statements about sales and discounts in subject lines, not only misinformation about who sent the email or what it is about. Dozens of similar suits against retailers have followed; OCA tracks them on its Washington CEMA lawsuits page.The complaint argues Michaels knew its recipients lived in Washington because it collects addresses with online orders and loyalty sign-ups, and because its privacy statement describes collecting location and IP address data. The plaintiffs say they gave Michaels their email addresses at Michaels stores in Washington.
Who Is in the Proposed Class?
The amended complaint proposes a class of all Washington residents who, during the class period, received Michaels promotional emails with subject lines that did any of the following:- Advertised “% off” discounts
- Said a sale, discount or price would end on a specific date, when the same deal was later extended past that date
- Said a sale, discount or price was time-limited, ending, or tied to a holiday or event, when Michaels offered the same or a comparable deal for longer
The class period would begin on a date set by the court under the statute of limitations, which the complaint says reaches back at least four years, and end when a class is certified. Judges, Michaels and its affiliates and employees, and the lawyers on both sides are excluded. The plaintiffs reserve the right to propose subclasses. The definition is a proposal only; a judge would have to certify it.
Legal Claims and What the Lawsuit Seeks
The amended complaint brings two claims, both for the Washington class:- Violation of the Commercial Electronic Mail Act, RCW 19.190.020(1)(b)
- Violation of the Washington Consumer Protection Act, based on the CEMA violations and on the subject lines as unfair or deceptive practices
It seeks the greater of actual damages or $500 per email that violated CEMA, treble damages under the Consumer Protection Act, an injunction requiring Michaels to stop sending misleading subject lines, interest, and attorneys’ fees and costs.
One complication: a Washington amendment, House Bill 2274, took effect June 11, 2026. For actions commenced on or after that date, it lowered CEMA’s statutory damages from $500 to $100 per email and added a requirement that the sender actually knew the subject line was false or misleading. The case reached federal court on July 22, 2026 after being removed from state court, and the publicly available filings do not show when it was first filed, so which version of the statute governs has not been settled. These are the plaintiffs’ requests, not amounts anyone has been awarded.
What Happens Next
The case has already had one round of procedure. Michaels’ original defendant, The Michaels Companies, Inc., moved to dismiss for lack of personal jurisdiction. In an August 18, 2026 order, the court approved the parties’ agreement to substitute Michaels Stores, Inc. as defendant, struck that motion, and gave Michaels Stores 30 days after the amended complaint to respond. The docket then shows a motion to stay filed September 23, 2026 and an order on it entered September 24. Those two filings are not publicly available, so OCA has not confirmed whether the case is paused, for how long or why.Washington residents do not need to do anything now. There is no claim form, and nothing is required to stay within the proposed class. If the case settles or a class is certified, class members are normally notified and told how to file a claim or opt out. Similar subject-line suits are pending against H&M and Hot Topic.
Questions
Can I get money from the Michaels email lawsuit right now?
No. The case is at the complaint stage. No class has been certified, there is no settlement or judgment, and there is no claim form. Michaels Stores, Inc. has not been found liable. Money would only become available if the case settles or the plaintiffs win.
Who is in the proposed Michaels class?
The amended complaint proposes a class of Washington residents who, during the class period, received Michaels promotional emails with subject lines that advertised a percentage-off discount, said a sale would end on a specific date when it was later extended, or said a sale was time-limited or tied to a holiday when Michaels offered the same or a comparable deal for longer. The class period would start on a date set by the court under the statute of limitations, which the complaint says reaches back at least four years. The definition is a proposal only.
Do Michaels shoppers outside Washington qualify?
No. The case is brought under Washington’s Commercial Electronic Mail Act and Consumer Protection Act, and the proposed class is limited to Washington residents who received the emails.
How much does the lawsuit seek per email?
The amended complaint seeks the greater of actual damages or $500 per email that violated the statute, plus treble damages under the Consumer Protection Act and an injunction. A Washington amendment effective June 11, 2026 lowered the statutory figure to $100 per email and added an actual-knowledge requirement for actions commenced on or after that date. The publicly available filings do not show when this case was first filed in state court, so which version applies has not been settled. Any amount would depend on the outcome of the case or a settlement.
What is the status of the Michaels case?
The first amended complaint was filed September 1, 2026, after the court approved swapping the defendant from The Michaels Companies, Inc. to Michaels Stores, Inc. The docket shows a motion to stay filed September 23, 2026 and an order on that motion entered September 24, 2026. Neither filing is publicly available, so it has not been confirmed whether or for how long the case is paused.
Read the Amended Complaint
Sources
• First Amended Class Action Complaint, Crow v. Michaels Stores, Inc., No. 1:26-cv-03142-RLP (E.D. Wash., filed September 1, 2026), ECF No. 16: Michaels amended class action complaint (PDF).• Order Granting Stipulated Motion Regarding Amendment of Complaint, ECF No. 14 (August 18, 2026): order on CourtListener (PDF).
• Crow v. Michaels docket on CourtListener.
