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Eddie Bauer Keeps Deceptive Email Class Action in Federal Court

Nov. 29, 2019, 8:27 PM

Eddie Bauer LLC convinced the Western District of Washington Nov. 27 that a plaintiff alleging the company sends deceptive emails has standing to bring a class action in federal court.

Jennifer Harbers argued the company improperly removed her suit from Washington state court under the Class Action Fairness Act because she didn’t suffer a concrete injury to satisfy federal standing requirements.

But Washington’s Commercial Electronic Mail Act establishes a right to be free from deceptive commercial emails, which is violated any time a prohibited message is sent, the court said.

“Ms. Harbers need not allege additional harm beyond the alleged...

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