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...