LaserAway Medical Group Sued Over Allegedly False, Misleading Marketing Emails

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A proposed class action lawsuit alleges LaserAway Medical Group has sent serial emails with false and misleading subject lines to trick consumers into opening the messages and making purchases.

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The 25-page LaserAway lawsuit claims the Beverly Hills, California-based laser hair removal provider will, for instance, send a marketing email with a subject line stating “70% Off Ends Tonight” and then, two days later, send another email marketing a “70% Off” sale. The defendant will also claim in marketing emails that a sale or discount is for “Today Only,” only to send another email the following day announcing that the purported sale or discount has been extended, the case alleges. 

According to the complaint, LaserAway uses these email tactics to impart among consumers a sense of urgency and induce fear that they might miss out on a good deal, “spurring consumers to make purchases in a hurry and thereby increasing LaserAway’s sales revenue.” The case says the defendant’s email practices have also caused consumers’ inboxes to become “inflated with spam.” 

The proposed class action ultimately accuses LaserAway of violating the Washington Commercial Electronic Mail Act, which regulates deceptive email marketing in the state, and the Washington Consumer Protection Act by sending emails with false and misleading information that ultimately “clog[]” inboxes with illusory sales, sale extensions and phantom discounts. 

As the suit tells it, LaserAway will often send a marketing email every day, and sometimes up to twice per day, advertising services that are always on sale or “limited time” offers.  

“For example, LaserAway will send emails (i) when a limited time sale starts, (ii) while the illusory sale is ongoing, (iii) when the sale is close to ending, (iv) when the sale is (purportedly) in its final hours, and (v) when the sale has been ‘extended’ or renewed. When several emails contain the same false and misleading information, the emails clog up inboxes with spam and waste limited data space.” 

The lawsuit claims LaserAway violates Washington law given that many of the statements in its email subject lines are designed to induce consumers into opening the messages. 

The plaintiffs, both Washington residents, each claim to have received more than 200 marketing emails from LaserAway since summer 2022. 

The case looks to cover all persons who, while a Washington resident, received an email from, or at the behest of, LaserAway that contained a subject line stating or implying that “(1) a sale, discount, price, or other offer is ending when LaserAway continued to offer the sale, discount, price, or other offer for a longer period of time; (2) a sale, discount, price, or other offer would be extended, when the sale, discount, price, or other offer was planned to continue through the extension advertised; (3) a percentage off was available for laser hair removal when the percentage advertised was not off the price at which LaserAway previously offered its products and services in good faith for a significant period of time; or (4) a product or service was ‘free’ or that the recipient could use a specific dollar amount off a purchase when the recipient had to spend money in order to take advantage of the offer.”

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