TLDR Marketing · MISCELLANEOUS

ENDS TONIGHT? HOW FALSE URGENCY BECAME EMAIL'S $500 PER SUBSCRIBER MISTAKE

martech.zone6 min read

Summary from the TLDR Marketing newsletter

Marketing emails now carry legal risk. Courts have ruled that misleading subject lines alone can trigger damages even if unopened. This applies to any company emailing consumers, since lists can't exclude specific states and federal anti-spam laws offer no protection. Nearly 200 lawsuits have targeted retailers, airlines, and colleges over extended “deadline” claims, with damages up to $500 per email, now reduced to $100 under a 2026 law.