Club Med Lawsuit: The “Flash Sale” Email Class Action
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The Club Med lawsuit in the news is a proposed class action over marketing emails, not over a trip or a resort stay. A Washington plaintiff says subject lines like “Last Chance! 50% Flash Sale Ends Tonight” were false because the sales were later extended. It only covers Washington email recipients. As of October 5, 2026 there is no settlement, no fund and no claim form — and the judge is weighing whether to send the case back to state court or pause it.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuit Alleges
The case is brought under Washington’s Commercial Electronic Mail Act (CEMA), which bars commercial emails with false or misleading subject lines, and the state Consumer Protection Act. The lawsuit alleges that Club Med Sales, Inc. sent Washington residents promotional emails announcing deadlines that were not real — discounts of up to 40% or 50% that were said to end that day, then extended.
One example cited in the complaint: an email sent January 8, 2024 advertised “40% OFF” ending that day, and the offer was extended the next day. The complaint also points to “flash sale” campaigns in April and July 2024 and promotions in 2025 and 2026. According to Club Med’s motion to dismiss, the case rests on eleven emails; the plaintiff says she received four of them between May and December 2025, including “Last Chance: Memorial Day All-Inclusive Deals” on May 27, 2025.
Club Med denies the claims. Its motion argues that “last chance” and “final hours” are puffery, that extending a sale is not illegal, and that the plaintiff never alleges she opened the emails or bought anything because of them. These are allegations and arguments; the court has not ruled on them.
Case Details
Erwin v. Club Med Sales Inc., No. 2:26-cv-01397, U.S. District Court for the Western District of Washington, before Judge John H. Chun. The suit began in Snohomish County Superior Court (No. 26-2-02997-31); Club Med removed it to federal court on April 24, 2026. Club Med Sales lists Club Med Amerique du Nord SAS as its corporate parent. Docket: CourtListener.
The case is one of many CEMA suits filed after the Washington Supreme Court’s April 2025 ruling in Brown v. Old Navy, which held that misleading subject lines can violate the statute. Other suits against Club Med on the federal docket, such as a personal-injury case filed in Maryland in September 2026, are individual cases and have nothing to do with these emails.
Status: Pending, No Settlement
On September 28, 2026 Judge Chun ordered the parties to explain by October 9, 2026 why the case should not be sent back to state court for lack of federal jurisdiction or, alternatively, paused until the Ninth Circuit decides a standing question in Montes v. Catalyst Brands LLC. So the next step may be a remand or a stay, not a ruling on the merits. No class has been certified.
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Who Could Be in the Proposed Class
The complaint proposes a class of Washington citizens holding an email address to which Club Med sent the challenged emails. If you live outside Washington, this case does not cover you, because CEMA is a Washington law.
You do not need to sign up for anything. A proposed class is not a certified class, and if the case is ever certified or settled, a court-approved administrator will send notice. Useful now: if you are in Washington and on Club Med’s mailing list, keep its promotional emails — especially “ends tonight” messages and any later extension. Those would show you were on the list.
Is There Money? What CEMA Cases Pay
For context only, not a prediction: in a different Washington email case, Aaland v. Costco, the settlement fund was $14,000,000 and payments were split equally among claimants after fees — the $500 statutory figure was not what people received. See our report on the Costco email settlement. If the Club Med case is remanded, stayed or dismissed, there may be no payment at all.
How cases like this one end
Our copy of the federal courts’ own case database covers 24,037 other fraud casesclosed in U.S. federal district courts between 2015 and 2025, 27.4% of them filed as class actions:
- 17.3% ended in a settlement recorded by the court. Another 22.5% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 17.3% and 39.8%.
- 10.4% were decided on a motion before any trial.
- 1 in 111 reached a trial (0.9%), after a median of 30 months.
- Median time from filing to the end of the case: 7 months.
- Only 735 of them (3.1%) record a money award at all; the median of those is $663,000.
These are base rates for this type of case (other fraud, consumer deception) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Club Med Email Lawsuit Timeline
- 1
January 8, 2024 — “40% Off” Email
The complaint alleges Club Med advertised a 40% sale ending that day, then extended it the next day.
- 2
April 2025 — Brown v. Old Navy
The Washington Supreme Court rules that misleading subject lines can violate CEMA, opening the door to a wave of email suits.
- 3
May–December 2025 — Four Emails
The plaintiff says she received four challenged emails, starting with a May 27, 2025 “Last Chance” message.
- 4
April 24, 2026 — Removed to Federal Court
Club Med moves the case from Snohomish County Superior Court to the Western District of Washington, No. 2:26-cv-01397.
- 5
June 26, 2026 — Motion to Dismiss
Club Med asks the court to throw out the complaint, calling the subject lines puffery and the claimed injury insufficient.
- 6
September 28, 2026 — Show-Cause Order
The judge asks the parties to explain by October 9, 2026 why the case should not be remanded to state court or stayed.
Three Things to Watch For
A lawsuit about sale emails invites fake emails about the lawsuit:
“Club Med settlement — claim your $500”
There is no settlement and no claim form. The $500 figure is a per-violation demand in the complaint, not a payment. A message promising it is fishing for your details.
Fake travel credits tied to the case
Emails offering a free stay or resort credit “because of the class action” are not from the court. Book and check offers only by going to Club Med’s site yourself, not through a link.
Requests for payment to join
You never pay to be in a class. If a class is certified or a settlement reached, notice comes from a court-approved administrator and filing is free.
Club Med Lawsuit — Common Questions
What is the Club Med lawsuit about?
Marketing emails. The Club Med lawsuit, Erwin v. Club Med Sales Inc., alleges that subject lines announcing sales ending “tonight” or a “last chance” were misleading because the sales were later extended, in violation of Washington’s email law.
Is there a Club Med settlement or claim form?
No. As of October 5, 2026 the case is pending, with no settlement, no fund, no administrator and no claim deadline.
Am I affected?
Only if you are a Washington resident whose email address received the challenged Club Med promotions. The proposed class covers Washington citizens; people in other states are not included.
How much could I get?
Unknown. The complaint seeks $500 per violation, trebled, but courts have not awarded anything. In a comparable Washington case against Costco, a $14,000,000 fund was split equally among claimants rather than paid at $500 per email.
What happens next?
Judge Chun ordered the parties to explain by October 9, 2026 why the case should not be sent back to state court or paused pending a Ninth Circuit appeal. Club Med’s motion to dismiss is also pending.
Does Club Med admit wrongdoing?
No. Club Med argues the subject lines were puffery, that extending a sale is legal, and that the plaintiff does not claim she opened the emails or bought anything because of them.
Is this related to the Kroger Savings Club settlement?
No. Despite the “club” in both names, that is a separate $17 million prescription-pricing settlement with claims due December 21, 2026. See our Kroger Savings Club report.
Where can I find settlements I can claim now?
See our list of open class action settlements and estimate payouts with the settlement payout calculator.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.