What Is the Costco Washington Email Lawsuit?
The Costco Washington email lawsuit is a state-court class action over promotional emails that Costco sent to Washington residents, not a federal MDL. It is formally captioned Michael Aaland v. Costco Wholesale Corporation, Case No. 25-2-16392-0 SEA, in the Superior Court for the State of Washington, King County.
Joseph Zydel filed the original complaint on June 2, 2025. Plaintiff's counsel later replaced Zydel with Michael Aaland as class representative, after learning Zydel was in a Chapter 13 bankruptcy repayment plan, to avoid administrative delays.
The lawsuit ended in a settlement rather than a trial. Costco is the only named defendant, and the settlement agreement records that Costco admits no liability.
“On June 2, 2025, Joseph Zydel filed suit against Defendant in King County Superior Court, Case No. 25-2-16392-0 (Wash. Super. Ct. King Cnty.) (the "Action"). Mr. Zydel claimed, among other things, that Costco violated Washington state law by sending commercial electronic mail messages containing false or misleading subject lines to individuals residing in Washington.”
Source: Michael Aaland v. Costco Wholesale Corporation, No. 25-2-16392-0 SEA (Wash. Super. Ct. King Cnty.), Settlement Agreement, Recital 1
Why Are People Filing Costco Washington Email Lawsuits?
People are filing Costco Washington email lawsuits because Washington shoppers say Costco's marketing emails promised deadlines that Costco did not keep. The notice approved in the case quotes two subject lines as examples: "Today is the last day to access Member-Only Saving" and "Hot Buys available for 5 Days Only."
Washington law gave those claims unusual force. On April 17, 2025, the Washington Supreme Court decided Brown v. Old Navy by a 5-4 vote. It held that the Commercial Electronic Mail Act bars any false or misleading information in a subject line, even information unrelated to the email's purpose.
Statutory damages of $500 per email, with no need to prove financial loss, then made subject-line suits attractive. Law firm Morgan Lewis counted nearly 200 such class actions filed in Washington after the ruling.
A class action suited this dispute because the same campaigns reached a very large list. Trade publication emailexpert reports about 3.34 million identified email addresses in the Costco settlement class.
What Injuries Are Included in the Costco Washington Email Lawsuit?
The injuries included in the Costco Washington email lawsuit are two statutory violations, not physical injuries or proven financial losses. Plaintiffs allege that the same subject lines broke an anti-spam statute and a general consumer-protection statute.
Commercial Electronic Mail Act (CEMA) Violation
Washington's Commercial Electronic Mail Act is a state statute that regulates commercial email sent to Washington residents, including a ban on false or misleading information in the subject line.
Plaintiffs allege Costco's subject lines advertised temporary promotions that Costco knew it would extend past the stated end date. The notice approved in the case explains that CEMA entitles a recipient to $500 per violating email, or actual damages. Because that figure applies per message, it is the leverage behind the claim rather than the amount class members receive.
Consumer Protection Act (CPA) Violation
Washington's Consumer Protection Act is a broad state statute that prohibits unfair or deceptive acts in trade or commerce and lets private parties sue over them.
Plaintiffs also pleaded the same emails under the Consumer Protection Act. The approved notice says the plaintiff contends the CEMA damages are subject to trebling under that statute. A violation of CEMA's subject-line rule can support a Consumer Protection Act claim, but trebling generally requires proof of actual damages, so it was a litigation position, not a ruling.
Who Qualifies for the Costco Washington Email Lawsuit?
You may qualify if:
- You were a Washington resident when you received a commercial email sent by Costco or on its behalf.
- The email arrived between June 2, 2021 and July 7, 2026, at an address on Costco's email marketing list.
- You filed a valid claim form by the August 24, 2026 deadline and attested that you owned the address.
You may not qualify if:
- You were not a Washington resident when the email arrived.
- You did not file a claim by August 24, 2026, which generally means no payment.
- You opted out by the same deadline, which preserves a right to sue Costco separately but forfeits any payment.
This list describes who the settlement class covered, not an open filing opportunity. Whether any individual claim was approved is something only the settlement administrator can confirm.
What Is the Current Status of the Costco Washington Email Lawsuit?
The current status of the Costco Washington email lawsuit is a finally approved $14 million settlement, with payments to claimants still to come. Judge Janet Helson of King County Superior Court granted the plaintiff's unopposed motion for final approval in an order dated October 2, 2026, after a hearing held by Zoom, according to emailexpert.
The agreement ties payment to a fixed sequence. Final approval takes effect 31 days after judgment unless someone appeals, Costco funds the settlement within 14 days after that, and payments follow within 30 days of final approval. On those terms, and assuming judgment was entered on October 2 with no appeal, payments would arrive around early December 2026 at the earliest. That date is our calculation from the agreement, not an announced schedule.
Michael Aaland v. Costco Wholesale Corporation
The case moved from a motion to dismiss, to a stay for mediation, to a March 2026 settlement before retired Judge Diane Welsh. The court then preliminarily approved the deal on June 23, 2026 and finally approved it after the claims period closed.
| Court | Superior Court for the State of Washington, King County (Seattle) |
| Case Number | 25-2-16392-0 SEA |
| Presiding Judge | Janet Helson |
| Class Counsel | Joseph Wright, Donald Heyrich, Jason Rittereiser and Rachel Emens, HKM Employment Attorneys LLP |
| Mediator | Diane Welsh (Ret.) |
| Preliminary Approval | June 23, 2026 |
| Claims Deadline | August 24, 2026 (passed) |
| Final Approval | Order dated October 2, 2026 |
| Valid Claims | 313,275 (per The Seattle Times) |
The agreement lets Costco void the deal if more than 250 class members opt out. No source reviewed reports that the walk-away right was used.
How Much Money Will Costco Washington Email Lawsuit Claimants Get?
Costco Washington email lawsuit claimants will each receive an equal share of the net fund, roughly $30 by an unofficial calculation. Seattle Red reached that figure by subtracting about $4.6 million in attorneys' fees and a $2,500 service award from $14 million, then dividing by 313,275 valid claims.
No court order or administrator notice reviewed gives an official per-person amount. Litigation costs were not reported, so the final check may be somewhat lower, and a claimant should not expect $500 per email.
The $14 million gross fund includes court-approved attorneys' fees capped at 33% ($4,620,000), litigation costs and a service award of up to $2,500 for Michael Aaland. Costco pays the administration costs separately, according to the settlement agreement.
Each claimant gets one share no matter how many emails Costco sent them. Payment can arrive by paper check, Venmo or PayPal. Money left uncashed goes to the Legal Foundation of Washington, and each recipient is responsible for any taxes.
Costco Washington Email Lawsuit Updates
Here are the latest Costco Washington Email lawsuit updates, covering new court filings, rulings, and case-count reports as they're confirmed. A settlement in the Costco Washington commercial email class action was reached as of October 2026, detailed in the timeline below. The timeline below tracks every confirmed development from the first filing forward.
Full Costco Washington Email Lawsuit Timeline
Press Reports 313,275 Valid Claims
MyNorthwest, citing The Seattle Times, reported on October 8, 2026 that the Costco Washington email settlement drew 313,275 valid claims and had been finally approved the week before. Seattle Red added that class counsel at HKM Employment Attorneys would receive about $4.6 million in fees.
Judge Helson Grants Final Approval
Judge Janet Helson of King County Superior Court granted final approval of the $14 million Costco settlement in Aaland v. Costco, No. 25-2-16392-0 SEA, in an order dated October 2, 2026. The court granted the plaintiff's unopposed motion after a hearing held by Zoom.
Claims, Opt-Out and Objection Deadline Passes
August 24, 2026 was the last day for Costco Washington email class members to file a claim, opt out, or object in Aaland v. Costco. Under the agreement, a claim submitted after that date was untimely.
Class Period Closes
July 7, 2026 is the end date of the Aaland v. Costco class period reported by news outlets, covering commercial emails Costco sent to Washington residents from June 2, 2021. The agreement ends the period on the date Costco gave the administrator its email list.
Court Grants Preliminary Approval
Judge Janet Helson granted preliminary approval of the Aaland v. Costco settlement on June 23, 2026. The order allowed notice of the settlement to go to Washington email recipients.
Washington Narrows CEMA Through HB 2274
Washington's HB 2274 took effect on June 11, 2026, according to law firm Morgan Lewis. It cut CEMA subject-line damages from $500 to $100 per email and added a knowledge requirement. It does not apply to Aaland v. Costco, which was filed in June 2025.
Second Amended Complaint Names Aaland
Plaintiff's counsel filed a Second Amended Complaint in Aaland v. Costco on April 15, 2026, substituting Michael Aaland for Joseph Zydel as class representative. The court had granted the parties' stipulated motion on April 6.
Mediation Produces Settlement Terms
The parties in Aaland v. Costco held a full-day mediation with retired Judge Diane Welsh on March 3, 2026 and agreed on settlement terms. They recorded those terms in a CR2A essential terms sheet before drafting the full agreement.
Parties Ask to Stay the Case for Mediation
On January 16, 2026, the parties in Zydel's case against Costco jointly asked the King County court to stay proceedings so they could mediate. Costco had by then supplied email-list data and sample subject lines so Plaintiff could assess the potential damages.
Amended Complaint Filed
Joseph Zydel filed an Amended Complaint against Costco in King County Superior Court on October 14, 2025, four days after the court allowed him to amend.
Court Partly Denies Costco's Motion to Dismiss
The King County court denied Costco's motion to dismiss in part on October 10, 2025 and let Joseph Zydel file an amended complaint. Costco had moved to dismiss on August 1, 2025.
Zydel Files the Original Complaint
Joseph Zydel filed suit against Costco Wholesale Corporation in King County Superior Court on June 2, 2025, alleging its promotional emails to Washington residents carried false or misleading subject lines.
Washington Supreme Court Decides Brown v. Old Navy
The Washington Supreme Court ruled 5-4 in Brown v. Old Navy on April 17, 2025 that CEMA covers any false or misleading information in an email subject line. The decision opened the door to the wave of subject-line class actions that included Costco's.
How to File a Costco Washington Email Lawsuit
Here are the 4 steps to file a Costco Washington Email lawsuit.
- Check whether the class covered you: The class covered Washington residents who received a Costco commercial email between June 2, 2021 and July 7, 2026.
- Confirm the claims deadline has passed: The August 24, 2026 deadline to claim, opt out or object is over, so a new claim cannot be filed.
- Check your claim on the settlement website: WashingtonCommercialEmailSettlement.com is the court-approved site and the place to confirm a claim you already filed.
- Watch for payment notices from the administrator: Payment follows final approval and any appeal period, and the administrator contacts approved claimants directly.
Costco Washington Email Lawsuit is no longer accepting new claims. The claims deadline passed on August 24, 2026, and the court granted final approval of the settlement on October 2, 2026, so no new claims are being accepted.
What Evidence Do I Need for a Costco Washington Email Lawsuit?
Claimants did not need receipts, screenshots or other proof of loss to file in the Costco Washington email settlement. The claim form asked for an email address, a mailing address and a sworn statement that the claimant received a Costco email, lived in Washington at the time, and owned the address.
The administrator checked each address against Costco's email list rather than against documents. Each notice carried a unique claim code, and the administrator screened for fraud and duplicate claims.
A claim that failed review drew a notice with the reason, and the claimant had 14 days to fix it. The administrator's decision on the payment amount is final under the agreement.
What Did Costco Say About the Washington Email Lawsuit?
Costco denies the material allegations and admits no liability in the settlement agreement, which describes the deal as a compromise of disputed claims. The company says it settled to avoid the burden, expense and uncertainty of continued litigation.
The settlement requires no change to Costco's email practices, and emailexpert notes it contains no injunctive commitment of any kind. The release covers Costco and listed partners, including marketing vendors Harland Clarke and Vericast, for claims through the date Costco supplied its email list.
How Does the Costco Washington Email Lawsuit Compare to Other Costco and CEMA Lawsuits?
The Costco Washington email lawsuit differs from every other Costco lawsuit because it concerns marketing emails, not products or memberships. Searches for a generic "Costco lawsuit" return several unrelated cases, each described on its own page on this site.
It also differs from other Washington email suits. Brown v. Old Navy was the Supreme Court decision that encouraged them, and emailexpert lists Macy's, Hanesbrands, SeaWorld, Keurig and Beis among other defendants, each in its own case.
| Case | What It's About | Forum | Where to Read More |
|---|---|---|---|
| Aaland v. Costco (this page) | False or misleading email subject lines sent to Washington residents | King County Superior Court, Washington | This page |
| George v. Costco | Membership auto-renewal notices | U.S. District Court, Northern District of California | Costco auto renewal lawsuit |
| Rotisserie chicken suits | "No preservatives" claims and salmonella risk | Federal courts in California and Washington | Costco rotisserie chicken lawsuit |
| Barton v. Costco | Heavy metals in protein powder | U.S. District Court, Western District of Washington | Costco Orgain protein powder lawsuit |
Frequently Asked Questions
What is the Costco Washington email lawsuit about?
The Costco Washington email lawsuit is a class action alleging Costco sent Washington residents promotional emails with false or misleading subject lines. Plaintiffs say "last day" offers were later extended, and Costco denies wrongdoing.
Is the Costco Washington email lawsuit a class action or an MDL?
The Costco Washington email lawsuit is a class action, not an MDL. It is Aaland v. Costco, No. 25-2-16392-0 SEA, in King County Superior Court, and the class was certified for settlement purposes.
Did Costco settle the Washington email lawsuit?
Yes. Costco settled the Washington email lawsuit for $14 million, and Judge Janet Helson granted final approval in an order dated October 2, 2026. Costco admitted no liability.
Can I still file a claim in the Costco Washington email settlement?
No. The claim deadline for the Costco Washington email settlement was August 24, 2026 and has passed. A claimant who already filed can check the claim on the settlement website.
How much will each person get from the Costco Washington email settlement?
Each valid claimant gets an equal share of the net fund, which Seattle Red calculates at roughly $30. That figure is unofficial, and no one gets $500 per email.
Is the Costco Washington email lawsuit the same as the Costco rotisserie chicken lawsuit?
No. The Costco Washington email lawsuit concerns marketing emails and is a settled state-court case. The rotisserie chicken lawsuits are separate federal cases about product claims.