No, BarkBox subscribers cannot claim money right now. Both email cases are only proposed class actions with no payout process.
CEMA means Washington's Commercial Electronic Mail Act. It restricts false or misleading subject lines in commercial email. The BarkBox suits allege marketing emails broke that rule.
Official resources:
- Explore the official data from SEC — Use this primary source to review the underlying data.
- Read the official guidance from Wa — Use this primary source to verify the official guidance.
Table of Contents
- What do the BarkBox lawsuits allege?
- What does Washington law prohibit?
- Why is CEMA litigation growing?
- Can subscribers file a claim now?
What do the BarkBox lawsuits allege?
Adam Steuer filed a proposed class action on March 12, 2026. BARK disclosed the case in its quarterly filing with the SEC. The case is No. 1:26-cv-02038 in the Southern District of New York. It alleges BarkBox marketing emails used false or misleading subject lines.
The same SEC filing disclosed Davidson v. BarkBox. That case was filed May 13, 2026 as King County No. 26-2-15886-0 SEA. It was removed to federal court in Washington. It asserts the same CEMA and consumer-protection claims.
What does Washington law prohibit?
The Washington State Legislature's commercial email statute bars misleading commercial email. It covers mail sent from Washington or to an address known to belong to a Washington resident. A subject line with false or misleading information violates the rule. A violation counts as an unfair or deceptive act under Washington's Consumer Protection Act.
The Legislature states that link in a companion statute. Plaintiffs can therefore sue under both laws over the same emails. A common example is a sale that says it ends tonight but then continues. The Washington Supreme Court addressed that type of claim in 2025. Cooley reports the court split 5-4 and allowed such claims under CEMA.
Why is CEMA litigation growing?
In Brown v. Old Navy, the court held CEMA reaches any false subject-line claim. Cooley's June 2026 alert reports the 2025 decision was 5-4.
More than 100 suits followed within a year, versus eight in the prior two decades. Cooley reports pre-amendment exposure was $500 per violating email without proving harm. Lawmakers passed HB 2274 on March 23, 2026. The change cut damages to $100 and added a knowledge requirement effective June 11, 2026.
Can subscribers file a claim now?
Bark filed an Answer with defenses in Steuer on April 23, 2026. The federal court record shows contested litigation, not a settlement. There is no court-approved claim form. TradingView's summary of BARK's August 2026 filing notes only putative classes.
No class has been certified. Subscriber status alone creates no current right to payment. Schwabe advises Washington recipients to preserve evidence and watch for notices. Save messages now because subject-line cases turn on exact wording and timing: Keep messages until a court or settlement notice sets a deadline. Check any future notice for its claims deadline before deleting messages.
- Save each marketing email with headers and dates
- Keep proof showing receipt in Washington
- Watch court dockets and BARK SEC filings for class or settlement notice