Do This, NOT That: Marketing Tips with Jay Schwedelson

What’s Up THIS WEEK?! ⚠️ Why ‘URGENCY’ In Marketing Is a Huge Problem Now 📅 Q4 Is Already Being Decided | Ep. 547

August 4, 2026

AI Summary

5 min read

Costco's $14 Million Settlement Changes the Rules for Marketing Urgency

Costco just agreed to a $14 million settlement to resolve a class action lawsuit alleging it sent residents in the state of Washington promotional emails with false or misleading subject lines. The law in question is the Washington State Commercial Electronic Mail Act. The subject lines that got Costco into trouble included "Today is the last day to access member only savings" and "Hot buys available for five days only." The allegation was that Costco promoted offers as ending while allegedly planning to extend those promotions later.

Why the Costco Settlement Changes Everything

Here's the uncomfortable truth for every marketer: Costco probably would have won this lawsuit if they had fought it in court. This kind of urgency marketing has been standard practice for years. The problem is that Costco settled. And once a company of that size settles, it opens the floodgates. Other plaintiffs' lawyers will now look for similar patterns in other companies' email marketing. The legal precedent isn't binding, but the practical risk just went up dramatically.

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What you'll learn

1 (00:25) **Costco's $14M Settlement Changes Urgency Marketing Forever** - A class-action lawsuit over misleading "limited-time" subject lines has huge implications for every marketer.
2 (04:23) **Q4 Is Decided in August, Not October** - Consumer and B2B planning starts now, and waiting until September is a massive missed opportunity.
3 (06:57) **Ridiculous Portion: TV & Movie Recommendations** - Jay shares what he's watching, including a Peacock series and a new Marvel movie.
4 (09:05) **Book Plug & Call to Action** - Jay promotes his USA Today bestseller and offers partnership opportunities.
5 Standout Quotes
6 Mentioned Resources
7 **Costco Settlement Details** - Washington State Commercial Electronic Mail Act class action

+ Full timestamped outline available in the app

Show Notes

Partner with Jay: https://www.jayschwedelson.com/contact

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Pre-order Jay Schwedelson's new book, Stupider People Have Done It (out June 9, 2026).

All net proceeds are donated to The V Foundation for Cancer Research, let's kick cancer's butt: https://www.amazon.com/Stupider-People-Have-Done-Marketing/dp/1637635206

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A $14 million settlement over two email subject lines just rewrote the rules for anyone who has ever written "last chance" and then quietly extended the offer a few days later. Jay Schwedelson walks through what happened with Costco in Washington state, why the settlement