Superior Court for the State of Washington, in and for the County of King
Notice of Proposed Class Action Settlement
A court authorized this Notice. It is not a solicitation from a lawyer. You are not being sued.
BACKGROUND & INTRODUCTION
• A settlement has been proposed to end a class action lawsuit against Costco Wholesale Corporation (“Costco” or
“Defendant”), known as Michael Aaland v. Costco Wholesale Corporation, Case No. 25-2-16392-0 (Wash. Super. Ct. King
Cnty.) (the “Lawsuit”). The Lawsuit alleges that Costco violated Washington law by sending commercial electronic mail
messages containing false or misleading subject lines to individuals residing in Washington.
• Defendant denies any wrongdoing. Defendant claims it has abided by all state and federal laws, and that the Lawsuit is not
well grounded in law or fact. As part of the proposed Settlement, Defendant does not admit to any wrongdoing, maintains its
compliance with the law, and continues to deny the allegations against it.
• The parties in the Lawsuit have agreed to resolve the Lawsuit on a class action basis. As described further below, if the
Settlement is approved by the Court, Costco will pay $14 million to fully and finally resolve the claims of the “Settlement
Class,” defined as “All persons who received a commercial electronic mail message, and who were Washington residents at
the time of the receipt of such commercial electronic mail message, that was transmitted by Costco Wholesale Corporation or
someone acting on behalf of Costco Wholesale Corporation at any time from June 2, 2021, through July 7, 2026.”
• The Court has scheduled a Final Approval Hearing for October 2, 2026. If the Settlement is approved and becomes final,
you will be issued a payment if (i) you are a member of the Settlement Class; and (ii) you file a valid Claim Form before
August 24, 2026. Even if you do not file a Claim Form, your rights will be affected if you are a member of the Settlement
Class and you do not exclude yourself from the Settlement. Read below, visit
www.WashingtonCommercialEmailSettlement.com, or call 888-808-6247 for more information.
YOUR LEGAL RIGHTS AND OPTIONS
File a Claim by If you are a member of the Settlement Class, you have a right to complete a Claim Form to share in the
August 24, 2026 to settlement proceeds paid by Costco to settle the Lawsuit. A Claim Form can be obtained from the settlement
receive payment website at www.WashingtonCommercialEmailSettlement.com. A Claim Form can be submitted (a)
electronically on the website, or (b) by mail.
If your Claim Form is approved and the Settlement is approved by the Court and becomes final, you give
up your right to bring your own lawsuit about the issues in this Lawsuit.
Do Nothing If you do nothing and the Settlement becomes final, you will not be issued a Settlement payment. If you are
a member of the Settlement Class and the Settlement is approved by the Court and becomes final, you give
up your right to bring your own lawsuit about the issues in this Lawsuit.
Exclude Yourself by If you exclude yourself from the Settlement (also called “opting out”), you give up your right to receive a
August 24, 2026 Settlement payment, but you retain any rights you may have to bring your own lawsuit about the issues in
this Lawsuit.
Object or Comment If you are a member of the Settlement Class and do not exclude yourself from the Settlement, you may
by August 24, 2026 object to or comment about the terms of the Settlement.
THESE RIGHTS AND OPTIONS ARE EXPLAINED IN THIS NOTICE.
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What this Notice Contains
BASIC INFORMATION ABOUT THE LAWSUIT 3
1. What is this Notice?
2. What is the lawsuit about?
3. What is a class action and who is involved?
4. What has happened in the lawsuit?
5. What is the current status of the lawsuit?
DETERMINING IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS 3
6. How do I know if I am a Settlement Class Member?
7. Are there exceptions to being included in the Settlement Class?
8. Are you still not sure if you’re included?
THE PROPOSED SETTLEMENT 4
9. What are the terms of the proposed Settlement?
10. What are the benefits of the proposed Settlement?
11. What claims will be released by the proposed Settlement?
12. How much will the Settlement payment be and how will the payments be sent?
YOUR OPTIONS AS A SETTLEMENT CLASS MEMBER 4
13. What are my options now as a Settlement Class Member?
14. What happens if I choose to stay in the Settlement Class?
15. How do I obtain and submit a Claim Form?
16. Where do I find my Claim ID and PIN?
17. How do I object or comment?
18. What happens if I exclude myself from the Settlement Class?
19. How do I exclude myself from the Settlement Class?
20. What happens if I do nothing?
THE LAWYERS REPRESENTING YOU 6
21. As a Settlement Class Member, do I have a lawyer representing my interests in this Class Action?
22. How will the lawyers be compensated, and will the Class Representative receive compensation?
23. Should I get my own lawyer?
THE COURT’S FINAL APPROVAL HEARING 7
24. When and where will the Court decide whether to approve the Settlement?
25. Do I have to come to the hearing?
26. May I speak at the hearing?
27. Where can I get more information?
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BASIC INFORMATION ABOUT THE LAWSUIT
1. What is this Notice?
This Notice explains that the parties in the Lawsuit known as Michael Aaland v. Costco Wholesale Corporation, Case No. 25-2-
16392-0 SEA (Wash. Super. Ct. King Cnty.) (the “Lawsuit”), have agreed to resolve the Lawsuit on a class action basis and that the
Court has preliminarily approved the Settlement. If you are a member of the Settlement Class, you have legal rights and options that
you may exercise, as explained in this Notice.
2. What is the lawsuit about?
This lawsuit is about whether Costco violated Washington state laws, including Washington’s Commercial Electronic Mail Act
(“CEMA”) and the Washington Consumer Protection Act (“CPA”), by sending allegedly misleading commercial email messages to
Washington residents. Specifically, Michael Aaland (the “Class Representative”) alleges that the subject lines of certain Costco
commercial email messages advertised temporary or time-limited promotions to consumers, when in fact Costco knew it was going
to extend those promotions past the stated time frame. Under CEMA, a recipient is entitled to receive $500 for each email message
sent in violation of the law or actual damages, which Plaintiff contends is subject to trebling under the CPA. The Court also may
award injunctive relief and reasonable attorneys’ fees and costs.
Defendant denies any wrongdoing and believes it has fully complied with the law. Defendant has asserted defenses it believes would
be successful at trial. In agreeing to settle, Defendant maintains that it complied with the law and does not admit any wrongdoing.
The Settlement is not an admission of wrongdoing.
The Lawsuit is proceeding in the Superior Court for the State of Washington, in and for the County of King, before the Honorable
Judge Janet Helson.
3. What is a class action and who is involved?
In a class action lawsuit, one or more people called “Class Representatives” (in this case, Michael Aaland) sued on behalf of himself
and other people who have similar claims. These people together are called a “Class” or “Class Members.” The Class Representative
and all the Class Members are called Plaintiffs. The company that the Plaintiffs sued, Costco, is called the Defendant. One court
resolves the issues for all Class Members—except for those who choose to exclude themselves.
4. What has happened in the lawsuit?
On June 2, 2025, Joseph Zydel commenced an action on behalf of a proposed class by filing a Complaint in Washington State Court
(Superior Court for King County) against Costco alleging that it violated CEMA and the CPA (Case No. 25-2-16392-0 SEA).
On August 1, 2025, Costco moved to dismiss the Lawsuit, claiming that the Complaint failed, as a matter of law, to state a viable
claim for relief. On October 10, 2025, the Court denied Costco’s motion. On October 14, 2025, Mr. Zydel filed an Amended
Complaint. On January 16, 2026, the parties jointly requested to stay the case to engage in an arms-length mediation before Judge
Welsh (Ret). The parties have since engaged in limited discovery regarding the Class Representative’s claims and Costco’s defenses.
On April 15, 2026, Plaintiff filed a Second Amended Complaint substituting Michael Aaland as the Class Representative.
The Court has not decided whether Costco did anything wrong. The Court also has not made any determination that this Lawsuit
should proceed as a class action, as opposed to individual claims brought by the Class Representative. This Notice should not be
interpreted as an expression of the Court’s opinion on the merits of the Lawsuit.
5. What is the current status of the lawsuit?
The Class Representative and Costco have now agreed to a Settlement to resolve the Lawsuit, as described below. Deadlines unrelated
to the Settlement of the Lawsuit are currently stayed while the parties notify the Settlement Class of the proposed Settlement and seek
final approval of the Settlement from the Court.
DETERMINING IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS
6. How do I know if I am a Settlement Class Member?
You are a member of the Settlement Class if you (1) received a commercial electronic mail message transmitted from or on behalf of
Costco from June 2, 2021, to July 7, 2026, (2) were a Washington resident at the time of receipt, and (3) received the commercial
electronic mail message at an email address appearing in Costco’s data.
Examples of a commercial electronic mail message are: “Today is the last day to access Member-Only Saving” and “Hot Buys
available for 5 Days Only.”
If you received a notice of this Settlement via email or mail, records indicate that you may have received a commercial electronic
mail message transmitted from or on behalf of Costco from June 2, 2021, to July 7, 2026. People who did not receive email notice or
mail notice may still be part of the Settlement Class if they meet the requirements described above.
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7. Are there exceptions to being included in the Settlement Class?
The Settlement Class does not include Defendant, any entity that has a controlling interest in Defendant, and Defendant’s current or
former directors, officers, counsel, and their immediate families. The Settlement Class also does not include any persons who validly
request exclusion from it.
8. Are you still not sure if you’re included?
If you are still not sure whether you are included in the Settlement Class, you can get free help at
www.WashingtonCommercialEmailSettlement.com, or by calling or writing to the lawyers appointed by the Court to represent the
Settlement Class in this case (“Class Counsel”) at the phone number or address listed in response to Question 21.
THE PROPOSED SETTLEMENT
9. What are the terms of the proposed Settlement?
The complete terms of the proposed Settlement are set forth in the Settlement Agreement, which is available at
www.WashingtonCommercialEmailSettlement.com. This Notice provides only a summary of the terms of the Settlement.
10. What are the benefits of the proposed Settlement?
If the Settlement is approved and becomes final, Costco will pay fourteen million dollars ($14,000,000)into a settlement fund.
This money will be used to: (1) make Settlement payments to eligible Settlement Class Members and (2) pay court-awarded attorneys’
fees and litigation expenses of Class Counsel and any Service Award granted to the Class Representative. You must decide whether
to stay in the Class or opt out of it.
If you are a Settlement Class Member, you need to complete and submit a Claim Form by August 24, 2026 to receive a settlement
payment. Claim Forms are available on the settlement website, www.WashingtonCommercialEmailSettlement.com.
11. What claims will be released by the proposed Settlement?
If you are a Settlement Class Member and do not exclude yourself from the Settlement, and the Settlement is approved and becomes
final, the Settlement will be legally binding on you. In exchange for the opportunity to obtain settlement benefits, you will release any
and all claims and rights, whether known or unknown, that arise out of or relate in any way to commercial electronic mail messages
sent to any email address, that have been, or could have been, brought in the Lawsuit, as well as any claims arising out of the same
nucleus of operative facts as any of the claims asserted in the Lawsuit.
12. How much will the Settlement payment be and how will the payments be sent?
If the Settlement is approved and becomes final, Settlement Class Members who complete and submit a timely and valid Claim Form
and do not exclude themselves from the Settlement Class will be issued a Settlement payment.
The Settlement payments will be equally distributed to all Settlement Class Members who submit timely and valid Claim Forms, after
the deduction of settlement costs, attorneys’ fees and expenses awarded by the Court, and any Service Award granted to the Class
Representative.
If you are a Settlement Class Member, you need to complete and submit a Claim Form by August 24, 2026, to receive a Settlement
payment. Claim Forms are available on the settlement website, www.WashingtonCommercialEmailSettlement.com. The Claim Form
allows Settlement Class Members to elect the method by which to receive payments including paper checks, Venmo, PayPal, etc.
For any Settlement payments that are uncashed or deemed undeliverable by the Settlement Administrator, the funds will be distributed
by one or both of the following means: (1) a pro rata second distribution to those Settlement Class Members who cashed/received
their initial Settlement payments (if there are sufficient residual funds to justify the administrative costs of such distribution); and/or
(2) distribution to the Legal Foundation of Washington.
YOUR OPTIONS AS A SETTLEMENT CLASS MEMBER
13. What are my options now as a Settlement Class Member?
You must decide whether to stay in the Class or exclude yourself from the Settlement.
14. What happens if I choose to stay in the Settlement Class?
If you choose to stay in the Settlement Class, you have the option to (1) do nothing; or (2) complete and submit a Claim Form by
August 24, 2026, in order to share in the payment of the Settlement proceeds. Under either option, by choosing to stay in the Settlement
Class, if the Settlement becomes final, you give up any rights to sue the Defendant separately about the same issues in this Lawsuit.
See Question 11.
By staying in the Settlement Class, you may object to or comment on the Settlement and/or to Class Counsel’s request for attorneys’
fees, litigation expenses, and any Service Award. You do not need to object or comment in order to receive a Settlement payment.
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15. How do I obtain and submit a Claim Form?
In order to share in the payment of the Settlement proceeds, you must (1) be a Settlement Class Member; and (2) complete and submit
a valid Claim Form by August 24, 2026. You can obtain a Claim Form on the settlement website,
www.WashingtonCommercialEmailSettlement.com.
The Claim Form requires Settlement Class Members to provide their Claim ID, if they have one, and to identify the email address(es)
at which they received the commercial electronic mail message. Settlement Class Members must also provide their contact information
and attest that they: (1) received one or more commercial electronic mail messages transmitted from or on behalf Costco from June
2, 2021, to July 7, 2026, (2) were a Washington resident at the time of receipt, and (3) owned the email address(es) provided as of the
date of the alleged email(s). The Claim Form allows Settlement Class Members to elect the method by which to receive payments
including paper checks, Venmo, PayPal, etc.
If the email address(es) provided cannot be verified, the Settlement Administrator may contact you and ask you to provide a different
email address. The Settlement Administrator will communicate with you via the email address you provide on the Claim Form.
Once completed, the Claim Form can be submitted electronically on the settlement website or printed and mailed to the following
address:
Aaland v. Costco Wholesale Corporation
Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
Mailed Claim Forms must be postmarked by August 24, 2026. Each Settlement Class Member is entitled to submit only one Claim
Form, regardless of the number of commercial electronic mail messages they received. If you submit a Claim Form through the
settlement website, please do not submit a duplicate Claim Form by mail, and vice versa. Duplicate Claim Forms will be rejected.
16. Where do I find my Claim ID and PIN?
If you received an email notice of the Settlement, then your Claim ID and PIN are located at the top of the email.
17. How do I object or comment?
If you are a Settlement Class Member, and have not excluded yourself from the Settlement, you can comment on or object to the
terms of the Settlement. To object or comment, you must send a written objection/comment including the following:
(i) your full name, address, and current telephone number;
(ii) an explanation of the basis for your contention that you are a Settlement Class Member, including the
email address(es) at which you received a commercial electronic mail message from Costco;
(iii) if you are represented by counsel, the name and telephone number of counsel, whether counsel intends to
submit a request for fees, and all factual and legal support for that request;
(iv) all objections and the basis for any such objections stated with specificity, including a statement as to
whether the objection applies only to you, to a specific subset of the Class, or to the entire Class;
(v) a statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel;
(vi) the identity of any witnesses you may call to testify at the Final Approval Hearing;
(vii) a listing of all exhibits you intend to introduce into evidence at the Final Approval Hearing, as well as
true and correct of copies of such exhibits; and
(viii) your signature (your attorney’s signature is not sufficient).
Your comment or objection must be sent to the Settlement Administrator by email or mail, postmarked no later than August 24, 2026.
The Settlement Administrator can be contacted [email protected] or :
Aaland v. Costco Wholesale Corporation
Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
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18. What happens if I exclude myself from the Settlement Class?
You may exclude yourself from the Settlement Class by following the steps described in response to Question 19. If you exclude
yourself from the Settlement, or “opt out,” you give up the right to receive any benefits from the Settlement and you cannot comment
or object to the Settlement. However, you will keep any rights you may have to sue Costco regarding the issues in this Lawsuit.
19. How do I exclude myself from the Settlement Class?
If you do not want to remain a member of the Class, you must mail or email a written “Request for Exclusion” to the Settlement
Administrator that is postmarked no later than August 24, 2026. Your written request must include:
• Your name, address, and telephone number;
• A statement confirming that you want to exclude yourself from the Settlement Class;
• The case name and number (Michael Aaland v. Costco Wholesale Corporation, Case No. 25-2-16392-0 (Wash.
Super. Ct. King Cnty.)); and
• Your signature and the date.
• Your Request to Opt Out must be emailed to [email protected] or mailed to the
following address:
Aaland v. Costco Wholesale Corporation
Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
20. What happens if I do nothing?
If you are in the Settlement Class and you do nothing, you will stay in the Settlement Class. If the Settlement is approved and becomes
final, you will not be issued a Settlement payment and you will not be able to sue Costco about the issues in this Lawsuit. You will
also be legally bound by all orders that the Court issues and judgments the Court makes as to the Settlement Class.
THE LAWYERS REPRESENTING YOU
21. As a Settlement Class Member, do I have a lawyer representing my interests in this Class Action?
Yes. The Court has appointed the following attorneys and law firms to represent the Settlement Class Members. Together, these
lawyers are called “Class Counsel”:
HKM EMPLOYMENT ATTORNEYS LLP
Joseph Wright
Jason Rittereiser
Donald Heyrich
Rachel Emens
600 Stewart Street, Suite 901
Seattle, WA 98101
Telephone: (206) 746-2337
22. How will the lawyers be compensated, and will the Class Representative receive compensation?
Class Counsel will file a motion asking the Court to award them attorneys’ fees up to one-third of the $14 million settlement fund
($4,620,000) and for reimbursement of reasonable litigation expenses and costs currently estimated to be $16,500.00. The attorneys’
fees and expenses awarded by the Court will be the only payment to Class Counsel for their efforts in achieving the Settlement and
for their risk in undertaking this representation on a wholly contingent basis during the year this case was litigated. Class Counsel will
also ask the Court for a Service Award to the Class Representative of no more than $2,500 for Plaintiff Michael Aaland in recognition
of his service to the Class. The Court will determine the amount of attorneys’ fees, expenses, and Service Award to the Class
Representative.
23. Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working for you. However, you may still hire your own lawyer at your
own expense. If you hire a lawyer to speak for you or to appear in Court, your lawyer must file a Notice of Appearance with the Court.
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THE COURT’S FINAL APPROVAL HEARING
24. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing at October 2, 2026, at 3:30pm, in the Superior Court of Washington for King County,
Courtroom W728, 516 Third Ave., Seattle, WA 98104. The hearing may be moved to a different date or time, or the Court may order
that the hearing be held telephonically or by videoconference, without additional notice. Please check
www.WashingtonCommercialEmailSettlement.com for updates or changes.
At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also
consider Class Counsel’s application for attorneys’ fees, expenses, and a Service Award. If there are objections, the Court will consider
them. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
25. Do I have to come to the hearing?
No, you do not have to attend or participate in the Final Approval Hearing to receive a Settlement payment. Class Counsel will answer
questions the Court may have. But you are welcome to come at your own expense. If you submit an objection, you do not have to
come to the Court to talk about it. So long as you submitted your written objection on time, the Court will consider it. You may also
pay your own lawyer to attend, but it is not necessary.
26. May I speak at the hearing?
If you are a Settlement Class Member and have not opted out of the Settlement, you may ask the Court for permission to speak at the
Final Approval Hearing. You cannot speak at the hearing if you exclude yourself from the Settlement Class.
27. Where can I get more information?
This Notice contains a summary of relevant court papers. Complete copies of public pleadings, Court rulings and other filings are
available for review and copying at www.WashingtonCommercialEmailSettlement.com. Information is also available at
www.WashingtonCommercialEmailSettlement.com, or by contacting the Settlement Administrator at
[email protected], or Class Counsel at (206) 746-2337.
Please do not contact the Court or Judge Helson. They cannot answer any questions or discuss the Action.
BY ORDER OF THE SUPERIOR COURT FOR THE STATE OF
WASHINGTON, IN AND FOR THE COUNTY OF KING
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