Yet another brand is getting caught in the net of new Washington legislation created to combat deceptive email practices.
Skechers U.S.A., Inc. is the subject of a proposed class action lawsuit filed by plaintiffs Stephen Liss and Boni Melchor on behalf of Washington state residents. The case, Liss et al v. Skechers U.S.A., Inc. (Case No. 3:25-cv-05861), was removed to the U.S. District Court for the Western District of Washington on September 22, 2025.
The lawsuit claims that Skechers sent promotional emails to Washington consumers with subject lines that falsely or misleadingly suggested time-limited offers. Examples include “Long Weekend Savings Ends Tonight” and “Hurry, 25% off Ends Today,” followed by emails extending the same sale with subject lines like “Surprise! Long Weekend Savings Extended for Today” and “One More Day to Save with 25% off.” Plaintiffs say these subject lines created a false sense of urgency.
The suit is brought under the Washington Commercial Electronic Mail Act (CEMA, RCW 19.190.020). This law prohibits sending commercial emails to Washington residents if the subject line contains false or misleading information. Violations of CEMA also qualify as a violation of the Washington Consumer Protection Act (WCPA), which allows statutory penalties of $500 per offending email per recipient. Plaintiffs do not need to prove actual monetary damages.
Because the law allows penalties without proving actual harm, the potential exposure could be significant if many emails were sent to many Washington residents. Retailers and marketers should consider reviewing urgency-based subject lines such as “ends tonight,” “today only,” or “one more day” to reduce legal risk.
The case against Skechers follows similar litigation. Nike is facing a class action lawsuit, as is  Tommy Bahamas and we recently reported on Papa John’s all whom have been targeted in Washington over allegedly misleading email subject lines. The increase in these lawsuits is connected to a 2025 Washington Supreme Court decision in Brown v. Old Navy, LLC, which clarified that CEMA bans any false or misleading information in a subject line, not just misrepresentations about whether the email is commercial.
