A federal district court has rejected Skechers‘ motion to dismiss a proposed class action in Washington, keeping alive claims that the company’s email marketing practices misled consumers. The lawsuit, Liss v. Skechers USA Inc., No. 3:25-CV-05861-DGE, challenges the use of deadline-driven language in promotional email subject lines.
The plaintiffs alleged that Skechers sent commercial emails with subject lines like “Long Weekend Savings End Tonight” and “Today Only,” while continuing or extending the same discounts the next day or for several additional days.
According to the report, the complaint asserts a claim under Washington’s Commercial Electronic Mail Act (CEMA), which prohibits sending commercial emails with false or misleading information in the subject line.
Skechers argued that the CEMA claim was preempted by the federal CAN-SPAM Act, but the court rejected this argument, holding that CEMA‘s subject-line provision falls within CAN-SPAM‘s savings clause.
The court distinguished nonactionable puffery from factual representations about the duration, availability, terms, nature, or cost of a promotion, and concluded that plaintiffs’ allegations about sale-duration language fit within the kind of subject-line claim that CEMA governs.
The court also held that plaintiffs did not need to plead all traditional fraud elements, such as scienter, reliance, and damages, to state a CEMA claim.
Because the CEMA claim survived, the court allowed the derivative Washington Consumer Protection Act (CPA) claim to proceed as well.
Officials said the court’s order is a reminder that email subject lines are not just marketing copy, but may be treated as regulated statements about the actual mechanics of an offer in Washington.
The decision has implications for brands running high-volume email marketing programs, emphasizing the need to align urgency in subject lines with the reality of the offer.
In this case, the court’s ruling suggests that Skechers must face the email marketing claims, which could lead to statutory, treble-damages, injunctive, fee, and cost remedies if the company is found liable.
According to the filing, the plaintiffs are seeking relief under CEMA and the Washington Consumer Protection Act, which could result in significant penalties for Skechers if the court rules in favor of the plaintiffs.
The case highlights the importance of transparency and accuracy in email marketing practices, particularly when using deadline-driven language to create a sense of urgency.
As one expert noted, companies must ensure that their marketing practices are aligned with the reality of their offers, to avoid potential legal issues.
Email Marketing Regulations
The CAN-SPAM Act regulates commercial email and provides guidelines for companies to follow.
However, individual states like Washington have their own laws, such as CEMA, which provide additional protections for consumers.
Implications for Businesses
The court’s ruling has significant implications for businesses that use email marketing as part of their promotional strategies.
They must ensure that their email subject lines are accurate and transparent, and that they do not use false or misleading information to create a sense of urgency.
Failure to comply with email marketing regulations can result in significant penalties and damage to a company’s reputation.
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