A federal judge decided on Monday that a lawsuit against Skechers USA over allegedly deceptive promotional emails can move forward. The case focuses on subject lines that may have created fake urgency about discount offers.
A federal judge rejected the footwear company's motion to dismiss, allowing claims under Washington's email marketing law to proceed
NurPhoto / Getty Images
A federal judge decided on Monday that a lawsuit against Skechers USA over allegedly deceptive promotional emails can move forward. The case focuses on subject lines that may have created fake urgency about discount offers.
On May 19, the company's bid to end the litigation early was turned away by U.S. District Judge David Estudillo of the U.S. District Court for the Western District of Washington, with Washington state's Commercial Electronic Mail Act providing the legal basis for the surviving claims. In his ruling, Judge Estudillo concluded that the plaintiffs' allegations were sufficient to move forward, pointing to the complaint's characterization of Skechers' outreach as "unsolicited and harassing emails" whose subject lines were deceptive, according to Reuters.
In September 2025, Washington residents Stephen Liss and Boni Melchor filed a complaint accusing Skechers of using urgent phrases like "Today Only!", "The Clock Is Ticking," and "Don't Miss Out" in their emails, but then keeping the deals going after the deadlines had passed. For example, the plaintiffs said Skechers sent a May 26, 2025, email saying "Long Weekend Savings End Tonight," followed by another the next morning titled "Surprise! Long Weekend Savings Extended for Today," according to Reuters.
Two additional defense arguments were turned aside by the court: that the federal CAN-SPAM Act displaces the state-level claims, and that prolonging a sale period benefits shoppers and therefore cannot form the basis of a misleading-communications claim. The lawsuit seeks millions of dollars in damages, according to Reuters. Skechers did not respond to requests for comment.
Skechers is not the only retailer facing lawsuits over this type of marketing. Washington state has become a center for legal challenges to email campaigns that use fake deadlines. This trend started after the Washington Supreme Court's 2025 Brown v. Old Navy decision, which said the state's email marketing law covers not just whether a message is commercial, but also whether claims about promotion dates are accurate. Since then, more than 100 retailers have been sued by consumers who say deadline-focused subject lines were followed by extensions or repeats of the same sales. Ulta $ULTA Beauty is another company whose similar legal case was not dismissed early.
The case is Liss v. Skechers USA INC., 3:25-cv-05861 (W.D. Wash.).
Join 500,000+ readers who start their day with Quartz.
By subscribing, you agree to our Terms of Service and Privacy Policy.