TLDR Tech / Marketing
Skechers must face class action over misleading promotional emails
Retailers now face real legal risk for using fake urgency in email subject lines, especially in Washington state, where more than 100 brands have already been sued over extended or repeated “limited time” offers. The lawsuit against Skechers shows that brands cannot treat phrases like “Today Only!” or “Ends Tonight” as harmless conversion tactics if the same promotion returns the next day. Brands should align promotional deadlines with actual campaign end dates and audit automated email flows that recycle urgency language across extensions. The court also rejected the argument that extending a sale helps consumers, which signals that intent matters less than whether the messaging creates false scarcity.
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