A federal judge has allowed a proposed class action against Skechers USA to move forward, finding that consumers adequately alleged the footwear and apparel company sent unsolicited emails that used deceptive subject lines to create urgency and pressure purchases.
U.S. District Judge David Estudillo, sitting in Tacoma, Washington, concluded plaintiffs had sufficiently alleged an invasion of privacy through a practice of sending "unsolicited and harassing emails" with false or misleading subject lines. The court’s ruling means the case can proceed beyond the early pleading stage.
According to the complaint, which accuses Skechers of repeatedly messaging consumers in Washington state, the company used familiar urgency-oriented phrases to push consumers to buy quickly. The suit cites subject-line examples such as "the clock is ticking" and "Today Only!" to illustrate the alleged pattern of conduct.
Plaintiffs pointed to a specific exchange of messages as representative. An email dated May 26, 2025, allegedly carried the subject line "Long Weekend Savings End Tonight." The following day, May 27, 2025, the complaint says recipients received another email with the subject line "Surprise! Long Weekend Savings Extended for Today." The plaintiffs say the sequence demonstrates an effort to create a false impression that discounts were about to expire.
The lawsuit, filed in September 2025, seeks millions of dollars in damages on behalf of a class of consumers. The named plaintiffs are Stephen Liss and Boni Melchor, both identified as residents of Washington state. The lawyer representing the plaintiffs did not immediately respond to outreach seeking comment.
Skechers and its attorneys did not immediately respond to requests for comment about the ruling. The company was taken private last year by Brazilian private equity firm 3G Capital. The complaint notes Skechers reported roughly $9 billion in sales in 2024, the last full year before the transaction.
In addition to permitting the state-law claims to proceed, Judge Estudillo rejected Skechers’ contention that federal law preempted those claims. The court also dismissed an argument from the defendant that retailers should not face potential strict liability when they extend sales and thereby provide consumers "more time and more opportunities to save."
The ruling does not resolve the merits of the plaintiffs’ allegations. Rather, it allows the litigation to advance so the parties can pursue discovery and further proceedings on the asserted privacy and consumer-protection claims.
Case status: Proposed class action allowed to proceed; seeks millions in damages; claims filed September 2025.
Court: U.S. District Court, Tacoma, Washington - Judge David Estudillo.