Skechers Facing Significant Email Litigation Exposure

Skechers U.S.A., Inc. ("Skechers") was recently sued in Washington for alleged violation of its state email marketing law. As part of its defense in the email litigation proceeding, Skechers removed the case from state court to the United States District Court for the Western District of Washington, where it will seek to have the Commercial Electronic Mail Act ("CEMA") violation claims dismissed.

What Are the Allegations Against Skechers in the Email Litigation?

Readers of our blog that have followed our email marketing compliance posts know that, broadly speaking, CEMA prohibits, among other things, the sending of commercial email that "[c]ontains false or misleading information in the subject line." In what appears to be a relatively novel theory of potential liability under the statute, Skechers is alleged to have violated CEMA by including in its email subject lines false time scarcity claims, or language that otherwise allegedly creates a false sense of