32 Degrees class action overview:
- Who: Brittney Samaduroff and Eve Summers filed a class action lawsuit against David Peyser Sportswear Inc., which does business as 32 Degrees.
- Why: Samaduroff and Summers allege 32 Degrees sends promotional emails with false discount claims and fictitious time-limited sales.
- Where: The 32 Degrees class action was filed in Washington state court.
A new class action lawsuit alleges clothing retailer 32 Degrees deceives Washington consumers through a systematic campaign of false and misleading promotional emails.
Plaintiffs Brittney Samaduroff and Eve Summers filed the class action complaint against David Peyser Sportswear, doing business as 32 Degrees, alleging the company sends emails with subject lines advertising substantial discounts and urgency-based time limits that are false and misleading.
The class action lawsuit alleges 32 Degrees routinely sent emails promoting sales of up to 90% off with subject lines like “Today Only,” “Ends Tonight” and “Just Hours Left” — yet the same or comparable sales were consistently extended or immediately replaced after the stated deadline.
“There is nothing wrong with a legitimate sale,” the complaint says. “But a fictitious sale—that is, one with made-up regular/former prices or made-up expirations—is deceptive and illegal.”
The plaintiffs allege the purported discounts were illusory because 32 Degrees’ products were almost always available at a reduced price, making the advertised “regular” and “former” prices fictitious reference points.
The lawsuit includes dozens of examples of misleading email subject lines sent between November 2022 and March 2025, arguing the scheme was systematic and ongoing.
32 Degrees lawsuit alleges false discounts violate Washington consumer laws
Samaduroff and Summers claim 32 Degrees violated Washington’s Commercial Electronic Mail Act, known as CEMA, which prohibits sending commercial emails with false or misleading subject lines.
The class action lawsuit further alleges violations of the Washington Consumer Protection Act, arguing that a violation of CEMA constitutes a per se violation of that law.
The plaintiffs seek to represent all Washington residents who received promotional emails from 32 Degrees containing false discounts or time-limited sale claims during the class period.
They are demanding $6 million in statutory damages at $500 per actionable email, along with treble damages and injunctive relief requiring the company to stop sending deceptive emails. The plaintiffs demand a jury trial and request class action certification.
Currently, lifestyle brand Tommy Bahama is also facing allegations that it lured Washington consumers through urgent email subject headings that did not reflect the true availability of discounts and promotions.
What do you think of the allegations made in this 32 Degrees class action lawsuit? Let us know in the comments.
The plaintiffs are represented by M. Anderson Berry, Gregory Haroutunian and Brandon P. Jack of Emery Reddy P.C. and Alexander E. Wolf of Milberg PLLC.
The 32 Degrees class action lawsuit is Samaduroff, et al. v. David Peyser Sportswear Inc. d/b/a 32 Degrees, Case No. 3:26-cv-05275-TMC, in the U.S. District Court for the Western District of Washington.
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