Titan Fitness class action lawsuit overview:
- Who: Two Washington consumers filed a class action lawsuit against Titan Brands Inc., doing business as Titan Fitness.
- Why: The plaintiffs claim Titan Fitness sends sales emails with false urgency about discounts it repeatedly extends.
- Where: The Titan Fitness class action lawsuit was removed to Washington federal court.
A new class action lawsuit alleges Titan Fitness sends deceptive sales emails to pressure Washington consumers into making purchases before discounts expire.
Plaintiffs Evan Kirkman and Aaron Smith claim Titan Fitness repeatedly warns customers a sale is in its “final days” or “final hours,” then relaunches or extends the same discount once the deadline passes.
Kirkman, of Renton, and Smith, of Tacoma, say they have received the company’s sales emails for years, dating back to 2020 and 2017, respectively.
The Titan Fitness class action lawsuit argues this pattern violates Washington’s Commercial Electronic Mail Act (CEMA), which bars false or misleading subject lines in commercial emails sent to Washington residents, and that this also constitutes an automatic violation of the state’s Consumer Protection Act (CPA).
Washington lawmakers passed CEMA in 1998 after the attorney general’s office received more than 1,000 complaints about spam email, and the statute does not require proof of actual damages — receiving a noncompliant email is itself the injury.
The plaintiffs want to represent a class of Washington residents who received Titan promotional emails claiming a sale, discount or price would end at a set time, only for Titan to extend, repeat or reinstate the same offer.
They demand a jury trial and seek an injunction, along with actual or liquidated damages of $500 per violation.
Class action: Titan Fitness recycled the same sale for weeks
The class action lawsuit alleges Titan Fitness sent deceptive sales emails between December 2025 and February 2026.
On Dec. 28, 2025, a sales email entitled “Final Days: End of Year Blowout Sale” kicked off the promotion. Over the next few days, Titan Fitness followed with “Final Days for Year-End Savings — Up to 65% Off,” “One Day Left,” “Last Chance,” “Final Hours” and a “4 Hours Left” email featuring a countdown clock.
Rather than ending, the sale reappeared the next morning as “New Year, New Gains — Up to 65% Off.” The class action lawsuit alleges this cycle repeated through at least Feb. 11, 2026, with Titan Fitness again declaring “Keep Your Momentum This Week — Up to 65% Off.”
In another CEMA-related case, a federal judge has allowed a class action lawsuit against Hanesbrands to proceed, rejecting arguments that CEMA is unconstitutional because it creates a nationwide standard for commercial emails and burdens interstate commerce.
Have you ever received a sales email from Titan Fitness advertising a deal as about to expire? Let us know in the comments.
The plaintiffs are represented by M. Anderson Berry and Brook Garberding of Emery | Reddy P.C. and Leslie Pescia, Rachel Minder and Alayne Gobeille of Siri & Glimstad LLP.
The Titan Fitness class action lawsuit is Kirkman, et al. v. Titan Brands Inc. d/b/a Titan Fitness, Case No. 2:26-cv-01660-JNW, in the U.S. District Court for the Western District of Washington.
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