Nike sued over deceptive ‘limited-time’ email marketing tactics

Nike class action lawsuit overview:

• Who: Plaintiff Harrison Ma filed a class action lawsuit against Nike Inc.
• Why: Ma claims Nike sends misleading promotional emails that create a false sense of urgency for consumers.
• Where: The Nike class action lawsuit was filed in Washington state court.

Nike sends promotional emails with misleading subject lines to trick consumers into thinking they must act quickly to take advantage of discounts that do not have a legitimate expiration date, a new class action lawsuit alleges.

Plaintiff Harrison Ma’s class action lawsuit claims Nike sends promotional emails that create a false sense of urgency for consumers and “choke” their inboxes with repeated false notifications claiming they must act quickly to take advantage of a sale.

Ma alleges he received a promotional email from Nike on June 10, 2022, with a subject line that read “2 days only: save up to 50%,” which he claims implied the sale would only last until June 11, 2022.

However, Ma argues he received subsequent emails from Nike showing the company planned to offer the same deal until June 18, 2022.

Nike class action alleges company violates Washington consumer protection laws

Ma claims Nike sent him another promotional email on July 9, 2023, with the subject line “The ultimate sale starts now,” which he argues falsely implied a sale offering up to 60% off would be short lived.

The plaintiff argues Nike is aware when it sends misleading promotional emails to Washington residents and has several ways to find out where they are located, such as by tracking their IP addresses or purchasing access to databases maintained by companies, such as Oracle.

Ma claims Nike is guilty of violating Washington state consumer protection laws. He demands a jury trial and requests declaratory and injunctive relief and an award of actual and statutory damages for himself and all class members.

Meanwhile, Nike recently faced a class action lawsuit alleging it abandoned a non-fungible token (NFT) project after hyping up its value, leaving investors holding the bag.

Have you received a promotional email from Nike? Let us know in the comments.

The plaintiff is represented by Walter M. Smith of Smith & Dietrich Law Offices PLLC, Lynn A. Toops and Ian R. Bensberg of Cohen Malad LLP and J. Gerard Stranch IV of Stranch, Jennings & Garvey PLLC.

The Nike class action lawsuit is Ma v. Nike Inc., Case No. 25-2-16073-4 KNT, in the Superior Court of the State of Washington, King County.

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