Orvis class action lawsuit overview:
- Who: Plaintiff Mary Ann Tolentino filed a class action lawsuit against The Orvis Company Inc., which does business as Orvis.
- Why: Tolentino claims Orvis sends Washington consumers spam emails with subject lines that falsely say its sales are about to end.
- Where: The Orvis class action lawsuit was removed to Washington federal court.
A new class action lawsuit alleges Orvis sends Washington residents marketing emails with subject lines that create a false sense of urgency about when its sales will end.
Plaintiff Mary Ann Tolentino claims the retailer tells consumers a promotion ends “tonight” or “tomorrow,” then extends the same offer once the advertised deadline passes. She alleges the practice dates to at least 2022 and violates a Washington law barring misleading email subject lines.
Tolentino says she received an Orvis email on Aug. 5, 2025, with the subject line “ATTN: Up to 60% off sale ends tonight!” The next day, she alleges, Orvis announced the sale was extended and raised the discount to up to 70% with free shipping.
“This false urgency wastes consumers’ time by enticing them to engage with the defendant’s marketing for fear of missing out,” the Orvis class action lawsuit says. “It also floods consumers’ email inboxes with repeated false notifications that the time to act is short.”
Tolentino wants to represent a statewide class of all Washington residents who received a commercial email sent by Orvis, on its behalf or with its assistance, with a subject line that misrepresented the facts of a sale, deal or promotion.
Orvis sent nearly two spam emails per day, lawsuit alleges
The Orvis class action lawsuit alleges the company averaged roughly 644 marketing emails per year from 2022 through 2026, or nearly two per day.
Tolentino claims the pattern of alleged spam emails with fake headlines repeated during a Memorial Day sale in 2024, a men’s apparel promotion in December 2024 and a Presidents’ Day sale in February 2026.
Previously, during a 2022 summer sale, Tolentino claims Orvis sent subject lines reading “It’s almost over! Our Summer Sale ends tomorrow” and “Last call! Our Summer Sale ends tonight!” before announcing the next day that the sale was extended.
The Orvis class action lawsuit is suing for violation of Washington’s Commercial Electronic Mail Act (CEMA) and Consumer Protection Act. The plaintiff demands a jury trial and requests a permanent injunction, actual or liquidated damages of $500 per violation, trebled, and attorneys’ fees and costs.
Meanwhile, Hickory Farms is also facing a CEMA lawsuit for allegedly sending Washington consumers emails with false or misleading subject lines.
Have you ever received an Orvis spam email saying a sale was about to end? Let us know in the comments.
The plaintiff is represented by Samuel J. Strauss and Raina C. Borrelli of Strauss Borrelli PLLC; Lynn A. Toops, Natalie A. Lyons and Ian R. Bensberg of CohenMalad LLP; and Gerard J. Stranch IV, Michael C. Tackeff and Andrew K. Murray of Stranch Jennings & Garvey PLLC.
The Orvis class action lawsuit is Tolentino v. The Orvis Company Inc., Case No. 2:26-cv-02213, in the U.S. District Court for the Western District of Washington.
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