Two class actions accuse Macy’s and Discount Tire of sending emails with misleading subject lines

Macy’s and Discount Tire class action lawsuit overview:

• Who: Two groups of consumers in Washington state have filed two separate class action lawsuits against Macy’s Retail Holdings LLC and Discount Tire Co.
• Why: The plaintiffs allege both companies sent misleading promotional emails in violation of Washington State laws.
• Where: The class action lawsuits were filed in King County Superior Court and Snohomish County Superior Court, respectively.

Two new class action lawsuits accuse Macy’s Retail Holdings LLC and Discount Tire Co. of sending deceptive promotional emails to Washington residents. 

The complaints, filed in early September 2025, claim that both retailers misled consumers through the use of false “time-sensitive” marketing messages designed to create artificial urgency and manipulate purchasing behavior.

Plaintiff Stephanie Agnew and four others filed the Macy’s class action complaint Sept. 10, alleging that Macy’s repeatedly distributed commercial emails with subject lines like “Ends tonight!” or “Last chance!” even when the same sales or greater discounts reappeared days later. 

Similarly, the Discount Tire class action lawsuit, filed Sept. 9 by plaintiff Colby Hutton claims that Discount Tire sent a series of identical emails with subject lines such as “LAST DAY to save on Cooper and Goodyear tires!” only to resend the same or nearly identical offers within a few days. 

The complaint asserts that this pattern misrepresented the duration and availability of sales, creating false time pressure to drive immediate purchases.

Both class action lawsuits contend that the companies’ conduct was systematic, widespread, and intended to exploit consumer psychology. The plaintiffs maintain that these misleading email tactics caused confusion, wasted consumers’ time, and distorted fair market competition. 

The plaintiffs are seeking class certification on behalf of thousands of Washington residents who received similar deceptive marketing emails in recent years.

Emails in clear violation of Washington laws, class actions allege

The plaintiffs in both cases allege the companies violated Washington’s Commercial Electronic Mail Act (CEMA) by transmitting commercial emails with “false or misleading subject lines” to Washington consumers. 

They further assert that these same actions constitute per se violations of the Consumer Protection Act (RCW 19.86.020), which prohibits unfair or deceptive business practices.

Both Macy’s and Discount Tire allegedly used this marketing strategy to create a deceptive sense of scarcity, manipulating consumers into hurried purchasing decisions they might not otherwise make, the class action lawsuits say.

Plaintiffs in both class action lawsuits are seeking injunctive relief to stop these practices, statutory and actual damages for Washington consumers affected by the misleading emails, and recovery of attorneys’ fees and costs. The cases also seek to hold each company accountable for ongoing violations and to prevent similar email campaigns in the future.

Recently, footwear company Skechers was hit with a similar class action lawsuit in Washington State accusing the company of sending spam emails with misleading subject lines to its customers.

What do you think of the allegations made in the  Macy’s and Discount Tire spam emails class actions? Let us know in the comments.

Agnew et. al. is represented by Samuel J. Strauss of Strauss Borrelli PLLC, Lynn A. Toops, Natalie A. Lyons and Ian R. Bensberg of Cohen & Malad LLP and Gerard J. Stranch IV and Michael C. Tackeff of Stranch Jennings & Garvey PLLC.

Hutton is represented by Samuel J. Strauss of Strauss Borrelli PLL.

The Macy’s class action lawsuit is Agnew et al. v. Macy’s Retail Holdings, LLC, Case No. 25-2-26322-3 SEA, in the Superior Court of Washington, King County.

The Discount Tire class action lawsuit is Hutton v. Discount Tire Co. of Washington, Inc. et al., Case No. 25-2-08460-31, in the Superior Court of Washington, Snohomish County.

Read About More Class Action Lawsuits & Class Action Settlements:

• Class action lawsuit says Dexcom sold G7 glucose monitors that failed to warn of life-threatening glucose levels
• Class action alleges On Cloud shoes have defect that causes them to squeak
• Class action claims Hawaiian Tropic’s ‘SPF 50’ sunscreen provides far less protection
• Campbell Soup faces class action for misleading ‘natural’ labeling on V8 Energy products