32 Degrees False Advertising Class Action Lawsuit, Were You Misled by “Today Only” Sale Emails?

32 Degrees is facing a class action lawsuit filed in Washington state court alleging the clothing retailer ran a systematic campaign of false and misleading promotional emails against Washington consumers. Plaintiffs Brittney Samaduroff and Eve Summers filed the complaint against David Peyser Sportswear, doing business as 32 Degrees, claiming the company sent emails advertising deep discounts and urgent time-limited sales that were never real. The case is in its early stage — no settlement exists and no claim form is open yet.

Quick Facts: Samaduroff, et al. v. David Peyser Sportswear Inc. d/b/a 32 Degrees, Case No. 3:26-cv-05275-TMC

Field	Detail
Lawsuit Filed	2026
Defendant	David Peyser Sportswear Inc. d/b/a 32 Degrees
Alleged Violation	Washington Commercial Electronic Mail Act (CEMA); Washington Consumer Protection Act
Who Is Affected	Washington residents who received 32 Degrees promotional emails with false discount or time-limited sale claims
Current Court Stage	Active litigation — no class certification yet
Court & Jurisdiction	U.S. District Court for the Western District of Washington
Lead Law Firm	Emery Reddy P.C.; Milberg PLLC
Next Hearing Date	TBD — case in early stage
Official Case Website	TBD — no official case website exists at this stage
Last Updated	May 22, 2026

What Is the 32 Degrees Lawsuit About? Samaduroff et al. v. David Peyser Sportswear Inc., No. 3:26-cv-05275-TMC

The lawsuit alleges 32 Degrees routinely sent promotional emails with subject lines like “Today Only,” “Ends Tonight,” and “Just Hours Left” — promoting sales of up to 90% off — yet the same or comparable sales continued well after the stated deadline passed.

The plaintiffs allege the discounts themselves were also illusory, because 32 Degrees products were almost always available at a reduced price, making the advertised “regular” and “former” prices fictitious reference points. In other words, if a product is almost never sold at its so-called “regular” price, that regular price is not real — and advertising a discount off it is a consumer fraud lawsuit waiting to happen.

The lawsuit documents dozens of examples of misleading email subject lines sent between November 2022 and March 2025, arguing the scheme was systematic and ongoing. The plaintiffs claim 32 Degrees violated Washington’s Commercial Electronic Mail Act (CEMA), which prohibits sending commercial emails with false or misleading subject lines, and that a CEMA violation also constitutes a per se violation of the Washington Consumer Protection Act. If you received 32 Degrees marketing emails in Washington during that period and found yourself clicking because a sale was “ending tonight” — only to see the same deal the next day — this lawsuit may include you. This case fits into a broader wave of false advertising class action lawsuits targeting retailers for deceptive promotional practices.

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Are You Part of the 32 Degrees Class Action Lawsuit?

Here is how to tell whether this lawsuit includes you. The plaintiffs seek to represent a specific group, and the court will ultimately define the final class.

You may be part of this class if:

• You are a Washington state resident
• You received promotional emails from 32 Degrees during the class period (November 2022 through at least March 2025)
• Those emails contained subject lines advertising time-limited sales — such as “Today Only,” “Ends Tonight,” or similar urgency language
• Those emails advertised discounts off “regular” or “former” prices that plaintiffs allege were fictitious

You are likely NOT included if:

• You reside outside Washington state
• You never subscribed to or received 32 Degrees promotional emails
• You are a director or officer of David Peyser Sportswear Inc.

No action is required from you right now. Most class members are automatically included if the case proceeds. Save any 32 Degrees marketing emails you still have — they could serve as evidence of your connection to the case. This type of consumer fraud lawsuit has become increasingly common under Washington’s CEMA statute, which courts have found applies squarely to retailers using fake urgency tactics in email marketing.

What Are 32 Degrees Plaintiffs Seeking in This Lawsuit?

The plaintiffs 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. They also request a jury trial and class action certification.

No money is available yet. No settlement fund exists. The $500-per-email figure comes directly from the statute — CEMA sets that amount as the fixed penalty for each qualifying violation. Treble damages would multiply that amount up to three times if the court finds the conduct was willful.

Beyond money, the plaintiffs are also seeking a court order forcing 32 Degrees to change how it markets to consumers going forward. This case is part of a broader surge of CEMA litigation that followed the Washington Supreme Court’s April 2025 ruling in Brown v. Old Navy, which confirmed that objective claims about sale duration — like “Today Only” — can trigger CEMA liability if proven false. Understanding how courts have handled similar false advertising class actions against retailers gives useful context for where this case could go.

What Should You Do If You Were Affected by 32 Degrees?

You do not need to do anything to stay in the class right now. If the case proceeds and the court certifies a class, you will receive notice with your options at that point. Here is what makes sense to do in the meantime:

• Keep your 32 Degrees marketing emails. Do not delete them. Subject lines showing time-limited sale claims from November 2022 through March 2025 are exactly the kind of evidence that supports a case like this.
• Take screenshots. If you still have old emails in your inbox, screenshot the subject line and the date received. This takes two minutes and could matter later.
• Monitor for updates. The case is pending in the U.S. District Court for the Western District of Washington. Check back here for developments as the case progresses.
• If you want to pursue an individual claim, you should consult a private attorney. Class counsel — attorneys M. Anderson Berry, Gregory Haroutunian, and Brandon P. Jack of Emery Reddy P.C., along with Alexander E. Wolf of Milberg PLLC — represent the class, but they do not represent you individually.

32 Degrees Class Action Lawsuit Timeline

Milestone	Date
Alleged Scheme Began	November 2022
Alleged Scheme Documented Through	March 2025
Lawsuit Filed	2026
Class Certification Motion	TBD — not yet filed
Last Major Court Ruling	TBD — case in early stage
Next Scheduled Hearing	TBD — pending court scheduling
Expected Settlement Timeline	TBD — litigation ongoing; no settlement discussions confirmed

Frequently Asked Questions

Is there a class action lawsuit against 32 Degrees? 

Yes. Samaduroff et al. v. David Peyser Sportswear Inc. d/b/a 32 Degrees, Case No. 3:26-cv-05275-TMC, is an active class action pending in the U.S. District Court for the Western District of Washington. The lawsuit alleges 32 Degrees violated CEMA and the Washington Consumer Protection Act through deceptive promotional emails.

Do I need to do anything right now to be included in the 32 Degrees lawsuit?

 No. If the court certifies the class, Washington residents who received qualifying 32 Degrees promotional emails during the class period are automatically included. You do not need to register, sign up, or contact anyone at this stage.

When will a settlement be reached in the 32 Degrees case?

 There is no settlement yet, and no timeline has been announced. Class action lawsuits of this type can take anywhere from one to several years to resolve. Watch for court updates or check back here for the latest case developments.

Can I file my own lawsuit against 32 Degrees instead of joining the class action?

 Yes, but doing so requires hiring your own attorney at your own expense. Most consumers choose to remain in the class action because it requires no cost or effort on their part. If you believe you have individual damages that go beyond what the class action covers, speak with a consumer rights lawyer for a free legal consultation.

How will I know if the 32 Degrees lawsuit settles?

 If a settlement is reached and approved by the court, the settlement administrator will mail notice to all known class members. You can also monitor the case docket directly at the U.S. District Court for the Western District of Washington.

What is CEMA and why does it matter for this lawsuit? 

CEMA is Washington’s Commercial Electronic Mail Act, a state law that prohibits companies from sending commercial emails with false or misleading subject lines. The Washington Supreme Court’s April 2025 ruling in Brown v. Old Navy clarified that objective, verifiable claims — like “Today Only” or “Just Hours Left” — can trigger CEMA liability if proven false. That ruling directly opened the door to cases like this one.

Did 32 Degrees respond to the lawsuit? 

TBD — no public response from 32 Degrees or David Peyser Sportswear has been confirmed in court records at this stage of the litigation.

Sources & References

• Complaint: Samaduroff, et al. v. David Peyser Sportswear Inc. d/b/a 32 Degrees, Case No. 3:26-cv-05275-TMC, U.S. District Court for the Western District of Washington
• Washington Commercial Electronic Mail Act (CEMA), RCW 19.190
• Washington Consumer Protection Act, RCW 19.86
• Brown v. Old Navy LLC, 567 P.3d 38 (Wash. 2025) — Washington Supreme Court ruling on CEMA scope

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against publicly available court records and primary legal sources. Last Updated: May 22, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.