Crocs Sent “Today Only” Email Sale That Ran For Days, Washington Lawsuit Claims

Crocs faces a class action lawsuit alleging it sent deceptive promotional emails with false urgency claims like “Today Only! EXTRA 50% off” that continued for multiple days, violating Washington’s Commercial Electronic Mail Act and Consumer Protection Act. Filed December 27, 2025, in Colorado federal court, the lawsuit claims Crocs used misleading subject lines to trick recipients into opening emails and making purchases.

Here’s the kicker: under Washington law, each misleading email triggers a $500 statutory penalty without requiring proof of actual damages—and Crocs sent these emails to potentially hundreds of thousands of Washington residents.

If You Received Crocs Promotional Emails With Fake Urgency

You saw “Today Only” in the subject line and felt pressure to buy immediately. You believed the 50% discount would disappear tomorrow. Maybe you purchased Crocs you weren’t planning to buy because the email created artificial urgency.

But according to plaintiff John Gay’s lawsuit, that December 12, 2025 “Today Only! EXTRA 50% off select styles” email wasn’t true. Crocs sent the identical offer on December 13 and December 14. The urgency was fake. The deadline was manufactured.

Washington law specifically prohibits this tactic. You had a right to truthful email subject lines. When companies lie in subject lines to manipulate your purchasing decisions, they break the law—and you may be entitled to compensation.

What the Crocs Promotional Email Lawsuit Alleges

What Specific Violations Are Alleged?

The lawsuit is Gay v. Crocs Retail LLC, Case No. 1:25-cv-04177, filed in the U.S. District Court for the District of Colorado on December 27, 2025. Plaintiff John Gay seeks to represent all Washington residents who received similar deceptive emails from Crocs over the past four years.

The complaint alleges violations of Washington’s Commercial Electronic Mail Act (CEMA), codified at RCW 19.190. CEMA prohibits sending commercial emails with false or misleading information in subject lines. The law exists to protect consumers from spam and deceptive email marketing tactics.

Violations of CEMA automatically constitute violations of Washington’s Consumer Protection Act. This is important because the Consumer Protection Act allows for treble damages—three times actual damages—when consumers can prove actual harm.

What Laws Prohibit False and Misleading Promotional Emails?

Washington’s CEMA (RCW 19.190.020) specifically forbids commercial emails containing “false or misleading information in the subject line.” The Washington Supreme Court clarified in April 2025 that this prohibition applies to ANY false or misleading information—not just information that disguises the commercial nature of the email.

The Federal CAN-SPAM Act (15 U.S.C. § 7701 et seq.) also regulates commercial email, prohibiting materially false or misleading header information and deceptive subject lines. However, CAN-SPAM is primarily enforced by government agencies, not individual consumers.

State consumer protection acts in all 50 states prohibit deceptive trade practices. The FTC Act Section 5 (15 U.S.C. § 45) prohibits unfair or deceptive acts affecting commerce.

What Makes “Today Only” Subject Lines Misleading?

The lawsuit provides a clear example. On December 12, 2025, Crocs sent an email with the subject line “Today Only! EXTRA 50% off select styles.” The subject line unambiguously states the offer ends “today”—December 12.

However, Crocs allegedly sent the identical offer to consumers on December 13 and December 14. The promotion wasn’t “today only.” It continued for at least three days.

This creates false urgency. Consumers believe they must act immediately or miss out. That pressure drives purchases consumers might not otherwise make. When the urgency is fabricated, it’s deceptive.

The lawsuit states: “Crocs frequently uses the subject line to disguise the true commercial purpose of the email and trick the recipient into opening it.”

Who Filed This Lawsuit?

John Gay, a Washington resident who received Crocs’ deceptive emails, filed the lawsuit. He’s represented by Kevin J. Cole of KJC Law Group APC, a firm specializing in consumer protection class actions.

Gay seeks class certification representing all Washington residents who received similar misleading emails from Crocs within the past four years. Washington has approximately 7.8 million residents, and email marketing lists for major retailers like Crocs can include hundreds of thousands of subscribers.

What Does Crocs Know About Washington Recipients?

The lawsuit argues Crocs knows or should know many email recipients are Washington residents. Companies can determine recipient location through shipping addresses from previous online orders and by tracking where recipients click links in emails using IP address geolocation.

What Crocs Allegedly Did Wrong

What Did the Promotional Emails Claim?

The December 12 email is the primary example, but the lawsuit suggests this is part of a pattern. Crocs allegedly “frequently” uses misleading subject lines to create false urgency and trick recipients into opening emails.

Common deceptive tactics in promotional emails include: “Today Only” for promotions lasting multiple days, “Final Hours” for sales that continue beyond the deadline, countdown timers that reset or extend, “Last Chance” language for recurring promotions, and “Exclusive” or “Members Only” offers available to all email subscribers.

Why Did Crocs Use These Tactics?

Email marketing relies heavily on open rates and click-through rates. Subject lines determine whether recipients open emails. Urgency language significantly increases open rates because consumers fear missing out.

Companies face competitive pressure to maximize email performance. Using urgency language—even when false—drives higher engagement and more sales. This creates incentive to exaggerate urgency claims.

Why Were Consumers Deceived?

Reasonable consumers take subject lines at face value. If Crocs says “Today Only,” you believe the offer ends today. You might make an immediate purchase rather than comparison shopping or waiting.

You cannot verify these claims without tracking Crocs’ promotions daily. Most consumers don’t monitor whether “today only” sales repeat tomorrow. Companies exploit this information asymmetry.

The lawsuit recognizes Washington residents rely on email subject lines when deciding which emails to open and whether to make purchases. False subject lines waste consumers’ time and manipulate purchasing decisions.

Who Can Be Part of This Lawsuit

Who Qualifies for the Class?

The proposed class includes “all Washington residents who received similar emails from Crocs over the past four years.” This appears to focus on emails with misleading urgency claims in subject lines.

You don’t need to have made purchases to be part of the class. CEMA creates liability simply for sending misleading emails—the injury is receiving the deceptive message. However, if you made purchases based on false urgency, your damages may be higher.

How Do You Know If You’re Affected?

Search your email inbox for Crocs promotional emails. Look for subject lines containing urgency language like “Today Only,” “Final Hours,” “Last Chance,” “Act Now,” or specific time limitations.

If you received these emails between December 27, 2021, and present, you’re potentially in the class period. If you live in Washington state, you meet the geographic requirement.

What About Class Certification?

The lawsuit was just filed December 27, 2025. No class has been certified yet. Crocs will likely file a motion to dismiss arguing the claims lack merit or that federal CAN-SPAM law preempts Washington’s CEMA.

If the case survives dismissal, the plaintiff will file a motion for class certification. The court must determine whether common questions exist affecting all class members and whether representing everyone together makes sense.

What Compensation Is Possible?

CEMA provides $500 statutory damages per violation without requiring proof of actual damages. Each misleading email is a separate violation. If you received 10 deceptive emails, that’s $5,000 in potential statutory damages.

If you made purchases based on false urgency and can prove actual damages, you may recover those damages plus potentially treble damages under the Consumer Protection Act.

The lawsuit seeks an injunction stopping Crocs from sending misleading emails, statutory damages for each illegal email, and attorneys’ fees and costs.

Your Rights When Companies Send Deceptive Promotional Emails

What Consumer Protection Laws Require

Commercial email subject lines must be truthful. Companies cannot use false urgency to manipulate consumers. The Washington Supreme Court’s April 2025 ruling in Brown v. Old Navy made clear that CEMA prohibits any false or misleading information in subject lines—not just information that disguises the commercial nature.

FTC guidance on promotional pricing requires that comparison pricing reflect actual selling prices and that urgency claims be genuine. “Limited time” must actually be limited.

Companies have a duty to substantiate advertising claims before making them. Crocs should have evidence that “Today Only” sales actually end “today” before using that subject line.

Why Deceptive Email Marketing Exploded

The April 2025 Washington Supreme Court decision opened floodgates. At least eight similar lawsuits have been filed in recent months against retailers including Fabletics, Cotton On, L’Oreal, Ulta, NAPA, PODS, Kohl’s, Papa John’s, Hanes, Tommy Bahama, Macy’s, Discount Tire, and Nike.

Email marketing reaches massive audiences at minimal cost. Automated systems make sending millions of emails easy. Urgency language dramatically increases engagement. Companies face competitive pressure to maximize performance.

But the $500-per-email penalty creates enormous liability exposure. Major retailers face potential damages in the millions if they sent deceptive emails to thousands of Washington residents.

CAN-SPAM Preemption Questions

Defendants in these cases argue federal CAN-SPAM law preempts state laws like CEMA. CAN-SPAM includes an express preemption provision barring state laws regulating commercial email except state laws prohibiting “falsity or deception.”

Courts are split on whether CEMA falls within this exception. The Ninth Circuit held in 2009 that some CEMA claims are preempted, but more recent cases suggest materially deceptive practices may not be preempted.

What to Do If You Received Crocs Promotional Emails

Search Your Inbox and Preserve Evidence

Open your email and search “from:crocs.com” to find all Crocs emails. Look specifically for subject lines with urgency language—”Today Only,” “Final Hours,” “Limited Time,” etc.

Take screenshots of these emails showing the subject line, date received, and email content. Save the original emails if possible. Note whether you noticed identical or similar promotions continuing beyond stated deadlines.

If you made purchases based on these emails, gather order confirmations showing purchase dates and amounts. Note whether you bought specifically because of urgency language.

Find Out If You’re Part of the Lawsuit

Monitor the case at PACER (pacer.uscourts.gov) by searching Case No. 1:25-cv-04177 in the District of Colorado. Check Kevin J. Cole and KJC Law Group APC’s website for updates about the case.

If the court certifies a class and you’re a Washington resident who received qualifying emails, you’ll likely receive formal notice by mail or email explaining your rights and options.

Do You Need to Act Now?

You’re automatically included if you meet the class definition once a class is certified, unless you opt out. You don’t need to “join” the lawsuit now.

However, preserve evidence now. Emails get deleted, screenshots are lost, and memories fade. Document what you have while it’s accessible.

Watch for deadlines if notice is sent. Missing claim deadlines can forfeit your compensation rights.

Verify Email Claims Going Forward

Be skeptical of urgency tactics. If an email says “Today Only,” consider whether the promotion might continue tomorrow. Research whether companies extend or repeat supposedly limited promotions.

Read FTC guidance on promotional pricing at ftc.gov. Report deceptive emails to the FTC’s Bureau of Consumer Protection.

Consider unsubscribing from email lists that consistently use misleading tactics.

Understanding Your Legal Options

Can You File an Individual Lawsuit?

Yes. You can opt out of the class action and sue Crocs individually. This makes sense if you received many deceptive emails or made substantial purchases based on false urgency.

At $500 per email, individual damages can add up quickly. If you received 50 misleading emails, that’s $25,000 in statutory damages before considering actual damages.

Individual lawsuits require hiring your own attorney. Consumer protection attorneys often work on contingency fees—paid from your recovery.

Time Limits to Know

Washington’s statute of limitations for CEMA violations appears to be four years based on the class definition in this lawsuit. However, statutes of limitations vary by claim type.

Consult an attorney promptly if considering individual litigation. Waiting until deadlines approach limits your options.

What Compensation Looks Like

In class actions, statutory damages are divided among all class members. If Crocs sent 100,000 deceptive emails to Washington residents and 10,000 people file claims, each might receive around $5,000 if full statutory damages are awarded ($500 × 100,000 emails ÷ 10,000 claimants).

Attorney fees consume a significant portion—typically 25-33% of any settlement. Class members receive the remainder divided based on how many qualifying emails they received.

Individual lawsuits can recover full statutory damages per email plus actual damages if you can prove them.

Where to Find Reliable Information

Official Case Records

Access federal court filings through PACER at pacer.uscourts.gov. Search Case No. 1:25-cv-04177 in the District of Colorado for the Crocs case.

The complaint, any motions filed, and court orders will appear on the docket. Reading actual court documents provides unfiltered information about allegations and legal arguments.

FTC and Consumer Protection Resources

The FTC’s Bureau of Consumer Protection provides guidance on email marketing compliance at ftc.gov. Learn about CAN-SPAM requirements and how to report deceptive emails.

Washington Attorney General’s consumer protection division offers resources about CEMA and consumer rights under Washington law.

Verify Information Carefully

Confirm information comes from legitimate sources—court documents, plaintiff’s attorney websites, or government agencies. Be skeptical of third-party sites claiming to help you join lawsuits.

Never pay fees to participate in class actions. Legitimate class actions are free to join. Scammers exploit lawsuits to collect fees from unsuspecting consumers.

Frequently Asked Questions

What is the Crocs promotional email lawsuit about?

Crocs faces a class action for allegedly sending deceptive promotional emails with false urgency claims like “Today Only! EXTRA 50% off” that actually continued for multiple days. The lawsuit alleges this violates Washington’s Commercial Electronic Mail Act, which prohibits false or misleading information in email subject lines. Filed December 27, 2025, the case seeks $500 statutory damages per deceptive email sent to Washington residents.

Can I join the lawsuit if I received Crocs promotional emails?

If you’re a Washington resident who received promotional emails from Crocs with misleading subject lines during the past four years, you’re potentially part of the class. You don’t need to actively “join”—you’re automatically included once the court certifies the class unless you opt out. You don’t need to have made purchases to qualify under CEMA, which creates liability simply for sending deceptive emails.

How much money can I get from the Crocs email lawsuit?

Washington’s CEMA provides $500 statutory damages per violation without requiring proof of actual harm. Each misleading email is a separate violation. Potential compensation depends on how many deceptive emails you received, how many class members file claims, and what settlement or judgment is reached. Individual payments in similar cases vary widely based on these factors.

What did Crocs do that violated the law?

The lawsuit alleges Crocs sent emails with subject lines claiming “Today Only” sales that actually continued for multiple days, creating false urgency to manipulate consumers into making immediate purchases. Washington’s Commercial Electronic Mail Act prohibits any false or misleading information in commercial email subject lines. The Washington Supreme Court ruled in April 2025 that this prohibition applies broadly to any inaccurate information, not just information disguising the email’s commercial nature.

Do I need to have made a purchase to be part of the lawsuit?

No. CEMA creates liability for sending misleading emails regardless of whether recipients made purchases. The injury is receiving deceptive communications. However, if you made purchases based on false urgency claims, you may have additional damages beyond the $500 statutory penalty, potentially including actual damages and treble damages under Washington’s Consumer Protection Act.

Can companies send emails with fake “limited time” offers?

No. Commercial emails must contain truthful information in subject lines. Claims like “Today Only” or “Limited Time” must be accurate. Creating false urgency through misleading time limitations violates Washington’s CEMA and potentially violates consumer protection laws in other states. The FTC also requires that promotional claims be substantiated and not misleading.

When will this lawsuit be settled?

The lawsuit was just filed December 27, 2025, so settlement timing is uncertain. Similar email marketing cases typically take 1-3 years. Crocs will likely file a motion to dismiss. If the case survives, class certification proceedings occur, followed by discovery. Most cases settle before trial, but timeline depends on how aggressively both sides litigate and whether preemption or other legal issues are appealed.

Pro Tip: Take screenshots of promotional emails with urgency language before they expire from your inbox. Email services delete old messages, and companies can’t claim you never received deceptive emails if you have dated screenshots showing subject lines and content.

Disclaimer: This article about Crocs being sued over alleged false and misleading promotional emails is informational only, based on the December 27, 2025 lawsuit filing and publicly available information. Case details may change as litigation proceeds through motions, discovery, and potential settlement. AllAboutLawyer.com doesn’t represent any party and doesn’t provide legal services. This isn’t legal advice about your situation. For specific questions about whether you’re part of the class or your legal options, consult a qualified consumer protection attorney.

Learn More: Understand your rights in Gmail class action lawsuits and how kaiser caught sharing your medical data consumer protection laws protect you from deceptive marketing.

Stay informed, stay protected. — AllAboutLawyer.com

Last Updated: January 14, 2026 — We keep this current with the latest legal developments

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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