Orvis Lawsuit: The “Sale Ends Tonight” Email Case
Active Litigation
The Orvis lawsuit in the news is Tolentino v. The Orvis Company Inc., a proposed class action for Washington residents. It alleges Orvis marketing emails said sales were ending “tonight” or “tomorrow” and then extended them. As of October 2026 the case is paused at an early stage in Seattle federal court. There is no settlement, no claim form and no deadline for consumers.
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What the Orvis Lawsuit Says
The plaintiff alleges Orvis has used false urgency in email subject lines since at least 2022: a promotion is announced as ending “tonight” or “tomorrow,” and once that deadline passes the same offer is extended.
The main example: an email received on August 5, 2025 with the subject line “ATTN: Up to 60% off sale ends tonight!” The next day, the lawsuit alleges, Orvis extended the sale and raised the discount to up to 70% with free shipping. The complaint also points to a 2022 summer sale, a Memorial Day sale in 2024, a men’s apparel promotion in December 2024 and a Presidents’ Day sale in February 2026.
The lawsuit alleges Orvis averaged roughly 644 marketing emails a year from 2022 through 2026. The claims are under Washington’s Commercial Electronic Mail Act (CEMA) and Consumer Protection Act. The case is about the subject lines, not about Orvis products or prices. These are allegations; Orvis has not been found to have violated any law.
Case details
The case is Tolentino v. The Orvis Company Inc., No. 2:26-cv-02213, in the U.S. District Court for the Western District of Washington at Seattle, before District Judge Kymberly K. Evanson. It was filed on May 26, 2026 in King County Superior Court (No. 26-2-17031-2) and removed to federal court on June 25, 2026.
The suit follows Brown v. Old Navy, LLC, decided by the Washington Supreme Court on April 17, 2025 by a 5-4 vote. That ruling held that CEMA reaches any false or misleading information in a commercial email subject line, including statements about how long a promotion lasts; mere puffery is not covered.
An older, unrelated Orvis case was Farris v. The Orvis Company, Inc., No. 2:22-cv-00007 in the District of Vermont. It alleged that Orvis rented customer lists in violation of California’s right-of-publicity law and was closed on November 9, 2022. It has nothing to do with the email case.
Status: Paused Early, No Settlement
No class has been certified and no court has ruled on the merits. There is no settlement, no fund, no administrator and no claim form. Anything asking you to “file an Orvis email claim” is not connected to this case.
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Who Is in the Proposed Class
The proposed class is Washington residents who received a commercial email from Orvis, or sent on its behalf, with a subject line that misrepresented a sale, deal or promotion. If you live outside Washington, this lawsuit does not cover you.
You do not sign up for a class action. If a class is certified or a settlement is approved, notice goes to class members, usually by email to the address that received the messages. Keep old Orvis promotional emails rather than deleting them. They show which subject lines you received and when.
What the Case Could Be Worth
That figure is contested. Washington changed CEMA with ESHB 2274 (Chapter 135, Laws of 2026), effective June 11, 2026. It cut recipient damages to $100 or actual damages, whichever is greater, and made senders liable only if they knew, or objective circumstances showed, that a subject line was false or misleading. The new law applies to cases commenced on or after its effective date. This case was filed on May 26, 2026, before that date, and the court has not decided which version governs. Per-email math also rarely survives a settlement unchanged, so treat any headline number as a ceiling, not a forecast.
How cases like this one end
Our copy of the federal courts’ own case database covers 25,309 other fraud casesclosed in U.S. federal district courts between 2015 and 2026, 27.6% of them filed as class actions:
- 17.1% ended in a settlement recorded by the court. Another 22.9% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 17.1% and 39.9%.
- 10.2% were decided on a motion before any trial.
- 1 in 112 reached a trial (0.9%), after a median of 29.9 months.
- Median time from filing to the end of the case: 7 months.
- Only 761 of them (3%) record a money award at all; the median of those is $663,000.
These are base rates for this type of case (federal other fraud cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Orvis Lawsuit Timeline
April 17, 2025 — Brown v. Old Navy
Washington’s Supreme Court rules 5-4 that CEMA covers false or misleading facts in email subject lines, including sale deadlines.
August 5, 2025 — The Example Email
Per the complaint, Orvis sends “ATTN: Up to 60% off sale ends tonight!” and the next day extends the sale with up to 70% off.
May 26, 2026 — Lawsuit Filed
The case is filed in King County Superior Court, No. 26-2-17031-2, under CEMA and the Consumer Protection Act.
June 11, 2026 — CEMA Amended
ESHB 2274 takes effect, cutting damages to $100 per email for cases commenced from that date on.
June 25, 2026 — Removed to Federal Court
Orvis moves the case to the Western District of Washington as No. 2:26-cv-02213, before Judge Kymberly K. Evanson.
October 7, 2026 — Deadline Extended Again
Orvis’s response deadline is extended, discovery stays paused and a joint status update is due by January 15, 2027.
Three Things to Watch For
An email lawsuit invites email scams. Watch for these:
“Claim your Orvis CEMA payment” emails
There is no settlement and no administrator, so no legitimate payment notice exists. A message with a deadline in its own subject line, asking you to click and confirm your details, is the same false urgency the lawsuit is about.
Requests to forward your Orvis emails
Sites that ask you to forward old promotions or hand over your email password to “prove” your claim are collecting access to your inbox. Nothing needs to be submitted now; just keep the messages.
Guaranteed per-email payout promises
Trebled $500 is what the complaint asks for, not what anyone has been awarded. The court has not decided whether the newer $100 rule applies. Anyone guaranteeing a per-email payout is selling something.
Orvis Lawsuit — Questions People Actually Ask
Short answers to the questions people ask most about this case.
What is the Orvis lawsuit about?
Tolentino v. The Orvis Company Inc. alleges that Orvis marketing emails sent to Washington residents had subject lines saying sales were ending “tonight” or “tomorrow,” and that Orvis then extended the same offers. It claims violations of Washington’s Commercial Electronic Mail Act and Consumer Protection Act.
Is there an Orvis settlement or claim form?
No. As of October 2026 there is no settlement, no fund, no administrator, no claim form and no deadline. The next court date on the docket is a joint status update due on or before January 15, 2027.
Am I affected if I don’t live in Washington?
No. The proposed class covers Washington residents who received misleading Orvis promotional emails, because the claims rest on Washington state law.
How much money could Washington class members get?
Unknown. The complaint asks for $500 per email, trebled. A 2026 amendment to CEMA lowers the amount to $100 per email for cases commenced on or after June 11, 2026; this case was filed on May 26, 2026, and the court has not decided which rule applies.
Why are so many retailers being sued over email subject lines?
In Brown v. Old Navy (April 17, 2025), the Washington Supreme Court held that CEMA covers any false or misleading factual statement in a commercial email subject line, such as a sale deadline. That opened the door to suits like this one against retailers that email Washington residents.
Do I need to do anything right now?
No. No class has been certified, so there is nothing to join, opt out of or file. If you are in Washington, keep any Orvis promotional emails you still have, and ignore anyone offering to “register” you for a payment.
Why is Orvis closing so many stores?
That is a business decision, not part of the lawsuit. In October 2025 Orvis said it would close 31 stores and five outlets by early 2026. Its president said the company would focus on fly fishing and bird hunting and a smaller store portfolio; the company had earlier cited tariffs when announcing layoffs. Store closures do not affect the email case.
What does Orvis sell?
Orvis, founded in 1856 in Manchester, Vermont, sells fly-fishing equipment, bird-hunting gear and outdoor apparel. It sells through stores, its website and dealers, and the lawsuit concerns the marketing emails for those products, not the products themselves.
About This Information
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated - $236 billion in real payouts analyzed · See what we found
This page is for general information only and is not legal advice. Lawsuit status, eligibility, and compensation can change. Settlement Insight is not a law firm and does not represent any party. Consult a licensed attorney about your specific situation.
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