BarkBox Allegedly Used Fake Insider Deals in Marketing Emails

The lawsuit was initiated by plaintiff Brylee Davidson against BarkBox Inc. The core allegation is that the company sent marketing emails to residents of Washington state using misleading subject lines regarding the nature and duration of its sales. BarkBox sells monthly subscription boxes containing dog toys, treats, and chews.

Davidson claims that BarkBox routinely sends emails that falsely describe sales as internal or employee discounts, when in reality, these sales are available to the general public on the company's website. Specifically, the complaint points to an email with the subject line “Internal Use Only: Last Day for Employee Discount,” which the plaintiff argues was fake, as the discounts were not exclusively for employees.

The lawsuit seeks to represent anyone who received promotional emails from BarkBox with subject lines advertising supposedly internal or time-limited sales or discounts. The case is currently before the U.S. District Court for the Western District of Washington, and the plaintiff is seeking class certification, damages, and a jury trial.