Counselor Top 40 supplier S&S Activewear (asi/84358) has filed a lawsuit claiming that promo industry service provider PromoHunt illegally accessed S&S’s proprietary data. 

The case, filed in the U.S. District Court for the Northern District of Illinois, alleges that PromoHunt illegally scraped data from the Bolingbrook, IL-based supplier by asking users to share their login credentials or API keys in violation of S&S Activewear’s Terms of Use. S&S is also accusing PromoHunt of using its service offering – a browser extension that, among other things, allows users to compare supplier prices – for “hijacking S&S’s sales.” According to S&S, PromoHunt’s Price Comparison Tool displays competitor prices and products on S&S’s website, and when users click on these comparisons, they are redirected off S&S’s site and onto the PromoHunt platform.

S&S also alleges PromoHunt used its trademarks, along with those of former Counselor Top 40 supplier alphabroder (which S&S acquired in 2024 and completed the integration of this year), on its website and in its promotional materials without authorization. This, S&S claims, gave consumers the false sense that S&S was a partner or sponsor of these assets.

In the suit, S&S also alleges that PromoHunt scraped, stored and shared its confidential data with competitors.

S&S asserts that PromoHunt is in violation of the Computer Fraud and Abuse Act. It is also accusing PromoHunt of misappropriating trade secrets as outlined in the Defense Trade Secrets Act and Trademark Infringement and False Sponsorship as outlined in the Lanham Act. According to the allegations, PromoHunt also interfered with S&S’s digital property by overlaying its Price Comparison Tool onto the site and disrupted S&S’s contractual relationship with users by suggesting the supplier’s customers breach their Terms of Use contract by supplying their login credentials.

As part of the lawsuit, S&S is asking PromoHunt to terminate all use of its trademarks, proprietary data and website overlay tools. It is also seeking relief from all financial and reputational damages, including legal costs and lost profits.

Global law firm Sidley Austin will represent S&S in this lawsuit.

On April 2, 2025, S&S Activewear allegedly sent a cease-and-desist letter to PromoHunt, informing the company that it was encouraging users to violate S&S’s Terms of Use and infringing on intellectual property rights. S&S says that despite these actions, PromoHunt continues to access or is attempting to access S&S’s computer systems and the S&S site.

PromoHunt’s website bills its offering as a “browser extension” for supplier websites. The company was founded in 2017 by CEO Tony Wavering. "PromoHunt's platform serves over 3,500 distributor users, from single-person operations to some of the industry’s largest, fastest-growing businesses, providing essential digital tools for the promotional products industry," said Wavering in a comment to ASI Media. "While we cannot comment on pending litigation, we take these matters seriously, deny any wrongdoing, and remain committed to serving our distributor community."

S&S Activewear, when contacted by ASI Media, said it can’t comment on active litigation.

S&S Activewear ranked second on Counselor’s most recent list of top suppliers, with estimated 2024 North American revenue of $3.6 billion.