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ARTICLE · 02 NOVEMBER 2026

Indiana Ruling Exposes Email Marketers To $500-Per-Email Class Actions

Jones Day
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A federal court ruling in Indiana has opened the door to class action lawsuits against email marketers, holding that promotional subject lines like "SO MANY FREE GIFTS INSIDE" may violate state anti-spam law even when email bodies contain full disclosures. The decision exposes businesses to $500 in statutory damages per email and creates a new litigation hotspot following similar developments in Washington state.

United StatesLitigation, Mediation & Arbitration
Mary Alexander Myers
Mary Alexander Myers
John Brigagliano
John Brigagliano
Amanda Fitzsimmons
Amanda Fitzsimmons
Christopher A. Hall (Chris)
Christopher A. Hall (Chris)
Alexander H. Southwell (Alex)
Alexander H. Southwell (Alex)
Adam W. Wiers
Adam W. Wiers
Julian E.L. Gale
Julian E.L. Gale
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On September 15, 2026, the U.S. District Court for the Southern District of Indiana allowed a putative class action under the Indiana Deceptive Commercial Electronic Mail Act ("IDCEMA") to proceed in Johnson v. Ulta Salon, Cosmetics & Fragrance, Inc., No. 1:25-cv-02521. IDCEMA bars emails with "false or misleading information in the subject line" from being sent to known Indiana residents and awards $500 in statutory damages per email, even absent actual injury.

The plaintiffs claimed that subject lines such as "SO MANY FREE GIFTS INSIDE" and "Don't miss 10% off your purchase" were misleading even when the emails' bodies disclosed minimum purchases and exclusions.

The district court's order establishes three key principles:

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