Class action claims Ulta misleads shoppers with false ‘free gift’ emails

Ulta class action lawsuit overview:

• Who: Plaintiff Veronica Repperger and three others filed a class action lawsuit against Ulta Salon, Cosmetics & Fragrance Inc.
• Why: The plaintiffs claim Ulta sends emails with misleading subject lines to consumers.
• Where: The Ulta class action lawsuit was filed in Washington state court.

A new class action lawsuit alleges Ulta sends emails with misleading subject lines to consumers to entice them into opening the emails and making purchases.

Lead plaintiff Veronica Repperger and three others claim Ulta’s emails falsely represent offers as “free gifts” without disclosing required conditions, such as minimum purchase amounts.

“Upon opening the email, the body reveals that the ‘free’ gifts require qualifying purchases,” the Ulta class action lawsuit says.

The plaintiffs argue the subject lines of Ulta’s emails are misleading since they omit material conditions and lead reasonable consumers to believe the gifts are truly free without having to make a minimum purchase.

Ulta emails violate FTC guidelines, class action alleges

Repperger and the other plaintiffs argue Ulta’s emails violate Federal Trade Commission guidelines that state the term “free” indicates that the recipient pays nothing for the item and no more than the regular price for any required purchase.

“Defendant’s Free Gift Emails ‘free gift’ offers are not free but contingent on purchases, and these conditions are not disclosed ‘at the outset’ as required,” the Ulta class action lawsuit says.

The plaintiffs further argue Ulta sends emails with subject lines that falsely represent unqualified discounts on purchases without disclosing material exclusions.

“Upon opening the email, however, the body reveals that there are significant exclusions that do not qualify for the percentage discount,” the Ulta class action lawsuit says.

The plaintiffs claim Ulta is guilty of violating the Washington Commercial Electronic Mail Act and the Washington Consumer Protection Act. They demand a jury trial and request declaratory and injunctive relief and an award of statutory and treble damages for themselves and all class members.

Earlier, Ulta faced a class action lawsuit claiming it misrepresented its “Conscious Beauty” products as made with “clean ingredients,” even though they contain numerous ingredients excluded under the company’s “Made Without List.”

Have you ever received an email from Ulta with a misleading subject line? Let us know in the comments.

The plaintiffs are represented by Cory L. Zajdel and David M. Trojanowski of Z Law LLC.

The Ulta class action lawsuit is Repperger, et al. v. Ulta Salon, Cosmetics & Fragrance Inc., Case No. 2:25-cv-02398, in the Superior Court of the State of Washington, County of Island.

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