Ulta Class Action Lawsuit Claims ‘Free Gift’ Emails Mislead Shoppers

Case Overview: Consumers in Washington allege Ulta’s “free gift” promotional emails deceive shoppers by hiding purchase requirements behind misleading subject lines.

Consumers Affected: Washington residents who received Ulta promotional emails advertising “free gifts” or percentage-off discounts.

Court: Superior Court of the State of Washington, County of Island

A consumer class action lawsuit accuses Ulta Beauty of using deceptive email marketing tactics to mislead shoppers with promises of free gifts that allegedly come with undisclosed conditions.

The complaint, filed in Washington federal court, contends that Ulta’s promotional emails feature subject lines advertising “free gifts” without making clear that customers must make a qualifying purchase to receive them.

Lead plaintiff Veronica Repperger, along with three other consumers, claims the retailer’s marketing messages are crafted to boost sales by enticing recipients to open emails under false pretenses. According to the filing, the offers appear to provide no-cost items but reveal purchase requirements only after consumers click through to view the full message.

Shoppers Say “Free Gift” Emails Come With Hidden Strings

The lawsuit asserts that Ulta routinely sends promotional emails with subject lines implying shoppers can claim a gift without payment. However, once opened, the body of the email discloses that customers must meet minimum spending thresholds to qualify.

Plaintiffs argue this practice violates consumer trust and contravenes federal advertising standards. “Upon opening the email, the body reveals that the ‘free’ gifts require qualifying purchases,” the complaint states.

The plaintiffs claim these omissions mislead reasonable consumers into believing they can obtain promotional items with no purchase necessary. The lawsuit further alleges that Ulta’s subject lines omit material conditions, making the offers deceptive under both federal and state law.

Plaintiffs Cite FTC Rules on Deceptive Marketing

The filing cites Federal Trade Commission guidelines governing the use of the word “free” in marketing materials. Those rules specify that companies must clearly and conspicuously disclose any conditions connected to an offer before consumers are exposed to it.

According to the plaintiffs, Ulta fails to provide that disclosure at the outset. The complaint argues that the “Free Gift” emails violate FTC rules because they require a minimum purchase but present the offer as unconditional.

“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 filing states.

In addition, the plaintiffs allege that some of Ulta’s promotional messages include misleading percentage-off discounts. The subject lines, they claim, advertise general savings while omitting key exclusions that are only revealed after opening the email.

Washington Consumers Seek Damages and Policy Changes

The class action asserts that Ulta’s email campaigns violate two Washington statutes: the Commercial Electronic Mail Act (CEMA) and the Consumer Protection Act (CPA). Both laws prohibit misleading or deceptive marketing messages, including false or incomplete subject lines in commercial emails.

The plaintiffs are seeking certification of a class consisting of Washington residents who received Ulta’s promotional emails advertising “free gifts” or percentage-off discounts. They request injunctive relief to stop the retailer from using similar marketing tactics in the future, as well as statutory, treble, and punitive damages for affected consumers.

Retail Email Promotions Face Heightened Legal Scrutiny

The complaint against Ulta follows a series of recent lawsuits challenging email marketing and digital promotion tactics across major consumer brands. 

In Washington state, Nike is facing litigation over promotional emails that allegedly used misleading time-sensitive subject lines such as “Ends Tonight” and “Only a Few Hours Left,” even when the advertised deals were extended for several days.

According to that complaint, such tactics are designed to create false urgency, pushing consumers to make purchases they might otherwise delay or reconsider.

Similar claims have been filed against companies in retail and e-commerce sectors, focusing on whether subject lines and digital offers accurately describe the terms of the promotions they advertise.

Case Details

• Lawsuit: Repperger, et al. v. Ulta Salon, Cosmetics & Fragrance Inc
• Case Number: 2:25-cv-02398
• Court: Superior Court of the State of Washington, County of Island

Plaintiffs' Attorney

• Cory L. Zajdel and David M. Trojanowski (Z Law LLC)

Have you ever clicked a “free gift” offer only to find out you had to buy something first? Tell us your experience below.