The Toppe Firm has filed a pair of class action lawsuits against Ulta related to their email marketing practices. The class action lawsuits, filed in Maryland and Washington State, allege that Ulta frequently sends emails with false or misleading information in the subject lines, in violation of Maryland and Washington law. The Maryland lawsuit alleges that Ulta repeatedly falsely represented to consumers that it was their last chance to obtain a particular deal. The lawsuit alleges that these representations were false because, in many instances, it was not the consumer’s “LAST CHANCE” to obtain the deal, and there were more than mere “HOURS LEFT” to obtain the deal. The plaintiffs allege that these misrepresentations were intended to create a false sense of urgency in order to drive sales.

The plaintiffs in both class actions also allege that Ulta sends emails with subject lines offering the recipient a “FREE GIFT,” when in fact a large purchase (sometimes up to $120) was required in order to obtain the gift.

Finally, the Maryland plaintiffs allege that Ulta sends emails with subject lines offering specific cash discounts (i.e. $10 off), when in fact the consumer can only get the promised discount if they spend a minimum amount of money (i.e. they must spend $50 in order to get any discount at all).

The plaintiffs allege that these types of emails violate both Maryland and Washington law. These laws prohibit a business from making these types of allegedly false and misleading statements in email subject lines, as these types of statements have the capacity to deceive consumers. The lawsuits seek $500 in statutory damages per unlawful email, and the plaintiffs seek to represent all residents of Maryland and Washington who have received these types of emails from Ulta.

Ulta customers who wish to discuss this class action should contact Jeffrey C. Toppe at jct@toppefirm.com or submit the form on this page.