Privacy Law Library

Deceptive Commercial Electronic Mail

IN Commercial Email

Marketing

Enacted in 2003, this chapter bans commercial email that uses a third party's domain without permission, misrepresents its origin or path, or has a false or misleading subject line. It also requires 'ADV:' and 'ADV:ADLT' subject labels on unsolicited ads and a free opt-out. Many of its labeling and opt-out rules likely overlap with, and may be preempted by, the federal CAN-SPAM Act, which preserves state laws only as to falsity or deception.

Where
Indiana
Citation
Ind. Code ch. 24-5-22 (IC 24-5-22-1 to 24-5-22-10)
Status
In force
Enforced by
Private enforcement by recipients and interactive computer services
People can sue
Yes
Penalties
Recipients and email service providers may sue for an injunction, actual damages or $500 per violating message, and attorney's fees; a good-faith-error defense is available (IC 24-5-22-10).
Applies to
  • Persons who initiate or knowingly assist the transmission of commercial email from a computer in Indiana, or to an address they know or have reason to know belongs to an Indiana resident (IC 24-5-22-7, 24-5-22-8)

What a privacy notice must say

  • Unsolicited commercial email must start its subject line with 'ADV:' ('ADV:ADLT' for age-restricted goods, credit offers, or material harmful to minors).IC 24-5-22-8(1)-(2) · Only if: No label needed where there is an existing business relationship or for member or internal communications

Rights it gives people

  • Provide a free, easy opt-out, honor removal requests, and do not pass on the addresses of recipients who opted out.IC 24-5-22-8(3)-(5)

Practices it requires

  • Do not send commercial email that uses a third party's domain without permission, misrepresents its origin or path, or has a false or misleading subject line.IC 24-5-22-7(b)-(c)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The scope of CAN-SPAM preemption (15 U.S.C. 7707(b)) of IC 24-5-22-8 was not checked against any Indiana or federal decision; it is flagged only as a caution. | The original P.L.36-2003 effective date was not confirmed.

Research reference, not legal advice.