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.