*SB0328.1*
February 10, 2023
SENATE BILL No. 328
_____
DIGEST OF SB 328 (Updated February 8, 2023 3:16 pm - DI 149)
Citations Affected: IC 4-12; IC 24-5.
Synopsis: Enforcement of deceptive consumer sales act. Provides that
the agency settlement fund administered by the budget agency does not
include costs and expenses, including reasonable attorney's fees and
expert fees, received by the attorney general in connection with an
action brought by the attorney general under the deceptive consumer
sales act (act). Amends the definition of "consumer transaction" for
purposes of the act to include conduct that arises from, occurs in
connection with, or otherwise involves a transaction between
commercial entities if the conduct results in harm to consumers.
Provides that in an action for an injunction brought by the attorney
general under the act, the court may order the supplier to pay the costs
and expenses of the action, including reasonable attorney's fees and
expert fees. Provides that any award, judgment, or settlement for the
costs and expenses of the attorney general's action, including
reasonable attorney's fees and expert fees, shall be deposited in the
consumer protection judgment fund and used to support the efforts of
the division of consumer protection. Provides that an action that arises
from, or otherwise involves, a consumer transaction that: (1) involves
a transaction between commercial entities; and (2) results in harm to
consumers; may only be brought and enforced by the attorney general.
Provides that the attorney general may not bring an action under the act
more than five years after the occurrence of the deceptive act.
Effective: July 1, 2023.
Messmer, Koch, Randolph Lonnie M
January 12, 2023, read first time and referred to Committee on Judiciary.
February 9, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
SB 328—LS 6868/DI 101 February 10, 2023
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 328
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-12-16-3, AS AMENDED BY P.L.141-2021,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 3. (a) The fund consists of:
4 (1) except as provided in subsections (b) and (c), all funds
5 received by the state under:
6 (A) multistate and Indiana specific settlements;
7 (B) assurances of voluntary compliance accepted by the
8 attorney general; and
9 (C) any other form of agreement that:
10 (i) is enforceable by a court; and
11 (ii) settles litigation between the state and another party; and
12 (2) all money recovered as court costs or costs related to
13 litigation.
14 (b) Any amount of restitution that is:
15 (1) awarded to an individual or institution under a settlement or
16 assurance of voluntary compliance;
17 (2) unclaimed by an individual or institution;
SB 328—LS 6868/DI 101 2
1 (3) received by a state agency; and
2 (4) determined to be abandoned property under IC 32-34-1.5;
3 must be deposited in the abandoned property fund under
4 IC 32-34-1.5-42.
5 (c) The fund does not include the following:
6 (1) Funds received by the state department of revenue.
7 (2) Funds required to be deposited in the securities division
8 enforcement account (IC 23-19-6-1).
9 (3) Funds received as the result of a civil forfeiture under
10 IC 34-24-1.
11 (4) Funds received as a civil penalty or as part of an enforcement
12 or collection action by an agency authorized to impose a civil
13 penalty or engage in an enforcement or collection action, if the
14 funds are required to be deposited in the general fund or another
15 fund by statute.
16 (5) Funds recovered by the Medicaid fraud control unit in actions
17 to recover money inappropriately paid out of or obtained from the
18 state Medicaid program.
19 (6) Amounts required to be paid as consumer restitution or
20 refunds in settlements specified in this chapter.
21 (7) Amounts received under the Master Settlement Agreement (as
22 defined in IC 24-3-3-6).
23 (8) Costs and expenses, including reasonable attorney's fees
24 and expert fees, received by the attorney general in
25 connection with an action brought by the attorney under
26 IC 24-5-0.5-4(c), as provided for in IC 24-5-0.5-4(c)(7).
27 SECTION 2. IC 24-5-0.5-2, AS AMENDED BY P.L.280-2019,
28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2023]: Sec. 2. (a) As used in this chapter:
30 (1) "Consumer transaction" means a sale, lease, assignment,
31 award by chance, or other disposition of an item of personal
32 property, real property, a service, or an intangible, except
33 securities and policies or contracts of insurance issued by
34 corporations authorized to transact an insurance business under
35 the laws of the state of Indiana, with or without an extension of
36 credit, to a person for purposes that are primarily personal,
37 familial, charitable, agricultural, or household, or a solicitation to
38 supply any of these things. However, the term includes the
39 following:
40 (A) A transfer of structured settlement payment rights under
41 IC 34-50-2.
42 (B) An unsolicited advertisement sent to a person by telephone
SB 328—LS 6868/DI 101 3
1 facsimile machine offering a sale, lease, assignment, award by
2 chance, or other disposition of an item of personal property,
3 real property, a service, or an intangible.
4 (C) The collection of or attempt to collect a debt by a debt
5 collector.
6 (D) Conduct that is described in section 3(a) of this chapter
7 and that arises from, occurs in connection with, or
8 otherwise involves a transaction between commercial
9 entities if the conduct results in harm to consumers.
10 (2) "Person" means an individual, corporation, the state of Indiana
11 or its subdivisions or agencies, business trust, estate, trust,
12 partnership, association, nonprofit corporation or organization, or
13 cooperative or any other legal entity.
14 (3) "Supplier" means the following:
15 (A) A seller, lessor, assignor, or other person who regularly
16 engages in or solicits consumer transactions, including
17 soliciting a consumer transaction by using a telephone
18 facsimile machine to transmit an unsolicited advertisement.
19 The term includes a manufacturer, wholesaler, or retailer, or,
20 in a consumer transaction described in subdivision (1)(D),
21 a commercial entity, regardless of whether or not the person
22 deals directly with the consumer.
23 (B) A debt collector.
24 (4) "Subject of a consumer transaction" means the personal
25 property, real property, services, or intangibles offered or
26 furnished in a consumer transaction.
27 (5) "Cure" as applied to a deceptive act, means either:
28 (A) to offer in writing to adjust or modify the consumer
29 transaction to which the act relates to conform to the
30 reasonable expectations of the consumer generated by such
31 deceptive act and to perform such offer if accepted by the
32 consumer; or
33 (B) to offer in writing to rescind such consumer transaction
34 and to perform such offer if accepted by the consumer.
35 The term includes an offer in writing of one (1) or more items of
36 value, including monetary compensation, that the supplier
37 delivers to a consumer or a representative of the consumer if
38 accepted by the consumer.
39 (6) "Offer to cure" as applied to a deceptive act is a cure that:
40 (A) is reasonably calculated to remedy a loss claimed by the
41 consumer; and
42 (B) includes a minimum additional amount that is the greater
SB 328—LS 6868/DI 101 4
1 of:
2 (i) ten percent (10%) of the value of the remedy under
3 clause (A), but not more than four thousand dollars
4 ($4,000); or
5 (ii) five hundred dollars ($500);
6 as compensation for attorney's fees, expenses, and other costs
7 that a consumer may incur in relation to the deceptive act.
8 (7) "Uncured deceptive act" means a deceptive act:
9 (A) with respect to which a consumer who has been damaged
10 by such act has given notice to the supplier under section 5(a)
11 of this chapter; and
12 (B) either:
13 (i) no offer to cure has been made to such consumer within
14 thirty (30) days after such notice; or
15 (ii) the act has not been cured as to such consumer within a
16 reasonable time after the consumer's acceptance of the offer
17 to cure.
18 (8) "Incurable deceptive act" means a deceptive act done by a
19 supplier as part of a scheme, artifice, or device with intent to
20 defraud or mislead. The term includes a failure of a transferee of
21 structured settlement payment rights to timely provide a true and
22 complete disclosure statement to a payee as provided under
23 IC 34-50-2 in connection with a direct or indirect transfer of
24 structured settlement payment rights.
25 (9) "Senior consumer" means an individual who is at least sixty
26 (60) years of age.
27 (10) "Telephone facsimile machine" means equipment that has
28 the capacity to transcribe text or images, or both, from:
29 (A) paper into an electronic signal and to transmit that signal
30 over a regular telephone line; or
31 (B) an electronic signal received over a regular telephone line
32 onto paper.
33 (11) "Unsolicited advertisement" means material advertising the
34 commercial availability or quality of:
35 (A) property;
36 (B) goods; or
37 (C) services;
38 that is transmitted to a person without the person's prior express
39 invitation or permission, in writing or otherwise.
40 (12) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).
41 (13) "Debt collector" has the meaning set forth in 15 U.S.C.
42 1692(a)(6). The term does not include a person admitted to the
SB 328—LS 6868/DI 101 5
1 practice of law in Indiana if the person is acting within the course
2 and scope of the person's practice as an attorney. The term
3 includes a debt buyer (as defined in IC 24-5-15.5).
4 (b) As used in section 3(b)(15) and 3(b)(16) of this chapter:
5 (1) "Directory assistance" means the disclosure of telephone
6 number information in connection with an identified telephone
7 service subscriber by means of a live operator or automated
8 service.
9 (2) "Local telephone directory" refers to a telephone classified
10 advertising directory or the business section of a telephone
11 directory that is distributed by a telephone company or directory
12 publisher to subscribers located in the local exchanges contained
13 in the directory. The term includes a directory that includes
14 listings of more than one (1) telephone company.
15 (3) "Local telephone number" refers to a telephone number that
16 has the three (3) number prefix used by the provider of telephone
17 service for telephones physically located within the area covered
18 by the local telephone directory in which the number is listed. The
19 term does not include long distance numbers or 800-, 888-, or
20 900- exchange numbers listed in a local telephone directory.
21 SECTION 3. IC 24-5-0.5-4, AS AMENDED BY THE TECHNICAL
22 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
23 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
24 Sec. 4. (a) A person relying upon an uncured or incurable deceptive act
25 may bring an action for the damages actually suffered as a consumer as
26 a result of the deceptive act, or five hundred dollars ($500), whichever
27 is greater. The court may increase damages for a willful deceptive act
28 in an amount that does not exceed the greater of:
29 (1) three (3) times the actual damages of the consumer suffering
30 the loss; or
31 (2) one thousand dollars ($1,000).
32 Except as provided in subsection (j), (k), the court may award
33 reasonable attorney attorney's fees to the party that prevails in an
34 action under this subsection. This subsection does not apply to a
35 consumer transaction in real property, including a claim or action
36 involving a construction defect (as defined in IC 32-27-3-1(5)) brought
37 against a construction professional (as defined in IC 32-27-3-1(4)),
38 except for purchases of time shares and camping club memberships.
39 This subsection does not apply with respect to a deceptive act
40 described in section 3(b)(20) of this chapter. This subsection also does
41 not apply to a violation of IC 24-4.7, IC 24-5-12, IC 24-5-14, or
42 IC 24-5-14.5. Actual damages awarded to a person under this section
SB 328—LS 6868/DI 101 6
1 have priority over any civil penalty imposed under this chapter.
2 (b) Any person who is entitled to bring an action under subsection
3 (a) on the person's own behalf against a supplier for damages for a
4 deceptive act, may bring a class action against such supplier on behalf
5 of any class of persons of which that person is a member and which has
6 been damaged by such deceptive act subject to and under the Indiana
7 Rules of Trial Procedure governing class actions, except as herein
8 expressly provided. Except as provided in subsection (j), (k), the court
9 may award reasonable attorney attorney's fees to the party that
10 prevails in a class action under this subsection, provided that such fee
11 shall be determined by the amount of time reasonably expended by the
12 attorney and not by the amount of the judgment, although the
13 contingency of the fee may be considered. Except in the case of an
14 extension of time granted by the attorney general under
15 IC 24-10-2-2(b) in an action subject to IC 24-10, any money or other
16 property recovered in a class action under this subsection which
17 cannot, with due diligence, be restored to consumers within one (1)
18 year after the judgment becomes final shall be returned to the party
19 depositing the same. This subsection does not apply to a consumer
20 transaction in real property, except for purchases of time shares and
21 camping club memberships. This subsection does not apply with
22 respect to a deceptive act described in section 3(b)(20) of this chapter.
23 Actual damages awarded to a class have priority over any civil penalty
24 imposed under this chapter.
25 (c) The attorney general may bring an action to enjoin a deceptive
26 act, including a deceptive act described in section 3(b)(20) of this
27 chapter, notwithstanding subsections (a) and (b). However, The
28 attorney general may seek to enjoin patterns of incurable deceptive
29 acts, with respect to consumer transactions in real property. In addition,
30 the court may:
31 (1) issue an injunction;
32 (2) order the supplier to make payment of the money unlawfully
33 received from the aggrieved consumers to be held in escrow for
34 distribution to aggrieved consumers;
35 (3) for a knowing violation against a senior consumer, increase
36 the amount of restitution ordered under subdivision (2) in any
37 amount up to three (3) times the amount of damages incurred or
38 value of property or assets lost;
39 (4) order the supplier to pay to the state the reasonable costs of
40 the attorney general's investigation and prosecution related to the
41 action;
42 (5) provide for the appointment of a receiver; and
SB 328—LS 6868/DI 101 7
1 (6) order the department of state revenue to suspend the supplier's
2 registered retail merchant certificate, subject to the requirements
3 and prohibitions contained in IC 6-2.5-8-7(i), if the court finds
4 that a violation of this chapter involved the sale or solicited sale
5 of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic
6 drug lookalike substance (as defined in IC 35-31.5-2-321.5
7 (repealed)) (before July 1, 2019), a controlled substance analog
8 (as defined in IC 35-48-1-9.3), or a substance represented to be a
9 controlled substance (as described in IC 35-48-4-4.6); and
10 (7) order the supplier to pay the costs and expenses of the
11 action, including reasonable attorney's fees and expert fees.
12 Any award, judgment, or settlement for the costs and
13 expenses of the action, including reasonable attorney's fees
14 and expert fees, made or reached under this subdivision shall
15 be deposited in the consumer protection judgment fund and
16 used to support the efforts of the division of consumer
17 protection created by IC 4-6-9-1.
18 An action that arises from, or otherwise involves, a consumer
19 transaction described in section 2(a)(1)(D) of this chapter may only
20 be brought and enforced by the attorney general under this
21 subsection.
22 (d) In an action under subsection (a), (b), or (c), the court may void
23 or limit the application of contracts or clauses resulting from deceptive
24 acts and order restitution to be paid to aggrieved consumers.
25 (e) In any action under subsection (a) or (b), upon the filing of the
26 complaint or on the appearance of any defendant, claimant, or any
27 other party, or at any later time, the trial court, the supreme court, or the
28 court of appeals may require the plaintiff, defendant, claimant, or any
29 other party or parties to give security, or additional security, in such
30 sum as the court shall direct to pay all costs, expenses, and
31 disbursements that shall be awarded against that party or which that
32 party may be directed to pay by any interlocutory order by the final
33 judgment or on appeal.
34 (f) Any person who violates the terms of an injunction issued under
35 subsection (c) shall forfeit and pay to the state a civil penalty of not
36 more than fifteen thousand dollars ($15,000) per violation. For the
37 purposes of this section, the court issuing an injunction shall retain
38 jurisdiction, the cause shall be continued, and the attorney general
39 acting in the name of the state may petition for recovery of civil
40 penalties. Whenever the court determines that an injunction issued
41 under subsection (c) has been violated, the court shall award
42 reasonable costs to the state.
SB 328—LS 6868/DI 101 8
1 (g) If a court finds any person has knowingly violated section 3 or
2 10 of this chapter, other than section 3(b)(19), 3(b)(20), or 3(b)(40) of
3 this chapter, the attorney general, in an action pursuant to subsection
4 (c), may recover from the person on behalf of the state a civil penalty
5 of a fine not exceeding five thousand dollars ($5,000) per violation.
6 (h) If a court finds that a person has violated section 3(b)(19) of this
7 chapter, the attorney general, in an action under subsection (c), may
8 recover from the person on behalf of the state a civil penalty as follows:
9 (1) For a knowing or intentional violation, one thousand five
10 hundred dollars ($1,500).
11 (2) For a violation other than a knowing or intentional violation,
12 five hundred dollars ($500).
13 A civil penalty recovered under this subsection shall be deposited in
14 the consumer protection division telephone solicitation fund
15 established by IC 24-4.7-3-6 to be used for the administration and
16 enforcement of section 3(b)(19) of this chapter.
17 (i) A senior consumer relying upon an uncured or incurable
18 deceptive act including an act related to hypnotism may bring an action
19 to recover treble damages, if appropriate.
20 (j) An offer to cure is:
21 (1) not admissible as evidence in a proceeding initiated under this
22 section unless the offer to cure is delivered by a supplier to the
23 consumer or a representative of the consumer before the supplier
24 files the supplier's initial response to a complaint; and
25 (2) only admissible as evidence in a proceeding initiated under
26 this section to prove that a supplier is not liable for attorney's fees
27 under subsection (k).
28 If the offer to cure is timely delivered by the supplier, the supplier may
29 submit the offer to cure as evidence to prove in the proceeding in
30 accordance with the Indiana Rules of Trial Procedure that the supplier
31 made an offer to cure.
32 (k) A supplier may not be held liable for the attorney's fees and
33 court costs of the consumer that are incurred following the timely
34 delivery of an offer to cure as described in subsection (j) unless the
35 actual damages awarded, not including attorney's fees and costs, exceed
36 the value of the offer to cure.
37 (l) If a court finds that a person has knowingly violated section
38 3(b)(20) of this chapter, the attorney general, in an action under
39 subsection (c), may recover from the person on behalf of the state a
40 civil penalty not exceeding one thousand dollars ($1,000) per
41 consumer. In determining the amount of the civil penalty in any action
42 by the attorney general under this subsection, the court shall consider,
SB 328—LS 6868/DI 101 9
1 among other relevant factors, the frequency and persistence of
2 noncompliance by the debt collector, the nature of the noncompliance,
3 and the extent to which the noncompliance was intentional. A person
4 may not be held liable in any action by the attorney general for a
5 violation of section 3(b)(20) of this chapter if the person shows by a
6 preponderance of evidence that the violation was not intentional and
7 resulted from a bona fide error, notwithstanding the maintenance of
8 procedures reasonably adapted to avoid the error. A person may not be
9 held liable in any action for a violation of this chapter for contacting a
10 person other than the debtor, if the contact is made in compliance with
11 the Fair Debt Collection Practices Act.
12 (m) If a court finds that a person has knowingly or intentionally
13 violated section 3(b)(40) of this chapter, the attorney general, in an
14 action under subsection (c), may recover from the person on behalf of
15 the state a civil penalty in accordance with IC 24-5-14.5-12(b). As
16 specified in IC 24-5-14.5-12(b), a civil penalty recovered under
17 IC 24-5-14.5-12(b) shall be deposited in the consumer protection
18 division telephone solicitation fund established by IC 24-4.7-3-6 to be
19 used for the administration and enforcement of IC 24-5-14.5. In
20 addition to the recovery of a civil penalty in accordance with
21 IC 24-5-14.5-12(b), the attorney general may also recover reasonable
22 attorney attorney's fees and court costs from the person on behalf of
23 the state. Those funds shall also be deposited in the consumer
24 protection division telephone solicitation fund established by
25 IC 24-4.7-3-6.
26 SECTION 4. IC 24-5-0.5-5 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) No action may be
28 brought under this chapter, except under section 4(c) of this chapter,
29 unless (1) the deceptive act is incurable or (2) the consumer bringing
30 the action shall have given notice in writing to the supplier within the
31 sooner of (i) six (6) months after the initial discovery of the deceptive
32 act, (ii) one (1) year following such consumer transaction, or (iii) any
33 time limitation, not less than thirty (30) days, of any period of warranty
34 applicable to the transaction, which notice shall state fully the nature
35 of the alleged deceptive act and the actual damage suffered therefrom,
36 and unless such deceptive act shall have become an uncured deceptive
37 act.
38 (b) No action may be brought under this chapter except as expressly
39 authorized in section 4(a), 4(b), or 4(c) of this chapter. Any action
40 brought under this chapter may not be brought more than two (2) years
41 after the occurrence of the deceptive act. An action brought under
42 section 4(c) of this chapter may not be brought more than five (5)
SB 328—LS 6868/DI 101 10
1 years after the occurrence of the deceptive act.
SB 328—LS 6868/DI 101 11
COMMITTEE REPORT
Madam President: The Senate Committee on Judiciary, to which
was referred Senate Bill No. 328, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 2, delete lines 27 through 40.
Page 5, delete lines 35 through 42.
Delete pages 6 through 9.
Page 10, delete lines 1 through 32.
Page 10, line 36, delete "unfair, abusive, or deceptive act,".
Page 10, line 37, delete "omission, or practice, including an".
Page 10, line 38, after "act" delete ",".
Page 10, line 39, delete "unfair, abusive, or".
Page 10, line 40, delete "omission, or practice".
Page 10, line 41, delete "unfair, abusive,".
Page 10, line 42, before "deceptive" delete "or".
Page 10, line 42, after "act" delete ",".
Page 10, line 42, delete "omission, or practice".
Page 11, line 18, after "for" reset in roman "a".
Page 11, line 18, delete "an".
Page 11, line 19, delete "unfair, abusive, or".
Page 11, line 19, delete "omission, or practice".
Page 11, line 22, after "act" delete ",".
Page 11, line 22, delete "unfair, abusive, or".
Page 11, line 22, delete "omission, or practice,".
Page 11, line 38, reset in roman "a".
Page 11, line 38, delete "an unfair, abusive, or".
Page 11, line 38, after "act" delete ",".
Page 11, line 38, delete "omission, or".
Page 11, line 39, delete "practice".
Page 11, line 42, reset in roman "a".
Page 11, line 42, delete "an unfair,".
Page 12, line 1, delete "abusive, or".
Page 12, line 1, delete "omission, or practice,".
Page 12, line 1, reset in roman "a".
Page 12, line 1, delete "an".
Page 12, line 2, delete "unfair, abusive, or".
Page 12, line 2, after "act" delete ",".
Page 12, line 2, delete "omission, or practice".
Page 12, delete line 5.
Page 12, line 42, delete "unfair,".
SB 328—LS 6868/DI 101 12
Page 13, line 1, delete "abusive, or".
Page 13, line 1, after "acts" delete ",".
Page 13, line 1, delete "omissions or practices".
Page 13, line 37, delete "an unfair, abusive, or".
Page 13, delete line 38.
Page 13, line 39, delete "(1)".
Page 13, line 39, after "act" delete ";".
Page 13, line 39, reset in roman "including".
Page 13, line 39, delete "or".
Page 13, line 40, delete "(2)".
Page 13, line 40, delete ";".
Page 13, run in lines 37 through 41.
Page 15, delete lines 6 through 42, begin a new paragraph and
insert:
"SECTION 6. IC 24-5-0.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) No action may be
brought under this chapter, except under section 4(c) of this chapter,
unless (1) the deceptive act is incurable or (2) the consumer bringing
the action shall have given notice in writing to the supplier within the
sooner of (i) six (6) months after the initial discovery of the deceptive
act, (ii) one (1) year following such consumer transaction, or (iii) any
time limitation, not less than thirty (30) days, of any period of warranty
applicable to the transaction, which notice shall state fully the nature
of the alleged deceptive act and the actual damage suffered therefrom,
and unless such deceptive act shall have become an uncured deceptive
act.
(b) No action may be brought under this chapter except as expressly
authorized in section 4(a), 4(b), or 4(c) of this chapter. Any action
brought under this chapter may not be brought more than two (2) years
after the occurrence of the deceptive act. An action brought under
section 4(c) of this chapter may not be brought more than five (5)
years after the occurrence of the deceptive act.".
Delete page 16.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 328 as introduced.)
BROWN L, Chairperson
Committee Vote: Yeas 10, Nays 1.
SB 328—LS 6868/DI 101