Indiana 2025 Regular Session

Indiana House Bill HB1627 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1627
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 24-4.7-3-6; IC 24-5-0.5.
7	7	Synopsis: Consumer pricing information. Provides that it is a
8	8	deceptive consumer sales act to display or advertise a purchase price
9	9	for the subject of a consumer transaction that does not include all fees
10	10	and charges other than: (1) taxes or fees imposed on the purchase by a
11	11	unit of government; or (2) reasonably expected shipping or handling
12	12	charges; that are required to be paid by the consumer to complete the
13	13	consumer transaction.
14	14	Effective: July 1, 2025.
15	15	Hatcher
16	16	January 21, 2025, read first time and referred to Committee on Commerce, Small Business
17	17	and Economic Development.
18	18	2025 IN 1627—LS 7702/DI 119 Introduced
19	19	First Regular Session of the 124th General Assembly (2025)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2024 Regular Session of the General Assembly.
29	29	HOUSE BILL No. 1627
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning trade
31	31	regulation.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 24-4.7-3-6, AS AMENDED BY P.L.148-2024,
34	34	2 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35	35	3 JULY 1, 2025]: Sec. 6. (a) The consumer protection division telephone
36	36	4 solicitation fund is established for the following purposes:
37	37	5 (1) The administration of:
38	38	6 (A) this article;
39	39	7 (B) IC 24-5-0.5-3(b)(19); IC 24-5-0.5-3(b)(20);
40	40	8 (C) IC 24-5-12;
41	41	9 (D) IC 24-5-14; and
42	42	10 (E) IC 24-5-14.5.
43	43	11 (2) The reimbursement of prosecuting attorneys for expenses
44	44	12 incurred in extraditing violators of any statute set forth in
45	45	13 subdivision (1).
46	46	14 The fund shall be used exclusively for these purposes.
47	47	15 (b) The division shall administer the fund.
48	48	16 (c) The fund consists of all revenue received:
49	49	17 (1) under this article;
50	50	2025 IN 1627—LS 7702/DI 119 2
51	51	1 (2) from civil penalties recovered under IC 24-5-0.5-4(h);
52	52	2 (3) from civil penalties recovered after June 30, 2019, under
53	53	3 IC 24-5-12-23(b);
54	54	4 (4) from civil penalties recovered after June 30, 2019, under
55	55	5 IC 24-5-14-13(b); and
56	56	6 (5) from civil penalties recovered under IC 24-5-14.5-12.
57	57	7 (d) Money in the fund is continuously appropriated to the division
58	58	8 for the purposes set forth in subsection (a).
59	59	9 (e) Money in the fund at the end of a state fiscal year does not revert
60	60	10 to the state general fund. However, if the amount of money in the fund
61	61	11 at the end of a particular state fiscal year exceeds two hundred
62	62	12 thousand dollars ($200,000), the treasurer of state shall transfer the
63	63	13 excess from the fund to the state general fund.
64	64	14 SECTION 2. IC 24-5-0.5-2, AS AMENDED BY P.L.280-2019,
65	65	15 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
66	66	16 JULY 1, 2025]: Sec. 2.(a) As used in this chapter:
67	67	17 (1) "Consumer transaction" means a sale, lease, assignment,
68	68	18 award by chance, or other disposition of an item of personal
69	69	19 property, real property, a service, or an intangible, except
70	70	20 securities and policies or contracts of insurance issued by
71	71	21 corporations authorized to transact an insurance business under
72	72	22 the laws of the state of Indiana, with or without an extension of
73	73	23 credit, to a person for purposes that are primarily personal,
74	74	24 familial, charitable, agricultural, or household, or a solicitation to
75	75	25 supply any of these things. However, the term includes the
76	76	26 following:
77	77	27 (A) A transfer of structured settlement payment rights under
78	78	28 IC 34-50-2.
79	79	29 (B) An unsolicited advertisement sent to a person by telephone
80	80	30 facsimile machine offering a sale, lease, assignment, award by
81	81	31 chance, or other disposition of an item of personal property,
82	82	32 real property, a service, or an intangible.
83	83	33 (C) The collection of or attempt to collect a debt by a debt
84	84	34 collector.
85	85	35 (2) "Person" means an individual, corporation, the state of Indiana
86	86	36 or its subdivisions or agencies, business trust, estate, trust,
87	87	37 partnership, association, nonprofit corporation or organization, or
88	88	38 cooperative or any other legal entity.
89	89	39 (3) "Supplier" means the following:
90	90	40 (A) A seller, lessor, assignor, or other person who regularly
91	91	41 engages in or solicits consumer transactions, including
92	92	42 soliciting a consumer transaction by using a telephone
93	93	2025 IN 1627—LS 7702/DI 119 3
94	94	1 facsimile machine to transmit an unsolicited advertisement.
95	95	2 The term includes a manufacturer, wholesaler, or retailer,
96	96	3 whether or not the person deals directly with the consumer.
97	97	4 (B) A debt collector.
98	98	5 (4) "Subject of a consumer transaction" means the personal
99	99	6 property, real property, services, or intangibles offered or
100	100	7 furnished in a consumer transaction.
101	101	8 (5) "Cure" as applied to a deceptive act, means either:
102	102	9 (A) to offer in writing to adjust or modify the consumer
103	103	10 transaction to which the act relates to conform to the
104	104	11 reasonable expectations of the consumer generated by such
105	105	12 deceptive act and to perform such offer if accepted by the
106	106	13 consumer; or
107	107	14 (B) to offer in writing to rescind such consumer transaction
108	108	15 and to perform such offer if accepted by the consumer.
109	109	16 The term includes an offer in writing of one (1) or more items of
110	110	17 value, including monetary compensation, that the supplier
111	111	18 delivers to a consumer or a representative of the consumer if
112	112	19 accepted by the consumer.
113	113	20 (6) "Offer to cure" as applied to a deceptive act is a cure that:
114	114	21 (A) is reasonably calculated to remedy a loss claimed by the
115	115	22 consumer; and
116	116	23 (B) includes a minimum additional amount that is the greater
117	117	24 of:
118	118	25 (i) ten percent (10%) of the value of the remedy under
119	119	26 clause (A), but not more than four thousand dollars
120	120	27 ($4,000); or
121	121	28 (ii) five hundred dollars ($500);
122	122	29 as compensation for attorney's fees, expenses, and other costs
123	123	30 that a consumer may incur in relation to the deceptive act.
124	124	31 (7) "Uncured deceptive act" means a deceptive act:
125	125	32 (A) with respect to which a consumer who has been damaged
126	126	33 by such act has given notice to the supplier under section 5(a)
127	127	34 of this chapter; and
128	128	35 (B) either:
129	129	36 (i) no offer to cure has been made to such consumer within
130	130	37 thirty (30) days after such notice; or
131	131	38 (ii) the act has not been cured as to such consumer within a
132	132	39 reasonable time after the consumer's acceptance of the offer
133	133	40 to cure.
134	134	41 (8) "Incurable deceptive act" means a deceptive act done by a
135	135	42 supplier as part of a scheme, artifice, or device with intent to
136	136	2025 IN 1627—LS 7702/DI 119 4
137	137	1 defraud or mislead. The term includes a failure of a transferee of
138	138	2 structured settlement payment rights to timely provide a true and
139	139	3 complete disclosure statement to a payee as provided under
140	140	4 IC 34-50-2 in connection with a direct or indirect transfer of
141	141	5 structured settlement payment rights.
142	142	6 (9) "Senior consumer" means an individual who is at least sixty
143	143	7 (60) years of age.
144	144	8 (10) "Telephone facsimile machine" means equipment that has
145	145	9 the capacity to transcribe text or images, or both, from:
146	146	10 (A) paper into an electronic signal and to transmit that signal
147	147	11 over a regular telephone line; or
148	148	12 (B) an electronic signal received over a regular telephone line
149	149	13 onto paper.
150	150	14 (11) "Unsolicited advertisement" means material advertising the
151	151	15 commercial availability or quality of:
152	152	16 (A) property;
153	153	17 (B) goods; or
154	154	18 (C) services;
155	155	19 that is transmitted to a person without the person's prior express
156	156	20 invitation or permission, in writing or otherwise.
157	157	21 (12) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).
158	158	22 (13) "Debt collector" has the meaning set forth in 15 U.S.C.
159	159	23 1692(a)(6). The term does not include a person admitted to the
160	160	24 practice of law in Indiana if the person is acting within the course
161	161	25 and scope of the person's practice as an attorney. The term
162	162	26 includes a debt buyer (as defined in IC 24-5-15.5).
163	163	27 (b) As used in section 3(b)(15) 3(b)(16) and 3(b)(16) 3(b)(17) of
164	164	28 this chapter:
165	165	29 (1) "Directory assistance" means the disclosure of telephone
166	166	30 number information in connection with an identified telephone
167	167	31 service subscriber by means of a live operator or automated
168	168	32 service.
169	169	33 (2) "Local telephone directory" refers to a telephone classified
170	170	34 advertising directory or the business section of a telephone
171	171	35 directory that is distributed by a telephone company or directory
172	172	36 publisher to subscribers located in the local exchanges contained
173	173	37 in the directory. The term includes a directory that includes
174	174	38 listings of more than one (1) telephone company.
175	175	39 (3) "Local telephone number" refers to a telephone number that
176	176	40 has the three (3) number prefix used by the provider of telephone
177	177	41 service for telephones physically located within the area covered
178	178	42 by the local telephone directory in which the number is listed. The
179	179	2025 IN 1627—LS 7702/DI 119 5
180	180	1 term does not include long distance numbers or 800-, 888-, or
181	181	2 900- exchange numbers listed in a local telephone directory.
182	182	3 SECTION 3. IC 24-5-0.5-3, AS AMENDED BY P.L.104-2024,
183	183	4 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
184	184	5 JULY 1, 2025]: Sec. 3. (a) A supplier may not commit an unfair,
185	185	6 abusive, or deceptive act, omission, or practice in connection with a
186	186	7 consumer transaction. Such an act, omission, or practice by a supplier
187	187	8 is a violation of this chapter whether it occurs before, during, or after
188	188	9 the transaction. An act, omission, or practice prohibited by this section
189	189	10 includes both implicit and explicit misrepresentations.
190	190	11 (b) Without limiting the scope of subsection (a), the following acts,
191	191	12 and the following representations as to the subject matter of a
192	192	13 consumer transaction, made orally, in writing, or by electronic
193	193	14 communication, by a supplier, are deceptive acts:
194	194	15 (1) That such subject of a consumer transaction has sponsorship,
195	195	16 approval, performance, characteristics, accessories, uses, or
196	196	17 benefits it does not have which the supplier knows or should
197	197	18 reasonably know it does not have.
198	198	19 (2) That such subject of a consumer transaction is of a particular
199	199	20 standard, quality, grade, style, or model, if it is not and if the
200	200	21 supplier knows or should reasonably know that it is not.
201	201	22 (3) That such subject of a consumer transaction is new or unused,
202	202	23 if it is not and if the supplier knows or should reasonably know
203	203	24 that it is not.
204	204	25 (4) That such subject of a consumer transaction will be supplied
205	205	26 to the public in greater quantity than the supplier intends or
206	206	27 reasonably expects.
207	207	28 (5) That replacement or repair constituting the subject of a
208	208	29 consumer transaction is needed, if it is not and if the supplier
209	209	30 knows or should reasonably know that it is not.
210	210	31 (6) That a specific price advantage exists as to such subject of a
211	211	32 consumer transaction, if it does not and if the supplier knows or
212	212	33 should reasonably know that it does not.
213	213	34 (7) That the supplier has a sponsorship, approval, or affiliation in
214	214	35 such consumer transaction the supplier does not have, and which
215	215	36 the supplier knows or should reasonably know that the supplier
216	216	37 does not have.
217	217	38 (8) That such consumer transaction involves or does not involve
218	218	39 a warranty, a disclaimer of warranties, or other rights, remedies,
219	219	40 or obligations, if the representation is false and if the supplier
220	220	41 knows or should reasonably know that the representation is false.
221	221	42 (9) That the consumer will receive a rebate, discount, or other
222	222	2025 IN 1627—LS 7702/DI 119 6
223	223	1 benefit as an inducement for entering into a sale or lease in return
224	224	2 for giving the supplier the names of prospective consumers or
225	225	3 otherwise helping the supplier to enter into other consumer
226	226	4 transactions, if earning the benefit, rebate, or discount is
227	227	5 contingent upon the occurrence of an event subsequent to the time
228	228	6 the consumer agrees to the purchase or lease.
229	229	7 (10) That the supplier is able to deliver or complete the subject of
230	230	8 the consumer transaction within a stated period of time, when the
231	231	9 supplier knows or should reasonably know the supplier could not.
232	232	10 If no time period has been stated by the supplier, there is a
233	233	11 presumption that the supplier has represented that the supplier
234	234	12 will deliver or complete the subject of the consumer transaction
235	235	13 within a reasonable time, according to the course of dealing or the
236	236	14 usage of the trade.
237	237	15 (11) That the consumer will be able to purchase the subject of the
238	238	16 consumer transaction as advertised by the supplier, if the supplier
239	239	17 does not intend to sell it.
240	240	18 (12) That the replacement or repair constituting the subject of a
241	241	19 consumer transaction can be made by the supplier for the estimate
242	242	20 the supplier gives a customer for the replacement or repair, if the
243	243	21 specified work is completed and:
244	244	22 (A) the cost exceeds the estimate by an amount equal to or
245	245	23 greater than ten percent (10%) of the estimate;
246	246	24 (B) the supplier did not obtain written permission from the
247	247	25 customer to authorize the supplier to complete the work even
248	248	26 if the cost would exceed the amounts specified in clause (A);
249	249	27 (C) the total cost for services and parts for a single transaction
250	250	28 is more than seven hundred fifty dollars ($750); and
251	251	29 (D) the supplier knew or reasonably should have known that
252	252	30 the cost would exceed the estimate in the amounts specified in
253	253	31 clause (A).
254	254	32 (13) That the replacement or repair constituting the subject of a
255	255	33 consumer transaction is needed, and that the supplier disposes of
256	256	34 the part repaired or replaced earlier than seventy-two (72) hours
257	257	35 after both:
258	258	36 (A) the customer has been notified that the work has been
259	259	37 completed; and
260	260	38 (B) the part repaired or replaced has been made available for
261	261	39 examination upon the request of the customer.
262	262	40 (14) Displaying or advertising a purchase price for the subject
263	263	41 of a consumer transaction that does not include all fees and
264	264	42 charges other than:
265	265	2025 IN 1627—LS 7702/DI 119 7
266	266	1 (A) taxes or fees imposed on the purchase by a unit of
267	267	2 government; or
268	268	3 (B) if the subject of the consumer transaction is a good,
269	269	4 shipping or handling charges reasonably expected to be
270	270	5 incurred by the supplier in shipping the good to the
271	271	6 consumer;
272	272	7 that are required to be paid by the consumer to complete the
273	273	8 consumer transaction.
274	274	9 (14) (15) Engaging in the replacement or repair of the subject of
275	275	10 a consumer transaction if the consumer has not authorized the
276	276	11 replacement or repair, and if the supplier knows or should
277	277	12 reasonably know that it is not authorized.
278	278	13 (15) (16) The act of misrepresenting the geographic location of
279	279	14 the supplier by listing an alternate business name or an assumed
280	280	15 business name (as described in IC 23-0.5-3-4) in a local telephone
281	281	16 directory if:
282	282	17 (A) the name misrepresents the supplier's geographic location;
283	283	18 (B) the listing fails to identify the locality and state of the
284	284	19 supplier's business;
285	285	20 (C) calls to the local telephone number are routinely forwarded
286	286	21 or otherwise transferred to a supplier's business location that
287	287	22 is outside the calling area covered by the local telephone
288	288	23 directory; and
289	289	24 (D) the supplier's business location is located in a county that
290	290	25 is not contiguous to a county in the calling area covered by the
291	291	26 local telephone directory.
292	292	27 (16) (17) The act of listing an alternate business name or assumed
293	293	28 business name (as described in IC 23-0.5-3-4) in a directory
294	294	29 assistance data base if:
295	295	30 (A) the name misrepresents the supplier's geographic location;
296	296	31 (B) calls to the local telephone number are routinely forwarded
297	297	32 or otherwise transferred to a supplier's business location that
298	298	33 is outside the local calling area; and
299	299	34 (C) the supplier's business location is located in a county that
300	300	35 is not contiguous to a county in the local calling area.
301	301	36 (17) (18) The violation by a supplier of IC 24-3-4 concerning
302	302	37 cigarettes for import or export.
303	303	38 (18) (19) The act of a supplier in knowingly selling or reselling a
304	304	39 product to a consumer if the product has been recalled, whether
305	305	40 by the order of a court or a regulatory body, or voluntarily by the
306	306	41 manufacturer, distributor, or retailer, unless the product has been
307	307	42 repaired or modified to correct the defect that was the subject of
308	308	2025 IN 1627—LS 7702/DI 119 8
309	309	1 the recall.
310	310	2 (19) (20) The violation by a supplier of 47 U.S.C. 227, including
311	311	3 any rules or regulations issued under 47 U.S.C. 227.
312	312	4 (20) (21) The violation by a supplier of the federal Fair Debt
313	313	5 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
314	314	6 rules or regulations issued under the federal Fair Debt Collection
315	315	7 Practices Act (15 U.S.C. 1692 et seq.).
316	316	8 (21) (22) A violation of IC 24-5-7 (concerning health spa
317	317	9 services), as set forth in IC 24-5-7-17.
318	318	10 (22) (23) A violation of IC 24-5-8 (concerning business
319	319	11 opportunity transactions), as set forth in IC 24-5-8-20.
320	320	12 (23) (24) A violation of IC 24-5-10 (concerning home consumer
321	321	13 transactions), as set forth in IC 24-5-10-18.
322	322	14 (24) (25) A violation of IC 24-5-11 (concerning real property
323	323	15 improvement contracts), as set forth in IC 24-5-11-14.
324	324	16 (25) (26) A violation of IC 24-5-12 (concerning telephone
325	325	17 solicitations), as set forth in IC 24-5-12-23.
326	326	18 (26) (27) A violation of IC 24-5-13.5 (concerning buyback motor
327	327	19 vehicles), as set forth in IC 24-5-13.5-14.
328	328	20 (27) (28) A violation of IC 24-5-14 (concerning automatic
329	329	21 dialing-announcing devices), as set forth in IC 24-5-14-13.
330	330	22 (28) (29) A violation of IC 24-5-15 (concerning credit services
331	331	23 organizations), as set forth in IC 24-5-15-11.
332	332	24 (29) (30) A violation of IC 24-5-16 (concerning unlawful motor
333	333	25 vehicle subleasing), as set forth in IC 24-5-16-18.
334	334	26 (30) (31) A violation of IC 24-5-17 (concerning environmental
335	335	27 marketing claims), as set forth in IC 24-5-17-14.
336	336	28 (31) (32) A violation of IC 24-5-19 (concerning deceptive
337	337	29 commercial solicitation), as set forth in IC 24-5-19-11.
338	338	30 (32) (33) A violation of IC 24-5-21 (concerning prescription drug
339	339	31 discount cards), as set forth in IC 24-5-21-7.
340	340	32 (33) (34) A violation of IC 24-5-23.5-7 (concerning real estate
341	341	33 appraisals), as set forth in IC 24-5-23.5-9.
342	342	34 (34) (35) A violation of IC 24-5-26 (concerning identity theft), as
343	343	35 set forth in IC 24-5-26-3.
344	344	36 (35) (36) A violation of IC 24-5.5 (concerning mortgage rescue
345	345	37 fraud), as set forth in IC 24-5.5-6-1.
346	346	38 (36) (37) A violation of IC 24-8 (concerning promotional gifts
347	347	39 and contests), as set forth in IC 24-8-6-3.
348	348	40 (37) (38) A violation of IC 21-18.5-6 (concerning representations
349	349	41 made by a postsecondary credit bearing proprietary educational
350	350	42 institution), as set forth in IC 21-18.5-6-22.5.
351	351	2025 IN 1627—LS 7702/DI 119 9
352	352	1 (38) (39) A violation of IC 24-5-15.5 (concerning collection
353	353	2 actions of a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
354	354	3 (39) (40) A violation of IC 24-14 (concerning towing services), as
355	355	4 set forth in IC 24-14-10-1.
356	356	5 (40) (41) A violation of IC 24-5-14.5 (concerning misleading or
357	357	6 inaccurate caller identification information), as set forth in
358	358	7 IC 24-5-14.5-12.
359	359	8 (41) (42) A violation of IC 24-5-27 (concerning intrastate inmate
360	360	9 calling services), as set forth in IC 24-5-27-27.
361	361	10 (42) (43) A violation of IC 15-21 (concerning sales of dogs by
362	362	11 retail pet stores), as set forth in IC 15-21-7-4.
363	363	12 (43) (44) A violation of IC 24-4-23 (concerning the security of
364	364	13 information collected and transmitted by an adult oriented website
365	365	14 operator), as set forth in IC 24-4-23-14.
366	366	15 (c) Any representations on or within a product or its packaging or
367	367	16 in advertising or promotional materials which would constitute a
368	368	17 deceptive act shall be the deceptive act both of the supplier who places
369	369	18 such representation thereon or therein, or who authored such materials,
370	370	19 and such other suppliers who shall state orally or in writing that such
371	371	20 representation is true if such other supplier shall know or have reason
372	372	21 to know that such representation was false.
373	373	22 (d) If a supplier shows by a preponderance of the evidence that an
374	374	23 act resulted from a bona fide error notwithstanding the maintenance of
375	375	24 procedures reasonably adopted to avoid the error, such act shall not be
376	376	25 deceptive within the meaning of this chapter.
377	377	26 (e) It shall be a defense to any action brought under this chapter that
378	378	27 the representation constituting an alleged deceptive act was one made
379	379	28 in good faith by the supplier without knowledge of its falsity and in
380	380	29 reliance upon the oral or written representations of the manufacturer,
381	381	30 the person from whom the supplier acquired the product, any testing
382	382	31 organization, or any other person provided that the source thereof is
383	383	32 disclosed to the consumer.
384	384	33 (f) For purposes of subsection (b)(12), a supplier that provides
385	385	34 estimates before performing repair or replacement work for a customer
386	386	35 shall give the customer a written estimate itemizing as closely as
387	387	36 possible the price for labor and parts necessary for the specific job
388	388	37 before commencing the work.
389	389	38 (g) For purposes of subsection (b)(15) (b)(16) and (b)(16), (b)(17),
390	390	39 a telephone company or other provider of a telephone directory or
391	391	40 directory assistance service or its officer or agent is immune from
392	392	41 liability for publishing the listing of an alternate business name or
393	393	42 assumed business name of a supplier in its directory or directory
394	394	2025 IN 1627—LS 7702/DI 119 10
395	395	1 assistance data base unless the telephone company or other provider of
396	396	2 a telephone directory or directory assistance service is the same person
397	397	3 as the supplier who has committed the deceptive act.
398	398	4 (h) For purposes of subsection (b)(18), (b)(19), it is an affirmative
399	399	5 defense to any action brought under this chapter that the product has
400	400	6 been altered by a person other than the defendant to render the product
401	401	7 completely incapable of serving its original purpose.
402	402	8 SECTION 4. IC 24-5-0.5-4, AS AMENDED BY P.L.118-2024,
403	403	9 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
404	404	10 JULY 1, 2025]: Sec. 4. (a) A person relying upon an uncured or
405	405	11 incurable deceptive act may bring an action for the damages actually
406	406	12 suffered as a consumer as a result of the deceptive act or five hundred
407	407	13 dollars ($500), whichever is greater. The court may increase damages
408	408	14 for a willful deceptive act in an amount that does not exceed the greater
409	409	15 of:
410	410	16 (1) three (3) times the actual damages of the consumer suffering
411	411	17 the loss; or
412	412	18 (2) one thousand dollars ($1,000).
413	413	19 Except as provided in subsection (k), the court may award reasonable
414	414	20 attorney's fees to the party that prevails in an action under this
415	415	21 subsection. This subsection does not apply to a consumer transaction
416	416	22 in real property, including a claim or action involving a construction
417	417	23 defect (as defined in IC 32-27-3-1(5)) brought against a construction
418	418	24 professional (as defined in IC 32-27-3-1(4)), except for purchases of
419	419	25 time shares and camping club memberships. This subsection does not
420	420	26 apply with respect to a deceptive act described in section 3(b)(20)
421	421	27 3(b)(21) of this chapter. This subsection also does not apply to a
422	422	28 violation of IC 24-4.7, IC 24-5-12, IC 24-5-14, or IC 24-5-14.5. Actual
423	423	29 damages awarded to a person under this section have priority over any
424	424	30 civil penalty imposed under this chapter.
425	425	31 (b) Any person who is entitled to bring an action under subsection
426	426	32 (a) on the person's own behalf against a supplier for damages for a
427	427	33 deceptive act may bring a class action against such supplier on behalf
428	428	34 of any class of persons of which that person is a member and which has
429	429	35 been damaged by such deceptive act, subject to and under the Indiana
430	430	36 Rules of Trial Procedure governing class actions, except as herein
431	431	37 expressly provided. Except as provided in subsection (k), the court may
432	432	38 award reasonable attorney's fees to the party that prevails in a class
433	433	39 action under this subsection, provided that such fee shall be determined
434	434	40 by the amount of time reasonably expended by the attorney and not by
435	435	41 the amount of the judgment, although the contingency of the fee may
436	436	42 be considered. Except in the case of an extension of time granted by the
437	437	2025 IN 1627—LS 7702/DI 119 11
438	438	1 attorney general under IC 24-10-2-2(b) in an action subject to IC 24-10,
439	439	2 any money or other property recovered in a class action under this
440	440	3 subsection which cannot, with due diligence, be restored to consumers
441	441	4 within one (1) year after the judgment becomes final shall be returned
442	442	5 to the party depositing the same. This subsection does not apply to a
443	443	6 consumer transaction in real property, except for purchases of time
444	444	7 shares and camping club memberships. This subsection does not apply
445	445	8 with respect to a deceptive act described in section 3(b)(20) 3(b)(21)
446	446	9 of this chapter. Actual damages awarded to a class have priority over
447	447	10 any civil penalty imposed under this chapter.
448	448	11 (c) The attorney general may bring an action to enjoin a deceptive
449	449	12 act, including a deceptive act described in section 3(b)(20) 3(b)(21) of
450	450	13 this chapter, notwithstanding subsections (a) and (b). However, the
451	451	14 attorney general may seek to enjoin patterns of incurable deceptive acts
452	452	15 with respect to consumer transactions in real property. In addition, the
453	453	16 court may:
454	454	17 (1) issue an injunction;
455	455	18 (2) order the supplier to make payment of the money unlawfully
456	456	19 received from the aggrieved consumers to be held in escrow for
457	457	20 distribution to aggrieved consumers;
458	458	21 (3) for a knowing violation against a senior consumer, increase
459	459	22 the amount of restitution ordered under subdivision (2) in any
460	460	23 amount up to three (3) times the amount of damages incurred or
461	461	24 value of property or assets lost;
462	462	25 (4) order the supplier to pay to the state the reasonable costs of
463	463	26 the attorney general's investigation and prosecution related to the
464	464	27 action;
465	465	28 (5) provide for the appointment of a receiver; and
466	466	29 (6) order the department of state revenue to suspend the supplier's
467	467	30 registered retail merchant certificate, subject to the requirements
468	468	31 and prohibitions contained in IC 6-2.5-8-7(a)(5), if the court finds
469	469	32 that a violation of this chapter involved the sale or solicited sale
470	470	33 of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic
471	471	34 drug lookalike substance (as defined in IC 35-31.5-2-321.5
472	472	35 (repealed)) (before July 1, 2019), a controlled substance analog
473	473	36 (as defined in IC 35-48-1-9.3), or a substance represented to be a
474	474	37 controlled substance (as described in IC 35-48-4-4.6).
475	475	38 (d) In an action under subsection (a), (b), or (c), the court may void
476	476	39 or limit the application of contracts or clauses resulting from deceptive
477	477	40 acts and order restitution to be paid to aggrieved consumers.
478	478	41 (e) In any action under subsection (a) or (b), upon the filing of the
479	479	42 complaint or on the appearance of any defendant, claimant, or any
480	480	2025 IN 1627—LS 7702/DI 119 12
481	481	1 other party, or at any later time, the trial court, the supreme court, or the
482	482	2 court of appeals may require the plaintiff, defendant, claimant, or any
483	483	3 other party or parties to give security, or additional security, in such
484	484	4 sum as the court shall direct to pay all costs, expenses, and
485	485	5 disbursements that shall be awarded against that party or which that
486	486	6 party may be directed to pay by any interlocutory order by the final
487	487	7 judgment or on appeal.
488	488	8 (f) Any person who violates the terms of an injunction issued under
489	489	9 subsection (c) shall forfeit and pay to the state a civil penalty of not
490	490	10 more than fifteen thousand dollars ($15,000) per violation. For the
491	491	11 purposes of this section, the court issuing an injunction shall retain
492	492	12 jurisdiction, the cause shall be continued, and the attorney general
493	493	13 acting in the name of the state may petition for recovery of civil
494	494	14 penalties. Whenever the court determines that an injunction issued
495	495	15 under subsection (c) has been violated, the court shall award
496	496	16 reasonable costs to the state.
497	497	17 (g) If a court finds any person has knowingly violated section 3 or
498	498	18 10 of this chapter, other than section 3(b)(19), 3(b)(20), 3(b)(21), or
499	499	19 3(b)(40) 3(b)(41) of this chapter, the attorney general, in an action
500	500	20 pursuant to subsection (c), may recover from the person on behalf of
501	501	21 the state a civil penalty of a fine not exceeding five thousand dollars
502	502	22 ($5,000) per violation.
503	503	23 (h) If a court finds that a person has violated section 3(b)(19)
504	504	24 3(b)(20) of this chapter, the attorney general, in an action under
505	505	25 subsection (c), may recover from the person on behalf of the state a
506	506	26 civil penalty as follows:
507	507	27 (1) For a knowing or intentional violation, one thousand five
508	508	28 hundred dollars ($1,500).
509	509	29 (2) For a violation other than a knowing or intentional violation,
510	510	30 five hundred dollars ($500).
511	511	31 A civil penalty recovered under this subsection shall be deposited in
512	512	32 the consumer protection division telephone solicitation fund
513	513	33 established by IC 24-4.7-3-6 to be used for the administration and
514	514	34 enforcement of section 3(b)(19) 3(b)(20) of this chapter.
515	515	35 (i) A senior consumer relying upon an uncured or incurable
516	516	36 deceptive act, including an act related to hypnotism, may bring an
517	517	37 action to recover treble damages, if appropriate.
518	518	38 (j) An offer to cure is:
519	519	39 (1) not admissible as evidence in a proceeding initiated under this
520	520	40 section unless the offer to cure is delivered by a supplier to the
521	521	41 consumer or a representative of the consumer before the supplier
522	522	42 files the supplier's initial response to a complaint; and
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524	524	1 (2) only admissible as evidence in a proceeding initiated under
525	525	2 this section to prove that a supplier is not liable for attorney's fees
526	526	3 under subsection (k).
527	527	4 If the offer to cure is timely delivered by the supplier, the supplier may
528	528	5 submit the offer to cure as evidence to prove in the proceeding in
529	529	6 accordance with the Indiana Rules of Trial Procedure that the supplier
530	530	7 made an offer to cure.
531	531	8 (k) A supplier may not be held liable for the attorney's fees and
532	532	9 court costs of the consumer that are incurred following the timely
533	533	10 delivery of an offer to cure as described in subsection (j) unless the
534	534	11 actual damages awarded, not including attorney's fees and costs, exceed
535	535	12 the value of the offer to cure.
536	536	13 (l) If a court finds that a person has knowingly violated section
537	537	14 3(b)(20) 3(b)(21) of this chapter, the attorney general, in an action
538	538	15 under subsection (c), may recover from the person on behalf of the
539	539	16 state a civil penalty not exceeding one thousand dollars ($1,000) per
540	540	17 consumer. In determining the amount of the civil penalty in any action
541	541	18 by the attorney general under this subsection, the court shall consider,
542	542	19 among other relevant factors, the frequency and persistence of
543	543	20 noncompliance by the debt collector, the nature of the noncompliance,
544	544	21 and the extent to which the noncompliance was intentional. A person
545	545	22 may not be held liable in any action by the attorney general for a
546	546	23 violation of section 3(b)(20) 3(b)(21) of this chapter if the person
547	547	24 shows by a preponderance of evidence that the violation was not
548	548	25 intentional and resulted from a bona fide error, notwithstanding the
549	549	26 maintenance of procedures reasonably adapted to avoid the error. A
550	550	27 person may not be held liable in any action for a violation of this
551	551	28 chapter for contacting a person other than the debtor, if the contact is
552	552	29 made in compliance with the Fair Debt Collection Practices Act.
553	553	30 (m) If a court finds that a person has knowingly or intentionally
554	554	31 violated section 3(b)(40) 3(b)(41) of this chapter, the attorney general,
555	555	32 in an action under subsection (c), may recover from the person on
556	556	33 behalf of the state a civil penalty in accordance with
557	557	34 IC 24-5-14.5-12(b). As specified in IC 24-5-14.5-12(b), a civil penalty
558	558	35 recovered under IC 24-5-14.5-12(b) shall be deposited in the consumer
559	559	36 protection division telephone solicitation fund established by
560	560	37 IC 24-4.7-3-6 to be used for the administration and enforcement of
561	561	38 IC 24-5-14.5. In addition to the recovery of a civil penalty in
562	562	39 accordance with IC 24-5-14.5-12(b), the attorney general may also
563	563	40 recover reasonable attorney fees and court costs from the person on
564	564	41 behalf of the state. Those funds shall also be deposited in the consumer
565	565	42 protection division telephone solicitation fund established by
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567	567	1 IC 24-4.7-3-6.
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