Indiana Deceptive Consumer Sales Act - IDCSA Attorney
Indiana deceptive-business claims can rise or fall on written notice deadlines under I.C. 24-5-0.5-5 and the remedies available under I.C. 24-5-0.5-4.
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Violations of the IDCSA
Indiana law prohibits unfair, abusive, and deceptive acts.
False Performance Claims
Representing that goods or services have performance, characteristics, or uses they do not possess.
Used Sold as New
Selling used, reconditioned, or reclaimed goods as brand new.
Bait and Switch
Advertising goods with the active intent not to sell them as advertised to lure you into another purchase.
False Price Advantages
Misleading a victim about reasons for, existence of, or amounts of price reductions.
The Process
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We File Suit
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Receive compensation for violations
The Indiana Deceptive Consumer Sales Act (IDCSA) does more than prohibit deceptive business practices. It also imposes notice rules and filing deadlines that can cut off a claim quickly if you wait too long.
For many "uncured" deceptive-act claims, I.C. 24-5-0.5-5 requires written notice to the supplier within the earliest applicable deadline: six months after you discover the deception, one year after the transaction, or the applicable warranty deadline if that deadline is at least 30 days. Missing that notice window can end the claim before a lawsuit is ever filed.
If the deceptive act is actionable, I.C. 24-5-0.5-4 allows recovery of actual damages or $500, whichever is greater, and permits increased damages for willful conduct up to the greater of three times actual damages or $1,000. Attorney's fees may also be available to a prevailing party. Separate from the notice rules, the statute also imposes a hard two-year filing limit measured from the occurrence of the deceptive act.
We protect Indiana consumers by focusing on the timeline as well as the misconduct. Hyslip Legal reviews the transaction documents, warranty language, notice history, and damages record before the deadline issues get worse.
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The Earliest Notice Deadline Controls Under I.C. 24-5-0.5-5
Indiana's pre-suit notice rule is unusually strict. Unless the deceptive act is "incurable," you generally cannot sue until you have sent written notice to the supplier and given the supplier the chance to cure the problem.
Under I.C. 24-5-0.5-5, the written notice must usually be sent by the earliest of these deadlines:
- Six (6) months after the initial discovery of the deceptive act.
- One (1) year following the consumer transaction.
- The applicable warranty deadline, so long as it is at least thirty (30) days.
The notice must fully describe the alleged deceptive act and the actual damages you suffered. If the claim is based on an uncured deceptive act, the supplier then has a statutory opportunity to offer a cure. Waiting too long to send the notice can be fatal even when the underlying misconduct is obvious.
Bring the Contract, Warranty, and Timeline
IDCSA cases often turn on the transaction date, the discovery date, the warranty deadline, and whether you already sent a written notice that meets the statute.
Start Your Free Case ReviewWhat Counts as an Actionable IDCSA Claim?
Under Indiana Code (I.C.) 24-5-0.5-3, the law bans a wide range of deceptive acts. To win under the IDCSA, a consumer generally falls into one of two categories:
- The "Incurable" Deceptive Act: This is an act completed by a business or supplier as part of a deliberate "scheme, artifice, or device with intent to defraud or mislead." Because the intent was malicious from the start, you can sue immediately without first giving the business the chance to fix it.
- The "Uncured" Deceptive Act: Sometimes, a business makes a false claim about price, quality, or performance and the statute requires you to send written notice first. If the business fails or refuses to offer a proper cure within 30 days, the deceptive act becomes actionable in court.
Remedies and Damages You Can Recover
If the 30-day "cure" period expires without a resolution, or if the act was "incurable" from the start, I.C. 24-5-0.5-4 permits you to file a lawsuit seeking comprehensive financial compensation:
Actual Damages
You can recover the money you actually lost, or $500, whichever is greater.
Treble Damages (3x)
If the deceptive act was willful, the court may increase damages up to the greater of three times actual damages or $1,000.
Injunctive Relief
In addition to money, the court has the power to issue an injunction. This legally forces the bad actor to stop running their deceptive scheme, protecting other Indiana citizens from falling victim to the same trap.
Attorney Fees
The IDCSA includes a fee-shifting provision. A prevailing plaintiff can recover their reasonable attorney's fees from the offending business, allowing everyday people to afford top-tier legal representation.
The 2-Year Statute of Limitations
Notice is not the only timing rule. Under I.C. 24-5-0.5-5, actions under the consumer-damages provisions generally must be filed within two years after the occurrence of the deceptive act. That means a consumer can lose a claim either by missing the early notice deadline or by waiting too long to file after the misconduct occurred.
Enhanced Penalties for Senior Consumers
Indiana law fiercely protects its older residents. Under the IDCSA, a "senior consumer" is defined as any individual who is 60 years of age or older.
If a supplier knowingly targets or directs an unfair or deceptive act against a senior consumer, they can face an additional civil penalty of up to $5,000 per violation. This is designed to deter scammers who attempt to prey on retirees.
Important Location & Practice Notice
Legal Disclaimer: Hyslip Legal operates its primary office out of Algonquin, IL. While we handle state-level civil claims such as the Indiana IDCSA, our attorneys also maintain a robust federal practice concerning federal consumer protection laws nationwide.
You Don't Have to Accept Fraud
The IDCSA gives you the power to fight back against deceptive businesses. We know how to hold them accountable.
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Attorney Reviewed
State-law consumer claims reviewed with the governing statute in view
This page is reviewed for legal accuracy by Jeffrey S. Hyslip, Founding Attorney at Hyslip Legal. It is provided as general information and not as a promise about any specific claim or outcome.
State consumer-protection claims depend on the governing statute, the conduct at issue, the records available, and the forum handling the dispute.