Indiana Deceptive Consumer Sales Act - IDCSA Attorney
Fighting Unfair and Deceptive Business Practices in Indiana.
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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
From harassment to compensation in three simple steps.
Free Review
We analyze your case at no cost
We File Suit
We take legal action against violators
You Get Paid
Receive compensation for violations
The Indiana Deceptive Consumer Sales Act (IDCSA) exists to protect Hoosiers from dishonest businesses. It explicitly prohibits "unfair, abusive, and deceptive" acts, omissions, or practices in connection with any consumer transaction.
Whether a deception is oral, written, or simply implied by conduct, if a supplier misleads you, they have broken the law. The IDCSA is a powerful tool designed to help everyday consumers fight back against corporate fraud involving everyday goods and services.
Under this statute, you can sue the offending business to recover your actual financial losses. In cases of extreme misconduct, the court can even triple those damages and force the bad actor to pay your attorney fees.
We protect Indiana families. Hyslip Legal leverages the heavy penalties of the IDCSA to fight fraud and recover what you are owed.
Call for a free legal consultation: (614) 362-3322
What Constitutes an Illegal Deceptive Act?
Under Indiana Code (I.C.) 24-5-0.5-3, the law explicitly bans a massive range of deceptive acts. To win under the IDCSA, a consumer generally faces one of two distinct categories of violations:
- 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 giving the business a chance to fix it.
- The "Uncured" Deceptive Act: Sometimes, a business accidentally makes a false claim about the price or quality of their goods. In these cases, the law requires you to send them a legal notice. If the business fails or refuses to offer a "cure" (fix the problem or refund your money) within 30 days, the deceptive act becomes actionable in court.
Is this happening to you?
You may be entitled to compensation of $500–$1,500 per violation.
Call Us NowStrict Pre-Suit Deadlines: The Notice to Cure
Unlike state consumer protection laws in other jurisdictions, the IDCSA has incredibly rigid, multi-tiered deadlines found in I.C. 24-5-0.5-5 that you must follow before stepping foot in a courtroom.
If you are dealing with an "uncured" deceptive act, you must send a formal, written demand letter to the supplier. This letter must be sent on or before the EARLIEST of the following deadlines:
- Six (6) months from the initial discovery of the deceptive act.
- One (1) year following the date of the consumer transaction.
- Thirty (30) days after any applicable warranty expires.
If you miss these incredibly tight windows, your case will be dismissed. This is why it is critical to contact an IDCSA attorney the moment you realize you are the victim of consumer fraud.
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 are entitled to the money you lost. The statute guarantees that you can recover your actual financial damages, or a statutory minimum of $500—whichever amount is greater.
Treble Damages (3x)
If a judge or jury determines that the business committed the deceptive act "willfully," they can punish the wrongdoer by awarding up to three times (3x) your actual damages, or $1,000, whichever is greater.
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
In addition to the strict pre-suit notice deadlines, the IDCSA enforces a hard two-year statute of limitations. You must officially file your lawsuit in an Indiana court within two years from the exact date the deceptive act 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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