Indiana attorney general empowered to address deceptive acts against consumers

On March 17, 2025, the Indiana Senate introduced Senate Bill 80, a legislative proposal aimed at enhancing consumer protection against deceptive business practices. The bill seeks to empower consumers by allowing them to initiate class action lawsuits against suppliers who engage in deceptive acts, thereby addressing a growing concern over fraudulent business practices that harm consumers.

Key provisions of Senate Bill 80 include the establishment of a framework for class actions under Indiana's Rules of Trial Procedure, enabling individuals to represent a class of affected consumers. The bill stipulates that courts may award reasonable attorney's fees to the prevailing party, calculated based on the time spent rather than the judgment amount. Additionally, it outlines procedures for the recovery of damages, emphasizing that any unclaimed funds after one year should be returned to the depositing party.

Notably, the bill excludes certain transactions, such as those involving real property, with specific exceptions for time shares and camping club memberships. It also grants the Indiana Attorney General the authority to intervene in cases of deceptive acts, allowing for injunctions and restitution orders, particularly in cases involving senior consumers.

The introduction of Senate Bill 80 has sparked discussions among lawmakers and consumer advocacy groups. Proponents argue that the bill is a necessary step to protect consumers from unscrupulous business practices, while opponents raise concerns about the potential for increased litigation and its impact on businesses. The bill's provisions for attorney's fees and class actions are seen as particularly contentious, with some fearing it may lead to frivolous lawsuits.

The implications of Senate Bill 80 extend beyond consumer protection; it reflects a broader trend in legislative efforts to hold businesses accountable for deceptive practices. Experts suggest that if passed, the bill could significantly alter the landscape of consumer rights in Indiana, potentially leading to increased scrutiny of business practices and a rise in class action lawsuits.

As the legislative process unfolds, stakeholders will be closely monitoring the bill's progress, anticipating debates and possible amendments that could shape its final form. The outcome of Senate Bill 80 may set a precedent for consumer protection laws in Indiana and influence similar legislative efforts in other states.