Indiana Attorney General may impose civil penalties for deceptive acts against consumers

On March 17, 2025, Indiana lawmakers introduced Senate Bill 80, a legislative measure aimed at enhancing consumer protections against deceptive practices, particularly in the realm of debt collection and related activities. This bill seeks to address growing concerns about the exploitation of vulnerable consumers, especially seniors, by establishing clearer guidelines and penalties for deceptive acts.

One of the key provisions of Senate Bill 80 allows senior consumers who fall victim to uncured or incurable deceptive acts, including those related to hypnotism, to pursue treble damages. This means that if a court finds in favor of the consumer, they could potentially recover three times the amount of actual damages incurred. This provision is designed to deter deceptive practices and provide a stronger safety net for those most at risk.

The bill also introduces a mechanism for suppliers to make an "offer to cure" a deceptive act, which, if delivered timely, can limit their liability for attorney's fees and court costs. This aspect of the bill has sparked debate among lawmakers and consumer advocates, with some arguing that it may provide suppliers with an easy way to sidestep accountability, while others believe it encourages resolution before litigation.

Notably, the bill includes civil penalties for those who knowingly violate consumer protection laws, with fines reaching up to $1,000 per consumer. This provision aims to hold debt collectors and suppliers accountable for persistent noncompliance, thereby reinforcing consumer rights.

The implications of Senate Bill 80 are significant, as it not only seeks to protect consumers but also reflects a broader commitment to addressing issues of financial exploitation in Indiana. Experts suggest that if passed, the bill could lead to a decrease in deceptive practices and provide a clearer path for consumers to seek justice.

As the legislative process unfolds, stakeholders from various sectors, including consumer rights organizations and business representatives, are closely monitoring the discussions surrounding Senate Bill 80. The outcome of this bill could reshape the landscape of consumer protection in Indiana, making it a pivotal moment for residents concerned about their rights in financial transactions.