The Senate Judiciary Committee heard SB 328 authored by Sen. Messmer on enforcement of deceptive consumer sales act. This bill:
- provides that the agency settlement fund administered by the budget agency does not include costs and expenses, including reasonable attorney’s fees and expert fees, received by the attorney general in connection with an action brought by the attorney general under the deceptive consumer sales act (act);
- amends various provisions of the act to specify that it applies to unfair, abusive or deceptive acts, omissions or practices in connection with a consumer transaction;
- amends the definition of “consumer transaction” for purposes of the act to include conduct that arises from, occurs in connection with, or otherwise involves a transaction between commercial entities if the conduct results in harm to consumers;
- provides that, in an action for an injunction brought by the attorney general under the act, the court may order the supplier to pay the costs and expenses of the action, including reasonable attorney’s fees and expert fees;
- provides that any award, judgment, or settlement for the costs and expenses of the attorney general’s action, including reasonable attorney’s fees and expert fees, shall be deposited in the consumer protection judgment fund and used to support the efforts of the division of consumer protection;
- provides that an action that arises from, or otherwise involves, a consumer transaction that involves a transaction between commercial entities and results in harm to consumers, may only be brought and enforced by the attorney general.
The bill was amended to remove that the act applies to unfair, abusive, or deceptive acts, omissions or practices in connection with a consumer transaction. The amendment also removed the private right of action. The Indiana Attorney General’s Office testified in support of the bill. The amended bill passed 10-1 and will be recommitted to Appropriations.
Read the bill at https://iga.in.gov/legislative/2023/bills/senate/328