Consumer Protection Bill outlines deceptive act remedies and compensation limits

On April 8, 2025, Indiana lawmakers introduced Senate Bill 73, a legislative measure aimed at enhancing consumer protection against deceptive business practices. This bill seeks to address the growing concerns surrounding fraudulent activities that disproportionately affect vulnerable populations, particularly senior consumers aged 60 and above.

The primary focus of Senate Bill 73 is to establish clearer definitions and remedies for deceptive acts committed by suppliers. Key provisions include the introduction of an "offer to cure," which mandates that businesses provide a remedy to consumers who have reported deceptive practices. This remedy must not only address the claimed loss but also include additional compensation for attorney's fees and related expenses. Specifically, the bill stipulates that this compensation should be the greater of either 10% of the value of the remedy (capped at $4,000) or a flat fee of $500.

Furthermore, the bill outlines the conditions under which a deceptive act is considered "uncured." If a consumer notifies a supplier of a deceptive act and does not receive a satisfactory offer to remedy the situation within 30 days, or if the issue remains unresolved after accepting an offer, the act is classified as uncured. In cases where deceptive acts are part of a scheme intended to defraud, they are labeled as "incurable," which carries more severe implications for the offending supplier.

The introduction of Senate Bill 73 has sparked notable discussions among lawmakers and consumer advocacy groups. Proponents argue that the bill is a necessary step toward safeguarding consumers, particularly seniors who may be more susceptible to scams. Critics, however, express concerns about the potential burden on businesses, fearing that the requirements could lead to increased operational costs and legal challenges.

The economic implications of this bill could be significant. By enhancing consumer protections, it may foster greater trust in the marketplace, encouraging more consumers to engage in transactions without fear of deception. Conversely, businesses may need to adjust their practices to comply with the new regulations, which could lead to increased costs that may be passed on to consumers.

As the legislative process unfolds, the future of Senate Bill 73 remains uncertain. Stakeholders are closely monitoring the discussions, anticipating amendments that could either strengthen consumer protections or alleviate concerns from the business community. The outcome of this bill could set a precedent for consumer protection laws in Indiana, influencing how deceptive practices are addressed in the state moving forward.