Unfair and Deceptive Practices

The Indiana Deceptive Consumer Sales Act

What is it?

The Indiana Deceptive Consumer Sales Act is a law intended to affect consumers from a wide range of consumer (non-commercial) conduct. It covers unfair conduct (including things they didn’t do, but should have) committed by people and businesses that regularly engage in consumer transactions. Some examples include debt collection companies, repossession companies, car dealers, mortgage servicing companies.

Notify to the Company/Person that Wronged You.

Most of the time, even if the unfair conduct is known by the company or person that wronged you, we suggest that you send an email or a letter (something you can prove you sent) to the company detailing the unfair conduct and the ways you were affected. This might include a timeline of events and the amount of money you had to pay (or lost) as a result of the unfair conduct.

This doesn’t apply to situations involving solely commercial conduct, like a business-to-business situation.

How Long Do I have?

You only have six (6) months from the date of the unfair conduct to notify the person/company that wronged you. If you don’t meet that timeline, you have to prove a much higher standard to win your case. You have two (2) years from the date of the unfair conduct to bring your lawsuit.

For lots of reasons, we don’t typically take cases where a person delays to raise the issues. There is a lot of illegal and unfair activity plaguing consumers, and we have to be selective about the cases we take to try to help the people that need it most and take on issues that may affect the most people.

What Good Can Come of It?

A successful action to enforce your rights could nullify or limit a contract, stop an unfair practice, entitle you to compensation and require the offending party to pay for your attorney’s fees. These types of lawsuits often provide a benefit to other people who are suffering from the same illegal conduct.

Who Should I try to Hire?

Good consumer protection attorneys are typically very busy and hard to come by. These attorneys are best equipped to deal with pitfalls in litigation and have the experience to deal with the imminent challenges raised by corporations. You should be prepared with a timeline describing what happened and when, along with all proof (like photographs, emails and documents) you have.

As always, you may want to hire an attorney who knows what he or she is doing. Whether defending yourself in a lawsuit or suing the company that wronged you, the laws are rarely as simple as telling your story.