Indiana IDCSA Pre-Suit Cure Notice — § 24-5-0.5-5(a)(2)

Indiana’s IDCSA cure notice under § 24-5-0.5-5(a)(2) is a procedural step unique to Indiana that must be followed precisely to preserve treble damages.

What the cure notice requires

§ 24-5-0.5-5(a)(2) requires the consumer to give the supplier:

1. Written notice identifying the deceptive act with specificity.
2. 30 days to cure before filing a treble-damages IDCSA action.
3. Pre-suit — must be sent before filing complaint.

Why it matters

• Failure to give notice can defeat IDCSA treble damages exposure.
• Cure notice tolls the IDCSA 2-year SOL during the 30-day cure window.
• Cure refusal locks in treble damages on the table.

Best practice in any vehicle-defect IDCSA case: send the cure notice before filing suit.

When to send the cure notice

Send the IDCSA cure notice:

• Simultaneously with the Lemon Law § 24-5-13-12 written notice (efficient).
• As a separate document — different statute, different relief.
• Via certified mail, return receipt requested.

Sample IDCSA cure notice template

[Date]

[Manufacturer’s executive customer relations address] [Dealer’s address — if dealer is the defendant]

Re: NOTICE OF DECEPTIVE CONSUMER ACT UNDER IND. CODE § 24-5-0.5-5(a)(2) Vehicle: [Year/Make/Model], VIN […]

I, [Consumer Name], am providing this written notice under Ind. Code § 24-5-0.5-5(a)(2) regarding the following deceptive consumer act(s):

1. [Identify the deceptive act with specificity]
   • Example: “Failure to disclose known defect in transmission resulting in repeated repair attempts.”
   • Example: “Misrepresentation that the vehicle was free of defects at time of sale.”
   • Example: “Refusal to honor express warranty for documented nonconformity.”
2. Specific facts supporting the deceptive act:
   • [Repair history summary]
   • [Communications log]
   • [Manufacturer’s response/refusal]
3. Relief demanded to cure:
   • Refund of purchase price + sales tax + finance charges + incidental damages under Lemon Law § 24-5-13-13/14, OR
   • Replacement vehicle, OR
   • [Other specific relief]

Pursuant to § 24-5-0.5-5(a)(2), you have 30 days from receipt of this notice to cure the deceptive act by providing the relief demanded. Failure to cure within 30 days will result in legal action for actual damages, treble damages or $500 minimum (whichever greater) under § 24-5-0.5-4(a), and mandatory attorney fees under § 24-5-0.5-4(d).

Please direct any cure response to me at the address below within 30 days of receipt.

Sincerely, [Consumer Name] [Address] [Phone, Email]

Sent via certified mail, return receipt requested.

What constitutes “cure”

A “cure” means the supplier makes the consumer whole:

• Refund of all amounts paid + incidental damages.
• Replacement of the vehicle.
• Other specific performance that addresses the deceptive act.

Partial relief that doesn’t make the consumer whole is NOT a cure — treble damages remain on the table.

What is NOT a cure

• A “good faith offer” that doesn’t include full refund or replacement.
• A repair attempt that doesn’t permanently resolve the defect.
• A general settlement without addressing the specific deceptive act.

Timing strategy

The IDCSA cure notice should be sent:

1. After the 4-attempt or 30-business-day OOS threshold is met under § 24-5-13-15.
2. Simultaneously with or shortly after the Lemon Law § 24-5-13-12 notice.
3. Before filing court action.

The 30-day cure window tolls IDCSA SOL — useful if Lemon Law Rights Period has closed but IDCSA is still alive.

Bottom line

The IDCSA cure notice is mandatory for treble damages under § 24-5-0.5-5(a)(2). 30 days to cure. Failure to give notice can foreclose treble damages even on a winning Lemon Law claim. Get the notice right.

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