The Law: Indiana Lemon Law, IDCSA, and Magnuson-Moss

Indiana’s consumer-protection framework for defective vehicles draws from three statutes plus federal warranty law — and the IDCSA’s pre-suit cure notice requirement under § 24-5-0.5-5(a)(2) is a distinctive procedural step that must be followed precisely.

The three pillars

1. Indiana Motor Vehicle Protection Act (“Lemon Law”) — Ind. Code § 24-5-13. Refund or replacement; mandatory § 24-5-13-22 attorney fees; manufacturer IDS required first. 18-month / 18,000-mile Rights Period; 4-attempt / 30-business-day OOS thresholds.
2. Indiana Deceptive Consumer Sales Act (IDCSA) — Ind. Code § 24-5-0.5 et seq. Prohibits deceptive acts in consumer transactions. Discretionary treble damages OR $500 minimum under § 24-5-0.5-4(a) for uncured incurable acts; mandatory § 24-5-0.5-4(d) attorney fees. 2-year SOL from violation. Distinctive pre-suit cure notice required under § 24-5-0.5-5(a)(2).
3. Federal Magnuson-Moss Warranty Act — 15 U.S.C. § 2301 et seq. Civil court; § 2310(d)(2) attorney fees; federal-court access (N.D. Ind. — Fort Wayne, Hammond, Lafayette, South Bend; S.D. Ind. — Indianapolis, New Albany, Terre Haute, Evansville).

Most experienced Indiana lemon-law strategy pleads all three — and gets the IDCSA cure notice right.

Topics in this section

• Indiana Lemon Law statute (§ 24-5-13) — Core eligibility, 18-month / 18,000-mile window, mandatory § 24-5-13-22 fees.
• IDCSA + cure notice — Treble damages, mandatory fees, and the 30-day pre-suit cure requirement under § 24-5-0.5-5(a)(2).
• Magnuson-Moss Warranty Act — Federal overlay.
• Repair-attempt presumption — The 4-attempt and 30-business-day OOS thresholds plus written notice.
• Statute of limitations — Timing under each statute.

Why three statutes instead of one

Indiana’s Lemon Law on its own has mandatory § 24-5-13-22 fees. IDCSA adds:

• Treble damages or $500 minimum under § 24-5-0.5-4(a) — discretionary, requires “incurable” deceptive act (or cure failure).
• Mandatory attorney fees under § 24-5-0.5-4(d).
• 2-year SOL from violation.

Magnuson-Moss adds federal-court access (D. Ind. divisions) and an additional fee-shifting basis with the longer 4-year UCC backstop.

How they interact procedurally

Indiana consumers must navigate:

1. Lemon Law written notice under § 24-5-13-12 — final repair opportunity to manufacturer.
2. IDCSA cure notice under § 24-5-0.5-5(a)(2) — 30-day cure opportunity (separate from Lemon Law notice; specific to IDCSA treble damages).
3. Manufacturer-certified IDS procedure (if certified under § 24-5-13-19) — typically BBB Auto Line. Required first if certified.
4. Court action — Indiana Circuit/Superior Court or federal court (D. Ind. divisions) under Magnuson-Moss concurrent jurisdiction.

Indiana does NOT have a state-administered Lemon Law arbitration board.

IDCSA and Magnuson-Moss claims live in court only, not in BBB arbitration. Cases with IDCSA exposure typically move to court action with parallel claims.

The IDCSA cure notice — distinctive procedural step

The IDCSA’s cure notice requirement under § 24-5-0.5-5(a)(2) is procedurally distinctive:

• 30 days for supplier to cure an “incurable” deceptive act.
• Sent before suit for treble damages.
• Failure to give notice can defeat treble damage exposure (though actual damages + fees may still attach).
• Cure means making the consumer whole or rescinding the transaction.

Best practice: send the IDCSA cure notice simultaneously with (or shortly after) the Lemon Law § 24-5-13-12 written notice. Both notices can reference the same defect and repair-attempt history.

Related

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Indiana Lemon Law FAQ

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Manufacturer Case Patterns in Indiana

Common Indiana lemon-law case patterns by manufacturer — Toyota (Princeton home plant), Subaru (Lafayette SIA), GM (Fort Wayne), Honda (Greensburg), plus Elkhart RV manufacturers.

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The Process: Filing an Indiana Lemon Law Claim

The step-by-step Indiana lemon-law process — repair attempts, Lemon Law written notice, IDCSA cure notice, BBB Auto Line IDS, court action.

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Qualifying Defects: What Counts as a Lemon in Indiana

Defect categories that meet Indiana's 'substantially impair use, market value, or safety' test under § 24-5-13.

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Remedies: What You Can Recover Under Indiana Lemon Law

Refund, replacement, IDCSA treble damages (with cure notice), and the mandatory § 24-5-13-22 + § 24-5-0.5-4(d) attorney fees recovery.

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Vehicle Types Covered Under Indiana Lemon Law

How Indiana's Lemon Law applies to used vehicles, leases, EVs, motorcycles, RVs (Elkhart-built home-state defendants!), and commercial vehicles.

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