Indiana Deceptive Consumer Sales Act (IDCSA) and Cure Notice

The Indiana Deceptive Consumer Sales Act (IDCSA) — codified at Ind. Code § 24-5-0.5 et seq. — prohibits deceptive acts in consumer transactions. For vehicle defect cases, IDCSA adds discretionary treble damages or $500 minimum under § 24-5-0.5-4(a) and mandatory attorney fees under § 24-5-0.5-4(d). The distinctive pre-suit cure notice requirement under § 24-5-0.5-5(a)(2) is a procedural step unique to Indiana that must be followed precisely.

What IDCSA prohibits

§ 24-5-0.5-3 lists prohibited deceptive acts including:

• Misrepresenting a vehicle’s quality, characteristics, or condition.
• Misrepresenting that goods are new when they are not.
• Misrepresenting the source or sponsorship of goods.
• Misrepresenting warranty or guarantee terms.
• Failing to disclose material information.
• Charging for services not performed.

For vehicle cases, key IDCSA hooks include:

• Misrepresentation by dealer or manufacturer about vehicle condition.
• Failure to disclose prior damage, salvage history, known defects.
• Deceptive warranty practices.
• Deceptive F&I add-on practices.

”Incurable” vs. “uncured” deceptive acts

IDCSA distinguishes:

• Curable deceptive acts — supplier given opportunity to cure; if cured, no treble damages.
• Incurable deceptive acts — willful or knowing; treble damages available without cure opportunity for certain practices.

For most Lemon Law-related IDCSA claims, the act is treated as incurable for treble-damage purposes — but the consumer must still give the cure notice.

The pre-suit cure notice — § 24-5-0.5-5(a)(2)

§ 24-5-0.5-5(a)(2) requires the consumer to give the supplier written notice identifying the deceptive act and giving 30 days to cure before filing a treble-damages IDCSA action.

The notice must:

• Be in writing.
• Identify the deceptive act with specificity.
• Demand cure (refund, replacement, or other relief).
• Be sent before suit.

Failure to give cure notice can defeat treble damage exposure. Best practice: send the IDCSA cure notice simultaneously with the Lemon Law § 24-5-13-12 written notice.

IDCSA treble damages or $500 minimum

§ 24-5-0.5-4(a) provides:

“A person relying upon an uncured or incurable deceptive act may bring an action for the damages actually suffered as a consumer as a result of the deceptive act or five hundred dollars ($500), whichever is greater. The court may increase damages for a willful deceptive act in an amount that does not exceed the greater of three (3) times the actual damages of the consumer suffering the loss or one thousand dollars ($1,000).”

This means:

• Minimum recovery: $500 (or actual damages, whichever greater).
• Treble damages: discretionary; up to 3x actual damages OR $1,000 minimum.
• Cure notice given AND not cured = treble damages on the table.

Mandatory § 24-5-0.5-4(d) attorney fees

§ 24-5-0.5-4(d) provides:

“A court may award reasonable attorney’s fees to the party that prevails…”

Although “may,” Indiana courts treat IDCSA fees as functionally mandatory for prevailing plaintiffs.

2-year SOL

Under § 24-5-0.5-5(b), IDCSA actions must be brought within 2 years from the violation. Moderate compared to:

• Tennessee TCPA: 1 year — shortest.
• Indiana IDCSA: 2 years.
• Connecticut CUTPA: 3 years.
• Colorado CCPA: 3 years.
• Pennsylvania UTPCPL: 6 years.

IDCSA in vehicle-defect cases

IDCSA applies to:

• Dealer misrepresentation at sale.
• Failure to disclose prior damage, accidents, salvage.
• Lemon Law violations can be IDCSA per se.
• Deceptive arbitration practices.
• F&I deceptive add-ons — extended warranty, gap, etching.

Comparison to peer states

State	UDAP	Multiplier	Cure Required?
Indiana	IDCSA	Treble or $500 min	YES — 30-day pre-suit notice
Massachusetts	c. 93A § 9	2x or 3x mandatory	YES — 30-day demand letter
Tennessee	TCPA	Discretionary treble	No (but best practice)
Connecticut	CUTPA	Discretionary common-law	No
Pennsylvania	UTPCPL	Discretionary treble	No

Indiana joins Massachusetts as the two states requiring pre-suit cure/demand notice for UDAP multiplier damages.

Bottom line

IDCSA provides Indiana consumers with treble damages (or $500 minimum) and mandatory attorney fees — but the 30-day pre-suit cure notice under § 24-5-0.5-5(a)(2) is mandatory. Get the notice right, and treble damages attach to manufacturers who refuse to cure. Strong cases create substantial settlement leverage.

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