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CHAPTER 16
INDIANA
A. Scope of the Statute and Elements of a Cause of Action
Indiana’s UDAP statute is the Indiana Deceptive Consumer Sales Act
(IDCSA).1 The act prohibits certain “unfair, abusive, or deceptive”
conduct in relation to “consumer transaction[s].”2 The primary purposes
of the act are to “(1) simplify, clarify, and modernize the law governing
deceptive and unconscionable consumer sales practices; (2) protect
consumers from suppliers who commit deceptive and unconscionable
sales acts; and (3) encourage the development of fair consumer sales
practices.”3 The IDCSA is to “be liberally construed and applied to
promote its purposes and policies.” 4
As amended, the act lists forty categories of specific deceptive acts
and includes general provisions concerning deceptive conduct related to
misrepresentations by the supplier regarding such things as third party
sponsorship or approval of the product or service; the quality or
characteristics of the product or service; whether the product is new or
used, or is or is not in need of repair or replacement; available price
advantages, warranties, disclaimers, rights, remedies, discounts, rebates or
other inducements to purchase; validity of cost estimates; undisclosed
limitations on the timing or quantity of the product or service for sale; the
use of alternative or assumed business names or locations of the supplier;
and the use of false or deceptive packaging or promotional materials.5
Specific provisions relate to cigarette sales, debt collection, health spa
services, business opportunities, door-to-door sales, home and real
property improvement contracts, telephone solicitations, motor vehicle
subleasing and buyback programs, the use of automatic telephone
dialing/announcing devices, consumer credit services, environmental
marketing claims, prescription drug cards, real estate appraisals, identity
theft, mortgages, promotional gifts and contests, towing services, and
commercial solicitations disguised as invoices, legal notices, or other
1. IND. CODE §§ 24-5-0.5-1 et seq.
2. Id. §§ 24-5-0.5-3(a), (b).
Ct. App. 2020).
(N.D. Ind. 2020).
5. IND. CODE § 24-5-0.5-3.
