Indiana 2023 Regular Session Status: In Committee Bipartisan · 1 R · 1 D cosponsors

SB 328 — Enforcement of deceptive consumer sales act.

Last action — Senator Randolph added as coauthor

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Provides that the agency settlement fund administered by the budget agency does not include costs and expenses, including reasonable attorney's fees and expert fees, received by the attorney general in connection with an action brought by the attorney general under the deceptive consumer sales act (act). Amends the definition of "consumer transaction" for purposes of the act to include conduct that arises from, occurs in connection with, or otherwise involves a transaction between commercial entities if the conduct results in harm to consumers. Provides that in an action for an injunction brought by the attorney general under the act, the court may order the supplier to pay the costs and expenses of the action, including reasonable attorney's fees and expert fees. Provides that any award, judgment, or settlement for the costs and expenses of the attorney general's action, including reasonable attorney's fees and expert fees, shall be deposited in the consumer protection judgment fund and used to support the efforts of the division of consumer protection. Provides that an action that arises from, or otherwise involves, a consumer transaction that: (1) involves a transaction between commercial entities; and (2) results in harm to consumers; may only be brought and enforced by the attorney general. Provides that the attorney general may not bring an action under the act more than five years after the occurrence of the deceptive act.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 328 on the official Indiana source →

Action History

  1. Senator Randolph added as coauthor

  2. Senator Koch added as second author

  3. Committee report: amend do pass adopted; reassigned to Committee on Appropriations

  4. First reading: referred to Committee on Judiciary

  5. Authored by Senator Messmer

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 147 not signed on

Sponsors (2)

Co-sponsors (1)

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does SB 328 do?
Provides that the agency settlement fund administered by the budget agency does not include costs and expenses, including reasonable attorney's fees and expert fees, received by the attorney general in connection with an action brought by the attorney general under the deceptive consumer sales act (act). Amends the definition of "consumer transaction" for purposes of the act to include conduct that arises from, occurs in connection with, or otherwise involves a transaction between commercial entities if the conduct results in harm to consumers. Provides that in an action for an injunction brought by the attorney general under the act, the court may order the supplier to pay the costs and expenses of the action, including reasonable attorney's fees and expert fees. Provides that any award, judgment, or settlement for the costs and expenses of the attorney general's action, including reasonable attorney's fees and expert fees, shall be deposited in the consumer protection judgment fund and used to support the efforts of the division of consumer protection. Provides that an action that arises from, or otherwise involves, a consumer transaction that: (1) involves a transaction between commercial entities; and (2) results in harm to consumers; may only be brought and enforced by the attorney general. Provides that the attorney general may not bring an action under the act more than five years after the occurrence of the deceptive act.
Who sponsors SB 328?
SB 328 is sponsored by Lonnie Randolph (Democrat), Eric Koch (Republican), and Mark Messmer.
What is the current status of SB 328?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 328?
Track SB 328 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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