Consumer Rights in Indiana

Indiana lemon law may apply after four repair attempts for the same defect, or if the vehicle is out of service for 30 or more cumulative days — within the first 18 months or 18,000 miles. If the manufacturer has a certified arbitration program, you must participate before filing a lawsuit. Keep all repair orders and documentation.

Indiana's Deceptive Consumer Sales Act distinguishes between "curable" deceptive acts (where the business did not know it was deceptive) and "incurable" acts (intentional deception). For incurable acts, courts may award civil penalties up to $1,000 per violation in addition to actual damages and attorney fees. This penalty is available even if actual damages are small.

Indiana courts recognize first-party bad faith claims based on the Erie Insurance Exchange v. Hickman standard. An insurer cannot withhold benefits without a reasonable basis. If bad faith is established, you may recover the original claim amount plus consequential damages. The Indiana Department of Insurance also accepts and investigates consumer complaints.

Indiana's Deceptive Consumer Sales Act has a two-year statute of limitations. Product liability claims under Indiana's strict liability statute also have a two-year limit. It is important to consult an attorney promptly after discovering any consumer fraud or product defect to ensure your claims remain viable.