Sec. 1. (a) A target, or a person aggrieved by a violation of:

(1) this article; or

Terms Used In Indiana Code 24-11-5-1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(2) rules adopted under this article;

may bring an action in a court with jurisdiction.

     (b) A person shall, not later than thirty (30) days after filing a complaint with a court in an action under subsection (a), mail or deliver a copy of the complaint to the office of the attorney general.

     (c) A court may award reasonable attorney’s fees, litigation expenses, and costs to a person who prevails in an action under subsection (a).

     (d) A court may, in addition to fees, expenses, and costs under subsection (c), award any or all of the following to a complainant who prevails in an action under subsection (a):

(1) Declaratory or equitable relief.

(2) The greater of:

(A) actual damages; or

(B) liquidated damages for each complainant who prevails in the sum of five thousand dollars ($5,000) for each demand letter that the complainant received.

(3) Punitive damages in the amount of the greater of:

(A) fifty thousand dollars ($50,000); or

(B) three (3) times the amount of actual damages.

As added by P.L.172-2015, SEC.1. Amended by P.L.149-2016, SEC.75.