Sec. 5. (a) No action may be brought under this chapter, except under section 4(c) of this chapter, unless (1) the deceptive act is incurable or (2) the consumer bringing the action shall have given notice in writing to the supplier within the sooner of (i) six (6) months after the initial discovery of the deceptive act, (ii) one (1) year following such consumer transaction, or (iii) any time limitation, not less than thirty (30) days, of any period of warranty applicable to the transaction, which notice shall state fully the nature of the alleged deceptive act and the actual damage suffered therefrom, and unless such deceptive act shall have become an uncured deceptive act.

     (b) No action may be brought under this chapter except as expressly authorized in section 4(a), 4(b), or 4(c) of this chapter. Any action brought under section 4(a) or 4(b) of this chapter may not be brought more than two (2) years after the occurrence of the deceptive act. An action brought under section 4(c) of this chapter may not be brought more than five (5) years after the occurrence of the deceptive act.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts 1982, P.L.152, SEC.4; P.L.211-1993, SEC.1; P.L.45-1995, SEC.17; P.L.152-2023, SEC.1.

Terms Used In Indiana Code 24-5-0.5-5

  • Consumer transaction: means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible, except securities and policies or contracts of insurance issued by corporations authorized to transact an insurance business under the laws of the state of Indiana, with or without an extension of credit, to a person for purposes that are primarily personal, familial, charitable, agricultural, or household, or a solicitation to supply any of these things. See Indiana Code 24-5-0.5-2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Supplier: means the following:

    Indiana Code 24-5-0.5-2

  • Uncured deceptive act: means a deceptive act:

    Indiana Code 24-5-0.5-2

  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
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