Indiana Code 24-5-16.5-12. Remedies
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Sec. 12. (a) A retail lessor who fails to comply with the requirements of this chapter is liable to the retail lessee for:
(2) a civil penalty of not more than one thousand dollars ($1,000) per lease transaction; and
(1) actual damages sustained;
Terms Used In Indiana Code 24-5-16.5-12
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Probate: Proving a will
- retail lessee: means an individual who executes a lease agreement for a motor vehicle from a retail lessor primarily for personal, family, or household purposes. See Indiana Code 24-5-16.5-6
- retail lessor: means a person who regularly engages in the business of selling or leasing motor vehicles and who offers or arranges a lease agreement for a motor vehicle. See Indiana Code 24-5-16.5-7
(3) reasonable attorney‘s fees and costs.
(b) In addition to any other remedies provided by law, a retail lessee may bring an action in the circuit court, superior court, or probate court to recover the damages, penalties, and fees described in subsection (a).
(c) The total recovery of damages, penalties, and fees in a class action civil suit brought under this section may not exceed one hundred thousand dollars ($100,000).
As added by P.L.151-2015, SEC.80. Amended by P.L.84-2016, SEC.101.