NCJ Number
55523
Date Published
1977
Length
8 pages
Annotation
THIS BROCHURE ISSUED BY THE INDIANA ATTORNEY GENERAL PROVIDES CONSUMERS WITH DETAILS OF THE INDIANA DECEPTIVE CONSUMER SALES ACT AND INDICATES THE PROCEDURES FOR FILING CONSUMER COMPLAINTS.
Abstract
THE CONSUMER PROTECTION DIVISION OF THE INDIANA ATTORNEY GENERAL'S OFFICE HAS THE AUTHORITY TO REVIEW, INVESTIGATE, AND RESOLVE LEGITIMATE CONSUMER COMPLAINTS. THE ATTORNEY GENERAL MAY SEEK COURT INJUNCTIONS TO PREVENT INDIVIDUALS OR CORPORATIONS FROM ENGAGING IN DECEPTIVE PRACTICES. FOR THE CONSUMER PROTECTION DIVISION TO INVESTIGATE A COMPLAINT THERE MUST HAVE BEEN A CONSUMER TRANSACTION BETWEEN AN INDIVIDUAL AND A MERCHANT, AND THERE MUST HAVE BEEN A DECEPTIVE ACT. SUCH WRONGFUL ACTS INCLUDE MISREPRESENTATIONS OF A PRODUCT'S QUALITY, WARRANTY, OR PRICE. AN ACT IS NOT DECEPTIVE, HOWEVER, IF THE MERCHANT SHOWS BY A PREPONDERANCE OF THE EVIDENCE THAT THE ACT WAS THE RESULT OF A BONA FIDE ERROR. EXAMPLES ARE PROVIDED OF VARIOUS TYPES OF DECEPTIVE REPRESENTATION. CONSUMERS HAVE THE RIGHT TO SUE AND TO RECOVER ATTORNEY FEES. PROCEDURES ARE SET FORTH CONCERNING THE FILING OF CONSUMER COMPLAINTS, ALTHOUGH SETTLEMENT PRIOR TO OFFICIAL ACTION IS RECOMMENDED. SUPPLEMENTAL LEGISLATION EXPANDS THE LIST OF DECEPTIVE ACTS TO INCLUDE MISREPRESENTATIONS OF DELIVERY DATES. (TWK)