Consumer Protection UDAP Demand Letter — Indiana

INDIANA CONSUMER PROTECTION UDAP DEMAND LETTER

Indiana Deceptive Consumer Sales Act — Pre-Suit Notice and Opportunity to Cure

Quick-Reference Summary

Sender Letterhead

[CLAIMANT FULL LEGAL NAME]
[Claimant Street Address]
[City, IN ZIP]
Telephone: [(___) ___-____]
Email: [____________________]

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Tracking No.: [____________________]
AND VIA FIRST-CLASS MAIL

[SUPPLIER NAME / D/B/A]
Attn: [Registered Agent / Owner / Officer]
[Supplier Street Address — verify with INBiz registered agent records]
[City, State ZIP]

Subject Line / Re: Block

Re: Statutory Notice and Demand for Cure Under the Indiana Deceptive Consumer Sales Act, Ind. Code § 24-5-0.5-5 — Thirty (30) Day Demand

Consumer: [CLAIMANT NAME]
Transaction Date: [__/__/____]
Discovery Date: [__/__/____]
Transaction / Invoice No.: [____________________]
Amount in Controversy: $[________]

I. Parties

1. Consumer. [CLAIMANT FULL LEGAL NAME] ("Consumer") is a "consumer" within the meaning of Ind. Code § 24-5-0.5-2(a)(1), residing at [Claimant Street Address, City, IN ZIP], who engaged in a "consumer transaction" with Supplier primarily for [personal / familial / household / charitable / agricultural] purposes.

2. Supplier. [SUPPLIER FULL LEGAL NAME], a [corporation / LLC / sole proprietorship] with principal office at [Address] and registered agent [Name and Address], is a "supplier" within the meaning of Ind. Code § 24-5-0.5-2(a)(3) and regularly engages in or solicits consumer transactions in Indiana.

3. [Senior Consumer Designation, if applicable.] Consumer is a "senior consumer" as defined in Ind. Code § 24-5-0.5-2(a)(10) (at least 60 years of age), entitling Consumer to enhanced statutory protections and treble damages under Ind. Code § 24-5-0.5-4(i).

II. Factual Background

4. On or about [__/__/____], Consumer entered into a consumer transaction with Supplier consisting of: [DETAILED DESCRIPTION — what was purchased/leased, price paid, location, salesperson, written documents executed].

5. In connection with the transaction, Supplier — through [name(s) of agent/employee] — made the following representations, omissions, or acts: [DETAILED, DATED, AND PARTICULAR DESCRIPTION OF EACH DECEPTIVE ACT, identifying each by reference to Ind. Code § 24-5-0.5-3(b)(__)].

6. Each act, representation, or omission constitutes a "deceptive act" under one or more of the following provisions of Ind. Code § 24-5-0.5-3(b):

• [§ 24-5-0.5-3(b)(1) — representation that subject of transaction has sponsorship, approval, performance, characteristics, accessories, uses or benefits it does not have]
• [§ 24-5-0.5-3(b)(2) — representation that subject is of a particular standard, quality, grade, style, or model that it is not]
• [§ 24-5-0.5-3(b)(3) — representation that subject is new or unused when it is not]
• [§ 24-5-0.5-3(b)(7) — representation that subject has a sponsorship, approval, or affiliation it does not]
• [§ 24-5-0.5-3(b)(8) — representation regarding price advantages]
• [Other applicable subsection — list each by number]

7. Consumer discovered Supplier's deceptive acts on or about [__/__/____]. This Notice is sent within the earliest applicable deadline under Ind. Code § 24-5-0.5-5(a): six (6) months after discovery, one (1) year after the consumer transaction, and any applicable warranty period.

8. Consumer reasonably relied on Supplier's representations and would not have entered the transaction but for that reliance.

III. Statutory Demand

9. Notice Under Ind. Code § 24-5-0.5-5(a). Pursuant to Ind. Code § 24-5-0.5-5(a), Consumer hereby provides Supplier with written notice of the deceptive acts described above and the actual damages suffered, as a condition precedent to filing a civil action.

10. Opportunity to Cure Under Ind. Code § 24-5-0.5-4(j). Supplier has thirty (30) days from the date of this notice within which to make a written "offer to cure" reasonably calculated to remedy the damages claimed. An offer to cure that is not accepted will not bar Consumer's action unless the trier of fact finds the offer was reasonable. If Supplier fails to make a reasonable offer to cure within 30 days, the deceptive act becomes an "uncured deceptive act" actionable under Ind. Code § 24-5-0.5-4(a).

11. Incurable Deceptive Act — Reservation. In the alternative, Consumer asserts that the conduct described constitutes an incurable deceptive act under Ind. Code § 24-5-0.5-2(a)(8), having been committed as part of a "scheme, artifice, or device with intent to defraud or mislead," and is immediately actionable without notice or opportunity to cure. This notice is provided as a defensive measure and does not waive Consumer's right to assert that the act is incurable.

12. Willful Violation. Consumer asserts that Supplier's conduct was willful within the meaning of Ind. Code § 24-5-0.5-4(a) and warrants treble damages up to the greater of three times actual damages or $1,000.

IV. Damages and Remedies If Not Cured

13. Injury Suffered. As a direct and proximate result of Supplier's deceptive acts, Consumer has suffered the following injuries:

14. Cure Demanded. Within thirty (30) days from delivery of this notice, Supplier must tender in writing one or more of the following:

a. Monetary cure in the amount of $[________] (actual damages, plus reasonable interest from [__/__/____]);
b. Replacement / repair / rescission — [specify exactly what corrective performance Consumer will accept];
c. Return of consideration paid together with [reimbursement of incidental costs / cancellation of financing / removal of negative credit reporting];
d. Reasonable attorney fees and costs incurred to date in the amount of $[________];
e. Such other relief reasonably calculated to remedy the damages claimed.

15. Statutory Remedies on Suit. Should Supplier fail to make a reasonable offer to cure within 30 days, Consumer will commence a civil action seeking:

• Actual damages or $500, whichever is greater (Ind. Code § 24-5-0.5-4(a));
• Treble damages up to the greater of three (3) times actual damages or $1,000 for willful violation (Ind. Code § 24-5-0.5-4(a));
• Reasonable attorney fees to the prevailing party (Ind. Code § 24-5-0.5-4(a));
• Senior consumer treble damages, if applicable (Ind. Code § 24-5-0.5-4(i));
• Injunctive and equitable relief;
• Costs of suit, expert fees, and prejudgment interest as available.

V. Litigation Hold / Evidence Preservation Notice

16. Supplier is hereby on notice of pending litigation and is required to preserve all documents, communications, electronically stored information ("ESI"), and tangible items relating to Consumer, the transaction(s) identified above, or the deceptive acts described in this Notice, including without limitation:

☐ All contracts, invoices, work orders, receipts, and warranty documents related to Consumer
☐ All advertising, marketing scripts, training materials, and point-of-sale materials used during the transaction period
☐ All emails, text messages, instant messages, voicemails, call recordings, and CRM/dispatch entries involving Consumer or the transaction
☐ All internal communications regarding Consumer, the product/service at issue, similar consumer complaints, or remediation
☐ All consumer complaint files, Better Business Bureau records, Indiana Attorney General inquiries, and class correspondence concerning the same product/service
☐ All financial records reflecting payment, refund, chargeback, or credit history for the account
☐ All ESI in original native format with metadata intact; do NOT alter, delete, or overwrite

17. Supplier must immediately suspend any document-destruction or auto-deletion policy that could affect the foregoing materials and instruct all custodians to preserve responsive materials. Spoliation will be reported to the court and may support adverse inferences and sanctions.

VI. Response Deadline and Method

18. Cure Deadline. Supplier's written "offer to cure" under Ind. Code § 24-5-0.5-4(j) must be received no later than [__/__/____] (30 days from the date of this notice).

19. Method of Response. All correspondence and tenders should be directed to:

[CLAIMANT NAME / COUNSEL]
[Address]
Email: [____________________]
Phone: [(___) ___-____]

20. Settlement Discussions. This Notice is sent in furtherance of the statutory notice-and-cure process and settlement negotiations, and is admissible solely to establish compliance with Ind. Code § 24-5-0.5-5(a). All other content is protected under Ind. R. Evid. 408. Nothing in this letter waives any right, claim, or remedy available to Consumer, all of which are expressly reserved.

21. Effect of No Cure. Failure to make a reasonable written offer to cure within 30 days will result in the deceptive act becoming "uncured" and immediately actionable in court, with exposure to treble damages and attorney fees.

Signature Block

Respectfully,

_______________________________
[CLAIMANT NAME]
[Title, if any]
[Address]
[Telephone]
[Email]

Dated: [__/__/____]

Enclosures:
☐ Exhibit A — [Contract / Invoice / Receipt]
☐ Exhibit B — [Advertisement / Representation at issue]
☐ Exhibit C — [Photographs / Inspection report]
☐ Exhibit D — [Prior correspondence]
☐ Certified Mail Return Receipt (PS Form 3811)

cc: [Optional: Office of the Indiana Attorney General, Consumer Protection Division, 302 W. Washington St., 5th Floor, Indianapolis, IN 46204]

Pre-Send Checklist

☐ Confirmed notice is sent within EARLIEST of: 6 months from discovery; 1 year from transaction; warranty period
☐ Verified registered agent and principal address through INBiz (https://inbiz.in.gov)
☐ Letter identifies Consumer by name and address
☐ Letter describes the nature of the alleged deceptive act with specificity
☐ Letter identifies the actual damages suffered with a specific dollar figure
☐ Letter references the IDCSA and specific § 24-5-0.5-3(b) subsection(s) violated
☐ Letter demands written offer to cure within 30 days
☐ Senior consumer designation considered (if applicable)
☐ Litigation hold language included
☐ Sent by certified mail, return receipt requested, AND first-class mail
☐ Sent to registered agent AND principal place of business
☐ Two copies retained (one signed file copy, one date-stamped service copy)
☐ Diary tickled for 30-day cure deadline and 33-day default deadline
☐ 2-year statute of limitations under § 24-5-0.5-5(b) (measured from occurrence) calculated and tickled
☐ Attorney-fee risk to Consumer (bidirectional) reviewed with client
☐ Reviewed by Indiana-licensed counsel prior to mailing

Sources and References

• Ind. Code § 24-5-0.5-1 — https://iga.in.gov/laws/2024/ic/titles/24#24-5-0.5
• Ind. Code § 24-5-0.5-3 (deceptive acts) — https://iga.in.gov/laws/2024/ic/titles/24#24-5-0.5-3
• Ind. Code § 24-5-0.5-4 (damages and cure) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-4/
• Ind. Code § 24-5-0.5-5 (notice and limitations) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-5/
• Indiana Attorney General Consumer Protection — https://www.in.gov/attorneygeneral/consumer-protection-division/
• McKinney v. State, 693 N.E.2d 65 (Ind. 1998) (IDCSA construction)
• A.B.C. Home & Real Estate Inspection, Inc. v. Plummer, 500 N.E.2d 1257 (Ind. Ct. App. 1986) (notice requirement)