Indiana Code 24-1-2-5.1. Attorney general actions for violations; remedies
(1) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation.
Terms Used In Indiana Code 24-1-2-5.1
- 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
- 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
- persons: whenever used in this chapter shall be deemed to include corporations, associations, limited liability companies, joint stock companies, partnerships, limited or otherwise, existing under or authorized by the laws of the state of Indiana, or of the United States, or of any state, territory, or district of the United States, or of any foreign country. See Indiana Code 24-1-2-10
(3) Injuries or damages sustained directly or indirectly by the state or political subdivision as a result of the violation.
(b) The attorney general may bring an action in the name of the state as parens patriae on behalf of one (1) or more natural persons residing in Indiana for one (1) or more of the following, together with the costs and expenses of the suit, including reasonable attorney’s fees and expert fees, in connection with a violation of this chapter:
(1) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation.
(2) A civil penalty, as prescribed in subsection (c).
(3) Injuries or damages sustained directly or indirectly by the one (1) or more natural persons as a result of the violation.
(c) In an action brought under subsection (a) or (b) after June 30, 2023, the attorney general may recover a civil penalty of not more than:
(1) one hundred thousand dollars ($100,000) per violation from any natural person who violates this chapter; or
(2) one million dollars ($1,000,000) from any other person (as defined in section 10 of this chapter), other than a natural person, that violates this chapter.
As added by P.L.135-2008, SEC.3. Amended by P.L.6-2023, SEC.1.