Sec. 14. (a) A manufacturer or seller of medical devices or legend drugs or a consumer may bring an action against any combination of persons that authorize, finance, sponsor, participate in, or otherwise benefit from a deceptive act under this chapter. In the action the court may do any combination of the following:

(1) Issue an injunction.

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Terms Used In Indiana Code 24-5-26.5-14

  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • consumer: refers to an individual who views a commercial communication for personal or familial purposes. See Indiana Code 24-5-26.5-2
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • lead generation: refers to the use of commercial communication to initiate consumer interest or inquiry into legal services provided in Indiana or another jurisdiction to redress an alleged injury from a medical device or legend drug. See Indiana Code 24-5-26.5-3
  • manufacturer: means either of the following:

    Indiana Code 24-5-26.5-5

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • seller: means a person that, in the course of business conducted for that purpose, does either of the following:

    Indiana Code 24-5-26.5-7

  • sponsor: means a person on whose behalf a commercial communication is conducted to promote or advertise legal services. See Indiana Code 24-5-26.5-8
(2) Order the person engaged in lead generation to reimburse money unlawfully received by any person from the aggrieved consumers to be held in escrow for distribution to aggrieved consumers, void or limit the application of contracts or clauses resulting from deceptive acts, and order other restitution as the court determines appropriate.

     (b) A manufacturer, seller, or consumer that commences an action under this section shall serve the attorney general with a copy of the complaint. The attorney general may join an action under this section commenced by the manufacturer, seller, or consumer.

As added by P.L.176-2021, SEC.1.