SB 328 IN

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Provides that the agency settlement fund administered by the budget agency does not include costs and expenses, including reasonable attorney's fees and expert fees, received by the attorney general in connection with an action brought by the attorney general under the deceptive consumer sales act (act). Amends the definition of "consumer transaction" for purposes of the act to include conduct that arises from, occurs in connection with, or otherwise involves a transaction between commercial entities if the conduct results in harm to consumers. Provides that in an action for an injunction brought by the attorney general under the act, the court may order the supplier to pay the costs and expenses of the action, including reasonable attorney's fees and expert fees. Provides that any award, judgment, or settlement for the costs and expenses of the attorney general's action, including reasonable attorney's fees and expert fees, shall be deposited in the consumer protection judgment fund and used to support the efforts of the division of consumer protection. Provides that an action that arises from, or otherwise involves, a consumer transaction that: (1) involves a transaction between commercial entities; and (2) results in harm to consumers; may only be brought and enforced by the attorney general. Provides that the attorney general may not bring an action under the act more than five years after the occurrence of the deceptive act.

• Eric Koch Republican · author
• Mark Messmer · author

1. Jan 12, 2023 Authored by Senator Messmer · upper
2. Jan 12, 2023 First reading: referred to Committee on Judiciary · upper
3. Feb 9, 2023 Committee report: amend do pass adopted; reassigned to Committee on Appropriations · upper
4. Feb 9, 2023 Senator Koch added as second author · upper
5. Feb 9, 2023 Senator Randolph added as coauthor · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Senate Bill (S) · Feb 9, 2023 · PDF
• Introduced Senate Bill (S) · Jan 12, 2023 · PDF