§ 24-13-4-2 — Class actions

Indiana § 24-13-4-2

• Jurisdiction: Indiana
• Art. 13: PYRAMID PROMOTIONAL SCHEMES
• Ch. 4: Private Actions and Proceedings

Text

(a) A person who is entitled to bring an action
on the person's own behalf under section 1 of this chapter may bring a
class action on behalf of any class of persons of which the person is a
member and that has been damaged by the pyramid promotional
scheme, subject to and under the Indiana Rules of Trial Procedure
governing class actions.
(b) The court may award reasonable attorney's fees to the party that
prevails in a class action under this section. The attorney's fees must be
determined by the amount of time reasonably expended by the attorney
and not by the amount of the judgment. The court, however, may
consider awarding a contingency fee.
(c) Any money or other property recovered in a class action under
this section that cannot, with due diligence, be restored to the members
of the class within one (1) year after the final judgment must be
returned to the abandoned property fund under IC 32-34-1.5-42.
(d) Actual damages awarded to a class have priority over any civil
penalty imposed under this article.

Legislative History

As added by P.L.105-2017, SEC.3. Amended by P.L.141-2021, SEC.10.