§ 24-4-23.2-7 — Actions for enforcement; remedies for violation

Indiana § 24-4-23.2-7

• Jurisdiction: Indiana
• Art. 4: REGULATED BUSINESSES
• Ch. 23.2: Third Party Food Delivery Services

Text

(a) If a third party food delivery service:
(1) provides services related to facilitating, processing, or
delivering an online order for a covered establishment without the
covered establishment's express agreement to allow the third party
food delivery service to provide those services, in violation of
section 6(a) of this chapter; or
(2) fails to terminate a service contract with a covered
establishment as provided in section 6(b) of this chapter;
the covered establishment may bring an action for the alleged violation
in a court with jurisdiction.
(b) A court in an action brought by a covered establishment against
a third party food delivery service under subsection (a) may grant a
temporary injunction enjoining the third party food delivery service,
during the pendency of the action, from providing services related to
facilitating, processing, or delivering online orders for food or
beverages prepared or provided by the covered establishment.
(c) A covered establishment that prevails in an action brought under
subsection (a) is entitled to:
(1) actual damages;
(2) temporary or permanent injunctive relief;
(3) liquidated damages of not more than fifty thousand dollars
($50,000); and
(4) reasonable costs and attorney's fees;
for each transaction the third party food delivery service made with a
customer for food and beverages prepared or provided by the covered
establishment in violation of section 6(a) of this chapter.

Legislative History

As added by P.L.136-2023, SEC.1.