Law note · Indiana
Indiana Consumer Data Protection Act, Attorney General enforcement
The Indiana Attorney General has exclusive authority to enforce INCDPA, with a civil penalty of up to $7,500 per violation plus recoverable investigation expenses. Before suing, the Attorney General must give a controller or processor 30 days' written notice identifying the specific provisions violated; if the violation is cured within that period and the controller or processor provides a written attestation of the cure, the Attorney General may not initiate an action.
This cure right is mandatory, not discretionary, and carries no sunset date anywhere in Article 15, unlike Maryland's, New Jersey's, and Minnesota's time-limited or discretionary cure provisions. The chapter creates no private right of action.
What it asks of an app
- Expect INCDPA violations to be enforced exclusively by the Indiana Attorney General, never by a private plaintiff.
- Cure a noticed violation and provide a written attestation of the cure within 30 days of Attorney General notice to avoid a civil penalty of up to $7,500 per violation. Unlike some peer states, Indiana's 30-day cure right is mandatory and carries no expiration date in the statute.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach
Primary source: official Indiana statute text, Indiana Code Article 15, Indiana General Assembly