Agreed Order

An agreement between the State and one or more defendants to entry of a court order, typically used in lieu of a formal hearing.

AVC or Assurance of Voluntary Compliance

An agreement reached between the State and one ore more respondents stipulating the conditions under which the respondent(s) will conduct business in the future. An AVC may require the defendant(s) to pay consumer restitution and investigative costs to the attorney general’s office. The document is filed with the court but is not an admission of guilt or liability for any legal offense. The State has a legal right to go back to court if information becomes available that the defendant is not abiding by the terms of the AVC.

Civil Investigative Demand (CID)

A Civil Investigative Demand is an investigatory tool issued pursuant to Ind. Code § 4-6-3-3, which allows the Attorney General to seek information relevant to a pending investigation prior to the filing of a lawsuit.

Civil Penalties

Civil penalties are fines imposed by a court as punishment for a defendant’s deceptive activity. Under Indiana’s Deceptive Consumer Sales Act, civil penalties may be awarded up to $5,000 for each knowing violation of the statute.

Complaint

Generally the first document filed with a court to initiate a lawsuit. The complaint outlines the State’s allegations against the defendant(s), and briefly sets out the facts on which the claim is based. A complaint is sometimes amended to include new claims or defendants.

Consent Judgment

An agreement between the State and one or more defendants resulting in the entry of a judgment against one or more of the defendants, typically without the defendant admitting any liability. In a consent judgment, a defendant may agree to be bound by an injunction and pay restitution, costs, and/or civil penalties.

Deceptive Consumer Sales Act ( Indiana)

Ind. Code § 24-5-0.5-1, et seq. This statute is Indiana’s primary enforcement statute for deceptive consumer transactions.

Default Judgment

A judgment against a defendant or defendants who have failed to respond to the complaint filed or to appear at a hearing on the matter.

Defendant

In civil proceedings, the party responding to the complaint, or the individual(s) sued and called upon to respond to the alleged wrongdoing.

Injunction

A remedy awarded by the court to restrain a particular activity. An injunction is a preventative measure to guard against future injuries. For example, the court might issue an injunction to halt or ban a defendant from engaging in activity that the State has shown may cause harm or violates the law.

Permanent Injunction

A remedy awarded by the court issued upon the completion of a trial or hearing which restrains a defendant(s) particular activity.

Petitioner

The party who initiates and Assurance of Voluntary Compliance or Petition to Enforce.

Petition to Enforce

A Petition to Enforce is filed pursuant to Ind. Code § 4-6-3-6 and allows the Attorney General to seek a Court Order requiring a party to fully respond to a Civil Investigative Demand.

Plaintiff

The party who initiates a lawsuit or other legal proceeding and who seeks a judicial remedy for alleged wrongdoing or violations of law.

Preliminary Injunction

A remedy awarded by the court that will expire at a particular time and is typically used to prohibit further deceptive activity pending the final resolution of a lawsuit.

Respondent

The party agreeing to enter into an Assurance of Voluntary Compliance, or against whom an action is sought in a Petition to Enforce.

Restitution

Act of making good or of giving the equivalent for loss, damage or injury. As a remedy, restitution is available to prevent unjust enrichment, to correct an erroneous payment and permit the aggrieved party to recover deposits advanced on a purchase or contract.

Temporary Restraining Order (TRO)

Aka Restraining Order

An order granted without notice or hearing, requiring the defendant(s) to immediately cease certain activity until a hearing can be held to determine whether further injunctive relief is appropriate. A TRO typically expries within ten (10) days.