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IN SB0353

Bill

Status

Engrossed

2/2/2016

Primary Sponsor

Randall Head

Click for details

Origin

Senate

2016 Regular Session

AI Summary

SB 353 Summary

  • Establishes procedure for "civil justice funding" allowing companies to provide cash advances to plaintiffs in exchange for a contingent right to a portion of settlement, judgment, award, or verdict proceeds.

  • Requires civil justice funding companies to register with the attorney general; initial registration fee is $1,500 and renewal fee is $500 every two years.

  • Prohibits funding companies from paying referral fees to attorneys or medical providers, making specific attorney referrals, interfering with legal claims, or paying court costs and attorney fees.

  • Mandates contracts include 5-day rescission rights, predetermined time-based charges (not percentage-based), detailed disclosures in 12-point bold font, and consumer initials on each page.

  • Establishes that civil justice funding transactions are nonrecourse (consumer owes nothing if claim yields no proceeds) and are not subject to Indiana loan regulations; effective July 1, 2016.

Legislative Description

Funding of lawsuits. Establishes a procedure by which a company may provide funding to the plaintiff in an action in exchange for the contingent right to receive a part of the potential proceeds of the action. Requires a company that offers funding to plaintiffs to register with the attorney general.

Last Action

First reading: referred to Committee on Financial Institutions

2/9/2016

Committee Referrals

Financial Institutions2/9/2016
Civil Law1/11/2016

Full Bill Text

No bill text available