Deceptive lead generation

The Senate Judiciary Committee heard HB 1125 on deceptive lead generation sponsored by Sen. L. Brown.  The Committee considered the bill for amend and vote.  The bill makes false, misleading, or deceptive advertisements for claims related to medical devices and legend drugs and certain other actions a deceptive act. The Committee amended the bill by consent to modify when it is a deceptive act when a person engaged in lead generation fails to make certain disclosures, define a “commercial communication” to occur on television, remove a cause of action concerning certain deceptive acts, remove language allowing a court to order certain costs, remove language limiting when a cause of action may occur, and change the effective date to July 1, 2021.

At the March 10 hearing, the Indiana Manufacturers Association, Insurance Institute of Indiana, Cook Medical, Indiana Chamber of Commerce, and the Indiana Attorney General’s Office testified in support of the bill. The Indiana Trial Lawyers Association testified in opposition.

The amended bill passed 8-2.

Read the bill at:  http://iga.in.gov/legislative/2021/bills/house/1125