Notice: Offer of Settlement

(a)As a prerequisite to filing a suit seeking damages under this chapter against any person by a consumer not represented by the Attorney General, a consumer shall give written notice to the person at least thirty

(30)days before filing the suit advising the person, in reasonable detail, of the consumer’s specific complaint and the amount of actual damages and expenses, including attorney’s fees, if any, reasonable incurred by the consumer in asserting the claim against the party. During the thirty-(30-)day period a written request to inspect, in a reasonable manner and at a reasonable time and place, the goods that are the subject of the consumer’s action or claim may be presented to the consumer. If the goods weigh less than fifty

(50)pounds and were purchased from a merchant, the consumer shall take the goods to the merchant’s place of business for such inspection. If the consumer unreasonably refuses to permit the inspection, he can receive only restitution or damages up to the cost of the item, with no other damages, costs, or attorneys fees. After the action is filed, the COL10/29/2021 CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION court shall order inspection. If the claimant unreasonably refuses, the court shall dismiss the claim.

(b)If the thirty

(30)days written notice is given within one hundred twenty

(120)days of the running of the statute of limitations, giving the notice as required by this section shall have the effect of extending the statute of limitations until the one hundred twenty-first (121st) day after the giving of the notice.

(c)Any person who receives the written notice provided by subsection

(a)of this section may, within thirty

(30)days after the receipt of the notice, tender to the consumer a written offer of settlement, including an agreement to reimburse the consumer for the attorney’s fees, if any, reasonably incurred by the consumer in asserting his claim up to the date of the written notice. A person who does not receive such a written notice due to the consumer’s suit or counterclaim being filed as provided in subsection

(b)of this section may, within thirty

(30)days after the filing of such suit or counterclaim, tender to the consumer a written offer of settlement, including an agreement to reimburse the consumer for the attorney’s fees, if any, reasonably incurred by the consumer in asserting his claim up to the date the suit or counterclaim was filed. Any offer of settlement not accepted within thirty

(30)days of receipt by the consumer shall be deemed to have been rejected by the consumer.

(d)A settlement offer made in compliance with subsection

(c)of this section, if rejected by the consumer, may be filed with the court together with an affidavit certifying its rejection. If the amount tendered in the settlement offer is the same as or more than, or if the court finds that amount to be substantially the same as, the actual damages found by the trier of fact, the consumer may not recover an amount in excess of the amount tendered in the settlement offer or the amount of actual damages found by the trier of fact, whichever is less.

(e)The tender of an offer of settlement is not an admission of engaging in an unlawful act or practice or of liability under this chapter. Evidence of a settlement offer may be introduced only to determine the reasonableness of the settlement offer provided for by subsection

(d)of this section. COL10/29/2021 CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION

(f)If a suit is brought against a consumer over a transaction that is covered by the provisions of this chapter, the consumer may raise any defenses permitted by this chapter relating to the transaction, including allegations of violations of this chapter which may be raised as affirmative defenses, without need for a demand or settlement offer to the other party.