Attorney General Todd Rokita has obtained a settlement with an Indianapolis home builder resolving allegations that the company illegally included a gag clause in contracts that imposed $2,000 fines on homebuyers who made statements portraying the company “in a bad light.”

As part of the settlement, Davis Homes has agreed not to interfere with customers’ liberty to speak freely about their experiences. The company denies the allegation that it violated the Consumer Review Fairness Act and admits to no other wrongdoing.

“Under the law, Hoosiers have the right to share their opinions about products and services,” Attorney General Rokita said. “With this action, we are protecting that right.”

The Consumer Review Fairness Act of 2016 makes it illegal for companies to include in form contracts a provision that restricts a consumer’s ability to communicate reviews or assessments of a seller’s goods, services, or conduct. The Act also outlaws imposing a penalty or fee on any consumer who does make a review or assessment of a seller.

Before obtaining the settlement, Attorney General Rokita’s team also alleged that Davis Homes violated the Indiana Deceptive Consumer Sales Act with its contract language.

The Assurance of Voluntary Compliance requires the home builder to immediately end the use of the offending clause in its consumer contracts and to not attempt to enforce the clause on anyone who has already signed a contract with the builder. The home builder is also required to notify consumers who recently signed a contract with the builder that the clause is null and void.

Any Indiana consumers who signed a contract that contains a similar clause restricting or penalizing their ability to give honest reviews of a business can file a complaint with the Consumer Protection Division of the Indiana Attorney General’s Office at IndianaConsumer.com or by calling 1-800-382-5516. 

The Assurance of Voluntary Compliance is attached.

• Assurance of Voluntary Compliance
• Petition to Approve AVC

STATEHOUSE (Feb. 6, 2025) – State Rep. Cindy Ledbetter (R-Newburgh) recently presented a resolution to raise awareness of heart disease in women during American Heart Month.

Nearly 45% of American women over the age of 20 are living with a cardiovascular disease, yet awareness of the risks, symptoms and precursors to heart disease has decreased by almost 20% in the last decade. Ledbetter said House Resolution 10 urges Hoosiers to learn more about cardiovascular health and show support for women fighting against heart disease.

“We know women are underrepresented in research on heart disease and strokes, leading to a lack of awareness on this important issue,” Ledbetter said. “I hope that by recognizing these gaps through my resolution, more women will take charge of their heart health and learn about the risks, potentially saving lives.”

Cardiovascular disease is the leading cause of death in women. To counteract the trend, the “Go Red for Women” movement by the American Heart Association is dedicated to educating America on the impact heart disease has on women and the steps to prevention.