Title 24 — Trade Regulation

Art. 1 Combinations in Restraint of Trade

Ch. 1 Contracts to Prevent Competition

IC 24-1-1-1 Contracts against public policy; null and void contracts

Sec. 1. From and after April 14, 1897, all arrangements, contracts, agreements, trusts or combinations between persons or corporations who control the output of any article of merchandise, made with a view to lessen, or which tend to lessen, full and free competition in the importation or sale of articles imported into this state, and all arrangements, contracts, agreements, trusts, or combinations between persons or corporations who control the output of said article of merchandise, designed, or which tend to advance, reduce, or control the price or the cost to the producer or to the consumer of any such product or article, are hereby declared to be against public policy, unlawful, and void.

Formerly: Acts 1897, c.104, s.1. As amended by P.L.152-1986, SEC.1.

IC 24-1-1-2 Violation of chapter; domestic corporations; forfeiture of charter and franchise; foreign corporations; prohibition

Sec. 2. Any corporation, chartered under the laws of this state, which shall violate any of the provisions of this chapter shall thereby forfeit its charter and its franchise, and its corporate existence shall thereupon cease and determine. Every foreign corporation which shall violate any of the provisions of this chapter is hereby denied the right to do and is prohibited from doing business in this state. It is hereby made the duty of the attorney general of the state to enforce this section by due process of law.

Formerly: Acts 1897, c.104, s.2. As amended by P.L.152-1986, SEC.2.

IC 24-1-1-3 Offense

Sec. 3. A person who knowingly violates this chapter commits a Level 5 felony.

Formerly: Acts 1897, c.104, s.3. As amended by Acts 1978, P.L.2, SEC.2401; P.L.158-2013, SEC.269.

IC 24-1-1-4 Persons affected by chapter; exception

Sec. 4. The persons designed by this chapter to be affected by this chapter are those who own, control, or manufacture the output of any particular article of merchandise mentioned in this chapter; provided, however, that the provisions of this chapter shall not apply to agricultural products or livestock while in the possession of the producer or raiser.

Formerly: Acts 1897, c.104, s.4. As amended by P.L.152-1986, SEC.3.

IC 24-1-1-5 Civil suit for damages

Sec. 5. Any person or persons or corporations that may be injured or damaged by any such arrangement, contract, agreement, trust, or combination described in section 1 of this chapter may sue for and recover in any court of competent jurisdiction in this state, of any person, persons, or corporation operating such trust or combination, the full consideration or sum paid by him or them for any goods, wares, merchandise, or articles, the sale of which is controlled by such combination or trust.

Formerly: Acts 1897, c.104, s.5. As amended by P.L.152-1986, SEC.4.

IC 24-1-1-5.1 Attorney general may bring action on behalf of the state or a political subdivision

Sec. 5.1. The attorney general may bring an action on behalf of the state or a political subdivision (as defined in IC 34-6-2.1-155) for injuries or damages sustained directly or indirectly as a result of a violation of this chapter.

As added by P.L.135-2008, SEC.1. Amended by P.L.186-2025, SEC.126.

IC 24-1-1-5.2 Attorney general may bring action on behalf of the state or a political subdivision

Sec. 5.2. (a) The attorney general may bring an action in a county on behalf of the state or a political subdivision (as defined in IC 34-6-2.1-155) for injuries or damages sustained directly or indirectly as a result of a violation of this chapter.

(b) An action brought under this section may be brought, without respect to the amount in controversy, in a circuit or superior court in a county in which the defendant resides or is engaged in business, or in which service may be obtained.

(c) The plaintiff in an action brought under this section is entitled to recover a penalty of threefold the damages awarded in the action, plus reasonable costs and attorney's fees.

As added by P.L.135-2008, SEC.2. Amended by P.L.186-2025, SEC.127.

IC 24-1-1-6 Special grand jury instructions

Sec. 6. It shall be the duty of the judges of the courts of this state specially to instruct the grand juries as to the provisions of this chapter.

Formerly: Acts 1897, c.104, s.6. As amended by P.L.152-1986, SEC.5; P.L.84-2016, SEC.100.

Ch. 2 Combinations Restraining Trade

IC 24-1-2-1 Illegal combinations; exceptions; offense; defense

Sec. 1. Every scheme, contract, or combination in restraint of trade or commerce, or to create or carry out restrictions in trade or commerce, or to deny or refuse to any person participation, on equal terms with others, in any telegraphic service transmitting matter prepared or intended for public use, or to limit or reduce the production, or increase or reduce the price of merchandise or any commodity, or to prevent competition in manufacturing, within or without this state, is illegal, but this chapter may not be construed to apply to or repeal, modify or limit, or make unlawful any of the powers, rights or privileges now existing or conferred by law upon any person. A person who makes such a contract, engages in such a combination, or enters into such a scheme, or does within this state any act in furtherance of such a contract, combination, or scheme entered into without this state, commits a Class A misdemeanor. However, it is a defense to any action growing out of any violation of any law relating to the subject-matter of this chapter for the defendant to prove that the violation is not in restraint of trade or commerce, or does not restrict trade or commerce, limit or reduce the production, or increase or reduce the price of merchandise or any commodity, or prevent competition in manufacturing.

Formerly: Acts 1907, c.243, s.1. As amended by Acts 1978, P.L.2, SEC.2402.

IC 24-1-2-2 Monopoly; offense

Sec. 2. A person who monopolizes any part of the trade or commerce within this state commits a Class A misdemeanor.

Formerly: Acts 1907, c.243, s.2. As amended by Acts 1978, P.L.2, SEC.2403.

IC 24-1-2-3 Restraint of bidding for letting contracts; offense

Sec. 3. A person who engages in any scheme, contract, or combination to restrain or restrict bidding for the letting of any contract for private or public work, or restricts free competition for the letting of any contract for private or public work, commits a Class A misdemeanor.

Formerly: Acts 1907, c.243, s.3. As amended by Acts 1978, P.L.2, SEC.2404.

IC 24-1-2-4 Collusion among contract bidders; civil action by principal; action by attorney general

Sec. 4. If there shall be collusion or fraud of any kind or character among the bidders at the letting of any contract or work as provided in section 3 of this chapter, then the principal who lets the contract or work, or for whom the contract was let, shall not be liable for such letting or on account of said contract or work, or any part thereof, to the successful bidder to whom the contract or work was let, his successors or assigns, if such successful bidder be a party, directly or indirectly, to such collusion or fraud on such contract or letting, or for any work, materials furnished, or thing done in discharge thereof or with reference thereto, and if before notice of such collusion or fraud payment or partial payment thereon or therefor shall have been made, such principal may at any time within five (5) years from the date of the last payment made thereon or therefor in an appropriate action in any court of competent jurisdiction in this state recover to the full amount of such payment or payments with interest to date of judgment thereon, and attorney's fees, against such successful bidder, and such recovery shall not be a bar to any action, either civil or criminal, brought against such bidder on account of any violation of this chapter on behalf of the state by the attorney general, a prosecuting attorney, or otherwise.

Formerly: Acts 1907, c.243, s.4. As amended by P.L.152-1986, SEC.6.

IC 24-1-2-5 Duty of attorney general and prosecuting attorney; civil and criminal proceedings

Sec. 5. It shall be the duty of the attorney general and of the prosecuting attorney of each judicial circuit to institute appropriate proceedings to prevent and restrain violations of the provisions of this chapter or any other statute or the common law relating to the subject matter of this chapter and to prosecute any person or persons guilty of having violated any of the penal provisions thereof. In all criminal proceedings the prosecution may be by way of affidavit or indictment the same as in other criminal matters, and the attorney general shall have concurrent jurisdiction with the prosecuting attorneys in instituting and prosecuting any such actions. All civil proceedings to prevent and restrain violations shall be in the name of the state of Indiana upon relation of the proper party. The attorney general may file such proceedings upon the attorney general's own relation or that of any private person in any circuit or superior court of the state, without applying to such court for leave, when the attorney general shall deem it the attorney general's duty so to do. Such proceedings shall be by information filed by any prosecuting attorney in a circuit or superior court of the proper county upon the prosecuting attorney's own relation whenever the prosecuting attorney shall deem it the prosecuting attorney's duty so to do, or shall be directed by the court or governor or attorney general, and an information may be filed by any taxpayer on the taxpayer's own relation. If judgment or decree be rendered against any domestic corporation or against any person claiming to be a corporation, the court may cause the costs to be collected by execution against the person claiming to be a corporation or by attachment against any or all of the directors or officers of the corporation, and may restrain the corporation or any director, agent, employee, or stockholder and appoint a receiver for its property and effects, and take an accounting and make distribution of its assets among its creditors, and exercise any other power or authority necessary and proper for carrying out the provisions of this chapter. If judgment or decree be rendered against any corporation incorporated under the laws of the United States, or of any district or territory thereof, or of any state other than this state, or of any foreign country, the court may cause the costs to be collected as in this section provided and may render judgment and decree of ouster perpetually excluding such corporation from the privilege of transacting business in the state of Indiana and forfeiting to the school corporation's education fund or operations fund any or all property of such corporation within the state, and shall exercise such power and authority with regard to the property of such corporation as may be exercised with regard to that of domestic corporations.

Formerly: Acts 1907, c.243, s.5; Acts 1923, c.82, s.1. As amended by P.L.152-1986, SEC.7; P.L.238-2019, SEC.21.

IC 24-1-2-5.1 Attorney general actions for violations; remedies

Sec. 5.1. (a) The attorney general may bring an action on behalf of the state or a political subdivision (as defined in IC 34-6-2.1-155) for one (1) or more of the following, together with the costs and expenses of the suit, including reasonable attorney's fees and expert fees, in connection with a violation of this chapter:

(1) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation.

(2) A civil penalty, as prescribed in subsection (c).

(3) Injuries or damages sustained directly or indirectly by the state or political subdivision as a result of the violation.

(b) The attorney general may bring an action in the name of the state as parens patriae on behalf of one (1) or more natural persons residing in Indiana for one (1) or more of the following, together with the costs and expenses of the suit, including reasonable attorney's fees and expert fees, in connection with a violation of this chapter:

(1) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation.

(2) A civil penalty, as prescribed in subsection (c).

(3) Injuries or damages sustained directly or indirectly by the one (1) or more natural persons as a result of the violation.

(c) In an action brought under subsection (a) or (b) after June 30, 2023, the attorney general may recover a civil penalty of not more than:

(1) one hundred thousand dollars ($100,000) per violation from any natural person who violates this chapter; or

(2) one million dollars ($1,000,000) from any other person (as defined in section 10 of this chapter), other than a natural person, that violates this chapter.

As added by P.L.135-2008, SEC.3. Amended by P.L.6-2023, SEC.1; P.L.186-2025, SEC.128.

IC 24-1-2-6 Discovery proceedings; examination of defendant; sanctions for noncompliance

Sec. 6. In all proceedings instituted under and pursuant to section 5 of this chapter, the plaintiff may propound interrogatories to the defendant or defendants to be answered by such defendant or defendants under oath, as is provided by law in civil actions, and if any defendant to whom interrogatories be propounded as aforesaid be a corporation, then such interrogatories shall be answered by the highest officer of such corporation, or by any other officer, agent, or employee of such corporation designated by the plaintiff. The plaintiff in any such action shall be entitled upon motion to an order for an examination under oath before trial of any defendant or all the defendants in such action, and if any defendant in such action be a corporation, then of any officer, agent, or employee of any such defendant corporation, concerning any or all of the facts alleged in the information or other pleadings in such cause. The said defendant shall be given five (5) days' notice by the plaintiff of the time and place of the taking of said examination, but such officer, agent, or employee shall not be compelled to attend such examination except in the county where he resides or where the principal office or place of business of such corporation be situate in this state. If such defendant corporation be incorporated under the laws of the United States, or of any district or territory thereof, or of any state other than the state of Indiana, or of any foreign country, and the officer, agent, or employee to be examined be without the jurisdiction of this state, then such defendant shall produce the officer, agent, or employee to be examined as aforesaid at some place in the city or town where the principal office or place of business of such defendant be situate, upon five (5) days' notice being served upon the attorneys of such defendant corporation of the time and place fixed for the examination of such officer, agent or employee. In any examination of any defendant or of any officer, agent, or employee of any defendant corporation, such defendant officer, agent or employee may be compelled upon notice to produce for inspection by the plaintiff and to testify concerning the same, or for use in evidence upon the trial, or both, all books, papers, documents, or writings pertaining or in any wise relating to the facts, or any of them, stated in the information or other pleadings filed in the cause. In such notice to produce for inspection and testimony or for trial, or both, it shall only be necessary to notify the defendant or the attorney or attorneys of the defendant to produce, at the time and place fixed in the notice, all books, papers, documents, or writings pertaining or in any wise relating to the facts stated in the information or other pleadings filed, and it shall not be necessary to state in such notice the particular books, papers, documents, or writings to be produced at such time and place. Such examinations shall be taken before an officer authorized to take depositions and may be continued from day to day. Upon the failure or refusal of any defendant to comply with any order made as aforesaid to answer interrogatories, or for the examination of the defendant or the officer, agent, or employee of any defendant corporation, or upon the failure or refusal of any defendant corporation to produce any officer, agent, or employee for examination when notified as aforesaid, or upon the failure or refusal of any defendant to produce books, papers, documents, and writings when notified as aforesaid, then all pleadings of such defendant so failing to comply with such order or notice shall be stricken from the files upon motion supported by affidavit, and the allegations of the information as to such defendant in default shall be taken as confessed and judgment and decree shall be entered accordingly.

Formerly: Acts 1907, c.243, s.6. As amended by P.L.152-1986, SEC.8.

IC 24-1-2-7 Treble damage action; attorney general's representation of state or political subdivision

Sec. 7. (a) Any person whose business or property is injured by a violation of this chapter may bring an action in the circuit or superior court of any county in which the defendant resides or is found without respect to the amount in controversy, and is entitled to recover a penalty of threefold the damages awarded in the action, together with the costs of suit, including reasonable attorney's fees.

(b) The attorney general may bring an action under this section on behalf of the state or a political subdivision if the state or political subdivision has been directly or indirectly injured by a violation of this section.

Formerly: Acts 1907, c.243, s.7. As amended by P.L.152-1986, SEC.9; P.L.135-2008, SEC.4.

IC 24-1-2-8 General importance of case; certificate

Sec. 8. In any proceeding under this chapter the attorney general or prosecuting attorney may file with the clerk of the court a certificate that in his opinion the case is of general importance, a copy of which shall be immediately furnished by said clerk to the judge or each of the judges of the court wherein the proceedings may be pending, and the court shall thereupon make the proper orders in the premises.

Formerly: Acts 1907, c.243, s.8. As amended by P.L.152-1986, SEC.10.

IC 24-1-2-9 Costs of proceedings

Sec. 9. Whenever an information is filed by the attorney general or by any prosecuting attorney, such officer shall not be liable for costs; but when it is filed upon the relation of a private person, the officer shall be liable for costs unless the same are adjudged against the defendant. In all proceedings instituted under the provisions of this chapter by the attorney general or by the prosecuting attorney on the order and direction of the court, the attorney general, or the governor, all necessary costs and expenses of the prosecution shall be paid out of moneys in the state treasury not otherwise appropriated if such costs cannot be collected from the defendant or defendants, in case judgment be rendered against such defendant or defendants, and it shall be the duty of the state comptroller, upon receipt from the attorney general of a statement of the costs and expenses of any such prosecution, to draw the state comptroller's warrant upon the treasurer of state for the amount so certified. However, the attorney general shall not involve the state in any extraordinary expense for experts or other assistants without first obtaining the consent of the governor, and twenty thousand dollars ($20,000) is appropriated biennially from any funds of the state not otherwise appropriated to defray the expenses of such prosecutions by the attorney general. Such prosecuting attorney shall also be allowed by the court trying such cause reasonable compensation for the prosecuting attorney's services, and such allowances shall be paid as part of the costs and expenses of such prosecution.

Formerly: Acts 1907, c.243, s.9. As amended by P.L.152-1986, SEC.11; P.L.9-2024, SEC.445.

IC 24-1-2-10 Person; definition

Sec. 10. The words "person" or "persons" whenever used in this chapter shall be deemed to include corporations, associations, limited liability companies, joint stock companies, partnerships, limited or otherwise, existing under or authorized by the laws of the state of Indiana, or of the United States, or of any state, territory, or district of the United States, or of any foreign country.

Formerly: Acts 1907, c.243, s.10. As amended by P.L.152-1986, SEC.12; P.L.8-1993, SEC.335.

IC 24-1-2-11 Examination of witness or party; immunity from criminal prosecution

Sec. 11. Any person or officer, agent, or employee of a corporation may be examined as a witness or a party as in other cases, in any civil action instituted under the provisions of this chapter and required to disclose all the facts relevant to the case in the person's, officer's, agent's, or employee's knowledge as provided in this chapter, but the testimony of such witness or party or any answer to any question propounded to the witness or party in such examination shall not be used against such witness or party in any criminal prosecution except in case of perjury committed by the witness or party during the testimony or examination; and the witness or party shall not be liable to trial by indictment or affidavit or to punishment for any offense inquired about. However, that such exemption shall be personal to such witness and shall not exempt or render immune the corporation of which such witness shall be an officer, agent, or employee, and such corporation shall be as liable for any violation of this chapter as if such officer, agent, or employee had not so testified.

Formerly: Acts 1907, c.243, s.11; Acts 1923, c.82, s.2. As amended by P.L.152-1986, SEC.13; P.L.136-2018, SEC.137.

IC 24-1-2-12 Cumulative and supplemental effect of chapter

Sec. 12. The provisions of this chapter shall be held cumulative of or supplemental to each other and of all other laws in any way affecting them, or any matter which in any manner is the subject of this chapter in this state, and cumulative of and supplemental to the common law of this state relative thereto or to any thereof.

Formerly: Acts 1907, c.243, s.12. As amended by P.L.152-1986, SEC.14.

Ch. 3 Combinations to Prevent Sale of Supplies

IC 24-1-3-1 Offenses; voiding contracts

Sec. 1. A person who enters into any contract or combination to induce, procure, or prevent any wholesale or retail dealer in or manufacturer of merchandise or of supplies or of material or articles intended for trade or used by any mechanic, artisan, or dealer in the prosecution of his business from selling such supplies to any dealer or to any mechanic or artisan commits a Class A misdemeanor. A dealer in or manufacturer of such supplies, material, or articles who is a party to any such contract or combination or who upon the request of any party to any such contract or combination refuses to sell such supplies, materials, or articles to any other person who may require them in the prosecution of his business, for the reason that the other person is not a member of a combination or association of persons, commits a Class A misdemeanor. All such contracts and combinations are void.

Formerly: Acts 1899, c.148, s.1. As amended by Acts 1978, P.L.2, SEC.2405.

IC 24-1-3-2 Repealed

Formerly: Acts 1899, c.148, s.2. Repealed by Acts 1978, P.L.2, SEC.2426.

IC 24-1-3-3 Continuing violations; penalties

Sec. 3. Each and every person, firm, limited liability company, or association of persons who shall in any manner violate the provisions of this chapter shall, for each and every day that such violation shall be committed and continued after due notice given by the party interested to the attorney general or prosecuting attorney, forfeit and pay the sum of fifty dollars ($50), which may be recovered in the name of the state on the relation of the party injured or on the relation of the prosecuting attorney in any county where the offense is committed or where the offender or offenders reside. And it shall be the duty of the prosecuting attorney of any county to prosecute any such action, and he shall be entitled to a fee of twenty-five dollars ($25) to be taxed against the defendant in the event of recovery as a part of the costs of said action. Any such action may be taken in any circuit or superior court of the county in which the defendant resides or in which he is engaged in business.

Formerly: Acts 1899, c.148, s.3. As amended by P.L.152-1986, SEC.15; P.L.8-1993, SEC.336.

IC 24-1-3-3.1 Attorney general may bring action on behalf of the state or a political subdivision

Sec. 3.1. The attorney general may bring an action on behalf of the state or a political subdivision (as defined in IC 34-6-2.1-155) for injuries or damages sustained directly or indirectly as a result of a:

(1) contract or combination described in section 1 of this chapter; or

(2) violation of this chapter.

As added by P.L.135-2008, SEC.5. Amended by P.L.186-2025, SEC.129.

IC 24-1-3-4 Civil action by injured party; attorney general's representation of the state or political subdivision

Sec. 4. (a) Any person who has suffered injuries or damages as a result of a contract or combination described in section 1 of this chapter, or by any other violation of this chapter, may bring an action in a circuit or superior court having jurisdiction in the county where the defendant resides or is engaged in business, or in any county where service may be obtained, without respect to the amount in controversy. The plaintiff in an action brought under this section is entitled to recover threefold damages awarded in the action, plus reasonable costs and attorney's fees.

(b) The attorney general may bring an action under this section on behalf of the state or a political subdivision.

Formerly: Acts 1899, c.148, s.4. As amended by P.L.152-1986, SEC.16; P.L.135-2008, SEC.6.

IC 24-1-3-5 Service of process; parties residing outside county in which action arises

Sec. 5. Whenever it shall appear to the court before which any proceedings under this chapter may be pending that the ends of justice require that other parties shall be brought before the court, said court may cause them to be made parties defendant and cause them to be served by the process of court as required by law in such cases provided, whether they reside in the county where said action is pending or not.

Formerly: Acts 1899, c.148, s.5. As amended by P.L.152-1986, SEC.17.

Ch. 4 Combinations Compelling Manufacturers to Close Down

IC 24-1-4-1 Refusal to furnish product in ordinary commercial usage; violation of public policy; unlawful and void act

Sec. 1. From and after March 8, 1901, all arrangements, agreements, trusts, or combinations, or any agreement or arrangements that are made whereby a party or corporation refuses to furnish any article or articles required to be used in the manufacture of any article or merchandise when the party or corporation can furnish the same, or by charging more than the regular and ordinary price for the same or doing or refusing to do any act or acts that would cause such party to cease to manufacture such article or hinder such person or corporation from so doing, and all arrangements, contracts, or acts done or performed between any person or corporation made for the purpose of compelling any person or corporation engaged in the business of manufacturing any article of merchandise to cease manufacturing any such article, or compelling the same to close down or go out of business, are hereby declared to be against public policy, unlawful, and void.

Formerly: Acts 1901, c.107, s.1. As amended by P.L.152-1986, SEC.18.

IC 24-1-4-2 Violation of chapter; domestic corporations; forfeiture of charter and franchise; foreign corporations; prohibition; duty of attorney general

Sec. 2. (a) Any corporation chartered under the laws of this state which shall violate any of the provisions of this chapter shall thereby forfeit its charter and its franchise, and its corporate existence shall thereupon cease and terminate. Every foreign corporation which shall violate any of the provisions of this chapter is hereby denied the right to do and is prohibited from doing business in this state.

(b) It is hereby made the duty of the attorney general of the state to enforce the provisions of this chapter by due process of law.

Formerly: Acts 1901, c.107, s.2. As amended by P.L.152-1986, SEC.19.

IC 24-1-4-3 Offense

Sec. 3. A person who knowingly violates this chapter commits a Level 5 felony.

Formerly: Acts 1901, c.107, s.3. As amended by Acts 1978, P.L.2, SEC.2406; P.L.158-2013, SEC.270.

IC 24-1-4-4 Violation of chapter; civil action for damages; attorney general

Sec. 4. (a) Any person who has suffered injuries or damages as a result of an arrangement, contract, agreement, trust, or combination described in section 1 of this chapter may bring an action in any court of competent jurisdiction in this state to recover the full consideration or sum paid by the person for any goods, wares or merchandise, or article the sale of which is controlled by the combination or trust. In addition, the person is entitled to recover a penalty of threefold the damages awarded in the action, plus reasonable costs and attorney's fees.

(b) The attorney general may bring an action under this section on behalf of the state or a political subdivision.

Formerly: Acts 1901, c.107, s.4. As amended by P.L.152-1986, SEC.20; P.L.135-2008, SEC.7.

IC 24-1-4-5 Attorney general's representation of the state or a political subdivision

Sec. 5. The attorney general may bring an action on behalf of the state or any political subdivision (as defined in IC 34-6-2.1-155) that has been directly or indirectly injured or damaged by:

(1) an arrangement, agreement, trust, or combination described in section 1 of this chapter; or

(2) any other violation of this chapter.

As added by P.L.135-2008, SEC.8. Amended by P.L.186-2025, SEC.130.

Ch. 5 Motion Picture Fair Competition

IC 24-1-5-1 Definitions

Sec. 1. As used in this chapter:

"Person" includes one (1) or more individuals, partnerships, limited liability companies, associations, societies, trusts, organizations, or corporations.

"Theater" means an establishment in which motion pictures are exhibited to the public regularly for a charge.

"Distributor" means a person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing.

"Exhibitor" means a person engaged in the business of operating one (1) or more theaters.

"Exhibit" or "exhibition" means showing a motion picture to the public for a charge.

"Invitation to bid" or "invite bids" means a written or oral solicitation by a distributor to one (1) or more exhibitors to bid for the right to exhibit a motion picture.

"Bid" means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture.

"Trade screening" means the showing of a motion picture by a distributor at some location within the state which is open to any exhibitor from whom the distributor intends to invite bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture.

"Blind selling" means the bidding or negotiating for, or the offering or agreeing to terms for, the licensing or exhibition of a motion picture before the motion picture has either been trade screened within the state or before such motion picture has been made available for viewing within the state by all exhibitors from whom the distributor is inviting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.

"Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area; a "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after a second run.

"Exclusive run" means a run limited to a single theater in a defined geographic area.

As added by Acts 1980, P.L.161, SEC.1. Amended by P.L.8-1993, SEC.337.

IC 24-1-5-2 Blind selling prohibited

Sec. 2. Blind selling is unlawful in this state and an agreement which attempts to waive this prohibition is void.

As added by Acts 1980, P.L.161, SEC.1.

IC 24-1-5-3 Notice of trade screening to exhibitors

Sec. 3. A distributor must provide reasonable and uniform notice of a trade screening of a motion picture to those exhibitors within the state from whom he intends to invite bids or with whom he intends to negotiate for the right to exhibit that motion picture.

As added by Acts 1980, P.L.161, SEC.1.

IC 24-1-5-4 Invitation to bids; requisites

Sec. 4. If bids are invited from exhibitors for the licensing of a motion picture, the invitation to bid shall specify:

(1) whether the run for which the bid is invited is a first, second, or subsequent run;

(2) whether the run is an exclusive or nonexclusive run;

(3) the geographic area for the run;

(4) the date and hour the invitation to bid expires; and

(5) the time and date when, and the location of the office serving the territory where, the bids will be opened.

As added by Acts 1980, P.L.161, SEC.1.

IC 24-1-5-5 Submitting and opening bids

Sec. 5. All bids must be submitted in writing and shall be opened at the designated time in the presence of those exhibitors, or their agents, who are present for the bid opening. The opened bids are subject to examination by the exhibitors or their agents.

As added by Acts 1980, P.L.161, SEC.1.

IC 24-1-5-6 Notice to bidders

Sec. 6. Within ten (10) business days of the bid opening, the distributor shall give notice of the name of the winning bidder or the fact that none of the bids were accepted to each exhibitor submitting a bid.

As added by Acts 1980, P.L.161, SEC.1.

IC 24-1-5-7 Violations; civil remedies; attorney's fees

Sec. 7. In a successful civil action against a person for violating this chapter, the court shall award the plaintiff damages and reasonable attorney fees. The provisions of this chapter may be enforced by injunction or other equitable remedy.

As added by Acts 1980, P.L.161, SEC.1.

Art. 2 Trademarks, Trade Names, and Trade Secrets

Ch. 1 Trademark Act

IC 24-2-1-0.1 Application of certain amendments to chapter

Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The addition of sections 0.5, 4.5, 8.5, 13.5, 14.5, and 15.3 of this chapter by P.L.135-2006 does not affect a legal proceeding or appeal initiated under this chapter before July 1, 2006.

(2) The amendments made to sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this chapter by P.L.135-2006 do not affect a legal proceeding or appeal initiated under this chapter before July 1, 2006.

As added by P.L.220-2011, SEC.385.

IC 24-2-1-0.5 Intent; judicial or administrative interpretation

Sec. 0.5. This chapter is intended to provide a system of state trademark registration and protection that is consistent with the federal system of trademark registration and protection under the Trademark Act of 1946. A judicial or an administrative interpretation of a provision of the federal Trademark Act may be considered as persuasive authority in construing a provision of this chapter.

As added by P.L.135-2006, SEC.1.

IC 24-2-1-1 Repealed

Formerly: Acts 1955, c.174, s.1. As amended by P.L.152-1986, SEC.21. Repealed by P.L.135-2006, SEC.21.

IC 24-2-1-2 Definitions

Sec. 2. The following definitions apply throughout this chapter:

(1) "Abandoned" means either of the following:

(A) The person who owns the mark has discontinued use of the mark and does not intend to resume use of the mark. A person's intent not to resume use of the mark may be inferred from the circumstances. Three (3) consecutive years without use of a mark constitutes prima facie evidence that the use of the mark has been abandoned.

(B) The conduct of the owner, including an act or omission, has caused the mark to lose its significance as a mark.

(2) "Applicant" means a person who files an application for registration of a mark under this chapter and the legal representatives, successors, or assigns of the person.

(3) "Dilution" means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of:

(A) competition between the owner of the famous mark and other parties; or

(B) the likelihood of confusion, mistake, or deception.

(4) "Mark" means a trademark or service mark that is entitled to registration under this chapter, whether the mark is registered or not.

(5) "Person" means:

(A) a human being;

(B) a corporation;

(C) a partnership;

(D) a limited liability company; or

(E) any other entity or organization:

(i) capable of suing and being sued in a court of law;

(ii) entitled to a benefit or privilege under this chapter; or

(iii) rendered liable under this chapter.

(6) "Registrant" means a person to whom the registration of a mark under this chapter is issued and the legal representatives, successors, or assigns of the person.

(7) "Secretary" means the secretary of state or the designee of the secretary charged with the administration of this chapter.

(8) "Service mark" means a word, name, symbol, device, or combination of a word, name, symbol, or device that is used by a person to:

(A) identify a service, including a unique service, of a person and distinguish the person's service from the service of another person; and

(B) indicate the source of a service, even if the source is unknown.

Titles and character names and other distinctive features of radio or television programs used by a person may be registered as a service mark even though the radio or television programs may advertise the goods of the sponsor.

(9) "Trademark" means any word, name, symbol, or device or any combination of a word, name, symbol, or device that is used by a person to:

(A) identify and distinguish goods, including a unique product, of a person and distinguish the person's goods from goods manufactured or sold by another person; and

(B) indicate the source of the goods, even if the source is unknown.

(10) "Trade name" means a name used by a person to identify a business or vocation of the person.

(11) "Use" means the bona fide use of a mark in the ordinary course of trade and not a use made merely to reserve a right in a mark. A mark is considered to be in use:

(A) on or in connection with a good if the:

(i) mark is placed in any manner on the good, a container for the good, a display associated with the good, or a tag or label affixed to the good; or

(ii) nature of the good makes placement of the mark as described in item (i) impracticable and the mark is placed on a document associated with the good or with the sale of the good; and

(B) if the good described in clause (A) is sold or transported in Indiana.

A mark is considered to be in use on or in connection with a service if the mark is used or displayed in the sale or advertising of the service and the service is rendered in Indiana.

Formerly: Acts 1955, c.174, s.2; Acts 1959, c.256, s.1. As amended by P.L.152-1986, SEC.22; P.L.8-1993, SEC.338; P.L.135-2006, SEC.2.

IC 24-2-1-3 Registerability

Sec. 3. A mark by which the goods or services of an applicant may be distinguished from other goods or services may not be registered if the mark:

(1) consists of or comprises immoral, deceptive, or scandalous matter;

(2) consists of or comprises matter that may:

(A) disparage or falsely suggest a connection with:

(i) persons living or dead;

(ii) institutions;

(iii) beliefs; or

(iv) national symbols; or

(B) bring into contempt or disrepute:

(i) persons living or dead;

(ii) institutions;

(iii) beliefs; or

(iv) national symbols;

(3) consists of or comprises the flag, coat of arms, or other insignia of:

(A) the United States;

(B) a state or municipality;

(C) the United Nations; or

(D) a foreign nation;

(4) consists of or comprises the name, signature, or portrait identifying a particular living individual, unless the individual provides written consent; or

(5) is a mark that:

(A) if used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of the goods or services;

(B) if used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively geographically misdescriptive of the goods or services; or

(C) is primarily merely a surname.

This subdivision does not prevent the registration of a mark that is used in Indiana by the applicant and has become distinctive of the applicant's goods or services. The secretary may accept proof of continuous use of a mark by the applicant in Indiana for the five (5) years immediately preceding the date on which the claim of distinctiveness is made as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services; or

(6) is a mark that so resembles a mark registered in Indiana or a mark or trade name previously used by another person in Indiana and not abandoned, as to be likely, if used on or in connection with the goods or services of the applicant, to cause deception, confusion, or mistake.

Formerly: Acts 1955, c.174, s.3; Acts 1959, c.256, s.2. As amended by P.L.152-1986, SEC.23; P.L.135-2006, SEC.3.

IC 24-2-1-4 Electronic application

Sec. 4. (a) Subject to the limitations of this chapter, a person who uses a mark in Indiana may file in the office of the secretary, in a manner that complies with the requirements of the secretary, an electronic application for registration of the mark. The electronic application must include the following information:

(1) The name and business address of the person applying for registration of the mark, and:

(A) if the applicant is a corporation, the state of incorporation;

(B) if the applicant is a partnership, the:

(i) state in which the partnership is organized; and

(ii) names of the general partners, as specified by the secretary; or

(C) if the applicant is another form of legal entity, the jurisdiction in which the legal entity was organized.

(2) The:

(A) goods or services on or in connection with which the mark is used;

(B) mode or manner in which the mark is used on or in connection with the goods or services; and

(C) class in which the goods or services fall.

(3) The date on which the mark was first used anywhere and the date on which the mark was first used in Indiana by the applicant or the applicant's predecessor in business.

(4) A statement that:

(A) the applicant is the owner of the mark;

(B) the mark is in use; and

(C) to the knowledge of the person verifying the electronic application, another person:

(i) has not registered the mark, either federally or in Indiana; or

(ii) does not have the right to use the mark either in the identical form or in such near resemblance to the form as to be likely, if applied to the goods or services of the other person, to cause deception, confusion, or mistake.

(b) The secretary may also require on an electronic application:

(1) a statement indicating whether an application to register a mark, parts of a mark, or a composite of a mark, has been filed by the applicant or a predecessor in the interest of the applicant in the United States Patent and Trademark Office. If an application has previously been filed in the United States Patent and Trademark Office, the applicant must provide full particulars with respect to the previous application, including the:

(A) filing date and serial number of each application;

(B) status of each application; and

(C) reason or reasons for the refusal of the application or the nonregistration of the mark if an application to register the mark was finally refused registration or if an application to register the mark has not resulted in a registration; and

(2) a drawing of the mark that complies with the requirements of the secretary.

(c) The electronic application must be signed and verified under oath, affirmation, or declaration subject to perjury laws by:

(1) the applicant;

(2) a member of the applicant firm or applicant limited liability company; or

(3) an officer of the applicant corporation, association, or other form of legal entity.

The electronic application must be accompanied by one (1) sample image showing actual use of the mark. The electronic application must be accompanied by an application fee payable to the secretary.

Formerly: Acts 1955, c.174, s.4; Acts 1959, c.256, s.3. As amended by P.L.152-1986, SEC.24; P.L.8-1993, SEC.339; P.L.135-2006, SEC.4; P.L.128-2017, SEC.5; P.L.59-2018, SEC.1.

IC 24-2-1-4.5 Examination; amended electronic application; component of mark not eligible for registration; reexamination; concurrent applications; civil action

Sec. 4.5. (a) If a person files an electronic application for registration of a mark and pays the appropriate application fee described in section 15.3 of this chapter, the secretary may examine the electronic application for conformity with this chapter.

(b) An applicant must provide additional information requested by the secretary, including a description of a design mark.

(c) An applicant may make or authorize the secretary to make reasonable amendments to an electronic application that are requested by the secretary or are considered by the applicant to be advisable to respond to a rejection or an objection.

(d) The secretary may require an applicant to submit a new electronic application if the secretary determines amendments to the electronic application are necessary and the applicant does not make or authorize the secretary to make amendments under subsection (c).

(e) The secretary may require an applicant to disclaim a component of a mark that is not eligible for registration, and an applicant may voluntarily disclaim a component of a mark for which registration is sought. A disclaimer does not prejudice or affect the applicant's rights:

(1) existing at the time of application or arising after application is made in the disclaimed matter; or

(2) on another application if the disclaimed matter is or becomes distinctive of the applicant's goods or services.

(f) If an applicant is not entitled to registration of a mark under this chapter, the secretary shall advise the applicant of the reason the applicant is not entitled to registration of the mark. The applicant has a reasonable time specified by the secretary:

(1) to reply to the reason the applicant is not entitled to registration; or

(2) to amend the electronic application.

If the applicant replies to the secretary or amends the electronic application within the reasonable time, the secretary shall reexamine the electronic application.

(g) The procedure under subsection (f) may be repeated until:

(1) the secretary finally refuses registration of the mark; or

(2) the applicant fails to reply or amend the electronic application within the time specified by the secretary, at which time the secretary shall consider the application to have been withdrawn.

(h) If the secretary issues a final order refusing the registration of a mark, an applicant may bring a civil action in a court with jurisdiction to compel the registration of the mark. A court may order the secretary to register a mark, without costs to the secretary, on proof that all statements in the electronic application are true and the mark is entitled to registration.

(i) If two (2) or more applications are concurrently processed by the secretary for registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a previously filed application is granted a registration, the other application or applications must be rejected. A rejected applicant may bring an action for cancellation of the previously registered mark based upon previous or superior rights to the mark under section 10 of this chapter.

As added by P.L.135-2006, SEC.5. Amended by P.L.128-2017, SEC.6; P.L.59-2018, SEC.2.

IC 24-2-1-5 Certificate of registration

Sec. 5. (a) If an applicant complies with the requirements of this chapter, the secretary shall issue and deliver a certificate of registration to the applicant. The certificate of registration must be issued under the signature of the secretary and the seal of the state of Indiana. The certificate of registration must include all of the following:

(1) The name and business address of the person claiming ownership of the mark. If the person claiming ownership of the mark is:

(A) a corporation, the certificate of registration must show the state of incorporation;

(B) a partnership, the certificate of registration must show the state in which the partnership is organized and the names of the general partners, as specified by the secretary; or

(C) another form of legal entity, the certificate of registration must show the jurisdiction in which the legal entity is organized.

(2) The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in Indiana.

(3) The class of goods or services and a description of the goods or services on or in connection with which the mark is used.

(4) A reproduction of the mark.

(5) The registration date.

(6) The term of the registration.

(b) A certificate of registration issued by the secretary under subsection (a) or a copy of a certificate of registration certified by the secretary is admissible in evidence as competent and sufficient proof of the registration of the mark in an action or judicial proceeding in a court of Indiana.

Formerly: Acts 1955, c.174, s.5; Acts 1959, c.256, s.4. As amended by P.L.152-1986, SEC.25; P.L.135-2006, SEC.6.

IC 24-2-1-6 Duration and renewal

Sec. 6. (a) Registration of a mark under this chapter is effective for a term of five (5) years from the date of registration.

(b) If a person who registers a mark under subsection (a) files an electronic application not more than six (6) months before the expiration of the five (5) year term, in a manner complying with the requirements of the secretary, the registration may be renewed for an additional five (5) year term commencing at the end of the expiring five (5) year term.

(c) A renewal fee payable to the secretary must accompany the electronic application for renewal of the registration.

(d) A registration may be renewed for successive periods of five (5) years in the manner described in subsection (b).

(e) The secretary shall notify the registrants of marks of the necessity of renewal within the year next preceding the expiration of the five (5) years from the date of the registration by writing to the last known electronic mail address or, if none, the last known address of the registrants.

(f) An electronic application for renewal under this chapter for a mark registered under this chapter or a mark registered under a prior law, must include:

(1) a verified statement that the mark has been and remains in use; and

(2) an image of the mark on or in connection with the good or service.

Formerly: Acts 1955, c.174, s.6. As amended by P.L.135-2006, SEC.7; P.L.128-2017, SEC.7; P.L.59-2018, SEC.3.

IC 24-2-1-7 Renewal of registration in force on July 1, 2006

Sec. 7. A registration in force on July 1, 2006, continues in full force and effect for the unexpired term of the registration and may be renewed by:

(1) filing an electronic application for renewal with the secretary; and

(2) paying the renewal fee;

in the manner described in section 6 of this chapter not more than six (6) months before the expiration of the registration.

Formerly: Acts 1955, c.174, s.7. As amended by P.L.152-1986, SEC.26; P.L.135-2006, SEC.8; P.L.59-2018, SEC.4.

IC 24-2-1-8 Assignment

Sec. 8. (a) A mark and the registration of a mark under this chapter are assignable by electronic application as described by section 4 of this chapter with the:

(1) good will of the business in which the mark is used; or

(2) part of the good will of the business:

(A) connected with the use of the mark; and

(B) symbolized by the mark.

(b) An assignment:

(1) must be made by an instrument in writing duly executed; and

(2) may be electronically recorded with the secretary upon the payment of a recording fee to the secretary.

(c) The secretary, after recording an assignment, shall issue in the name of the assignee a new certificate of registration for the remainder of the term of the:

(1) registration; or

(2) most recent renewal of the registration.

(d) An assignment of a registration under this chapter is void against a subsequent purchaser for valuable consideration without notice unless the assignment is recorded with the secretary not more than three (3) months:

(1) after the date of the assignment; or

(2) before the subsequent purchase.

Formerly: Acts 1955, c.174, s.8. As amended by P.L.152-1986, SEC.27; P.L.135-2006, SEC.9; P.L.177-2019, SEC.13; P.L.206-2021, SEC.9.

IC 24-2-1-8.5 Certificate of change of name

Sec. 8.5. (a) A registrant or an applicant who changes the name of the person to whom the mark is issued or for whom an electronic application is filed may record a certificate of change of name of the registrant or applicant by electronic application with the secretary upon the payment of a recording fee.

(b) The secretary may issue a new certificate of registration or an assigned application in the name of the assignee. The secretary may issue a new certificate of registration in the name of the assignee for the remainder of the term of the:

(1) certificate of registration; or

(2) most recent renewal of the certificate of registration.

As added by P.L.135-2006, SEC.10. Amended by P.L.59-2018, SEC.5; P.L.206-2021, SEC.10.

IC 24-2-1-9 Records

Sec. 9. The secretary shall keep for public examination a record of all marks registered or renewed under this chapter as well as a record of all instruments recorded under sections 8 and 8.5 of this chapter.

Formerly: Acts 1955, c.174, s.9. As amended by P.L.152-1986, SEC.28; P.L.135-2006, SEC.11.

IC 24-2-1-10 Registration cancellation

Sec. 10. The secretary shall cancel from the register in whole or in part:

(1) a registration for which the secretary receives a voluntary request for cancellation by electronic application from the registrant or the assignee of record;

(2) all registrations granted under this chapter and not renewed under section 6 of this chapter;

(3) a registration for which a court of competent jurisdiction finds that:

(A) the registered mark has been abandoned;

(B) the registrant is not the owner of the mark;

(C) the registration was granted improperly;

(D) the registration was obtained fraudulently;

(E) the registered mark is or has become the generic name for the good or the service, or a part of the good or the service, for which the mark was registered; or

(F) the registered mark is so similar to a mark registered by another person on the principal register in the United States Patent and Trademark Office as to be likely to cause deception, confusion, or mistake between the marks, and the mark registered in the United States Patent and Trademark Office was filed before the filing of the electronic application for registration by the registrant under this chapter. However, a mark may not be canceled under this clause if the registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including Indiana; or

(4) a registration if a court of competent jurisdiction orders cancellation of the registration on any ground.

Formerly: Acts 1955, c.174, s.10. As amended by P.L.152-1986, SEC.29; P.L.135-2006, SEC.12; P.L.59-2018, SEC.6; P.L.206-2021, SEC.11.

IC 24-2-1-11 Rules; classification of goods and services; electronic application

Sec. 11. (a) The secretary may adopt rules under IC 4-22-2 to establish:

(1) a classification of goods and services for convenience of administration of this chapter but not to limit or extend an applicant's or registrant's rights; and

(2) a single electronic application for registration of a mark that:

(A) may include each good upon which a mark is used;

(B) may include each service with which a mark is used; and

(C) must indicate the appropriate class or classes of the goods or services.

To the extent practical, the classification of goods or services should conform to the classification of goods or services adopted by the United States Patent and Trademark Office.

(b) If a single electronic application includes goods or services that fall within multiple classes, the secretary may require payment of a fee for each class.

Formerly: Acts 1955, c.174, s.11; Acts 1959, c.256, s.5. As amended by P.L.152-1986, SEC.30; P.L.135-2006, SEC.13; P.L.128-2017, SEC.8; P.L.59-2018, SEC.7.

IC 24-2-1-12 Damages for fraudulent registration

Sec. 12. (a) A person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary under this chapter by knowingly making a false or fraudulent representation or declaration orally, in writing, or by other fraudulent means, is liable for all damages sustained in consequence of the filing or registration.

(b) The damages may be recovered by or on behalf of the injured party in a court of competent jurisdiction.

Formerly: Acts 1955, c.174, s.12. As amended by P.L.135-2006, SEC.14.

IC 24-2-1-13 Infringement

Sec. 13. Subject to the provisions of section 15 of this chapter, a person who:

(1) uses, without the consent of the registrant, a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter:

(A) in connection with the sale, offering for sale, distribution, or advertising of goods or services; or

(B) on or in connection with which the use is likely to cause confusion or mistake, or result in deception regarding the source of origin of the goods or services; or

(2) reproduces, counterfeits, or copies a mark or colorably imitates a mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used:

(A) in connection with the sale or other distribution of the goods or services in Indiana; or

(B) on the goods or services;

is liable in a civil action brought by the registrant for the remedies provided in this chapter, except that under subdivision (2) the registrant is not entitled to recover profits or damages unless the acts have been committed with the intent to cause deception, confusion, or mistake.

Formerly: Acts 1955, c.174, s.13; Acts 1959, c.256, s.6. As amended by P.L.152-1986, SEC.31; P.L.135-2006, SEC.15.

IC 24-2-1-13.5 Fanciful marks; famous marks; injunctive relief; remedies; attorney's fees

Sec. 13.5. (a) This section applies only to fanciful marks, except in cases where the other person's use tarnishes the reputation of the famous mark.

(b) An owner of a mark that is famous in Indiana is entitled, subject to the principles of equity and terms a court considers reasonable, to an injunction against another person's commercial use of the mark or trade name if the other person's use begins after the mark has become famous and the other person's use causes dilution of the distinctive quality of the mark, and to other relief provided in this section. In determining whether a mark is distinctive and famous, a court may consider factors such as:

(1) the degree of inherent or acquired distinctiveness of the mark in Indiana;

(2) the duration and extent of use of the mark in connection with the goods or services with which the mark is used;

(3) the duration and extent of advertising and publicity of the mark in Indiana;

(4) the geographical extent of the trading area in which the mark is used;

(5) the channels of trade for the goods or services with which the mark is used;

(6) the degree of recognition of the mark in the trading areas and channels of trade in Indiana as it relates to the use of the mark by the:

(A) mark's owner; and

(B) person against whom the injunction is sought;

(7) the nature and extent of use of the same or a similar mark by a third party; and

(8) whether the mark is the subject of a:

(A) registration in Indiana;

(B) federal registration under the Act of March 3, 1881;

(C) federal registration under the Act of February 20, 1905; or

(D) registration on the principal register.

(c) In an action brought under this section, the owner of a famous mark is entitled only to injunctive relief unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If willful intent is proven, the owner of the famous mark is entitled to the other remedies set forth in this section, subject to the discretion of the court and the principles of equity.

(d) A court may require a defendant to pay to the owner of a mark all profits derived from and damages suffered by reason of the use of the mark in violation of this section and, in exceptional cases, may award reasonable attorney's fees to the prevailing party.

(e) The following are not actionable under this section:

(1) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.

(2) Noncommercial use of the mark.

(3) All forms of news reporting and news commentary.

As added by P.L.135-2006, SEC.16.

IC 24-2-1-14 Remedies

Sec. 14. (a) An owner of a mark registered under this chapter may bring an action to enjoin the use of any mark in violation of section 13 of this chapter and the manufacture, display, or sale of any goods or services identified by the mark and a court of competent jurisdiction may grant an injunction to restrain the use of the mark and the manufacture, display, or sale of the goods or services as the court considers just and reasonable.

(b) A court may:

(1) require a defendant to pay to the owner of a mark all:

(A) profits derived from; and

(B) damages suffered by reason of; the wrongful manufacture, display, or sale of the goods or services; and

(2) order that the goods or item bearing the mark in the possession or under the control of a defendant in the case be delivered to an officer of the court or to the complainant to be destroyed.

(c) In addition to amounts a court may award under subsection (b), a court may enter judgment for:

(1) an amount not to exceed the greater of:

(A) three (3) times the profits derived from; or

(B) three (3) times the damages suffered by reason of;

the intentional use of a counterfeit mark, knowing it to be a counterfeit in connection with the goods or services for which the mark is registered; and

(2) in exceptional cases, reasonable attorney's fees to the prevailing party.

(d) The invocation of a right or remedy in this chapter does not affect a registrant's right to prosecution under a penal law.

Formerly: Acts 1955, c.174, s.14. As amended by P.L.152-1986, SEC.32; P.L.135-2006, SEC.17.

IC 24-2-1-14.5 Cancellation; action to compel registration; jurisdiction

Sec. 14.5. (a) An action for cancellation of a mark registered under this chapter or an action to compel registration of a mark under this chapter must be brought in a court with jurisdiction in Indiana.

(b) In an action for cancellation of a mark, the secretary:

(1) may not be made a party to an action;

(2) must be notified of the filing of a complaint in an action by the clerk of the court in which the complaint is filed; and

(3) is entitled to intervene in an action for cancellation of a mark.

(c) In an action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities.

As added by P.L.135-2006, SEC.18.

IC 24-2-1-15 Common law rights

Sec. 15. This chapter does not adversely affect the rights or the enforcement of rights in a mark acquired in good faith at any time at common law.

Formerly: Acts 1955, c.174, s.15. As amended by P.L.135-2006, SEC.19.

IC 24-2-1-15.3 Fees

Sec. 15.3. (a) The secretary shall collect the following fees for a document delivered under this article:

(1) An application fee of ten dollars ($10).

(2) A renewal fee of ten dollars ($10).

(3) A recording fee of ten dollars ($10).

(b) A fee collected under subsection (a) is nonrefundable.

As added by P.L.135-2006, SEC.20. Amended by P.L.128-2017, SEC.9.

IC 24-2-1-16 Repealed

Formerly: Acts 1955, c.174, s.17. As amended by P.L.152-1986, SEC.33. Repealed by P.L.135-2006, SEC.21.

Ch. 2 Misleading Trade Names

IC 24-2-2-1 Use of terms leading buyer to believe that seller is governmental agency

Sec. 1. It shall be unlawful for any person, firm, limited liability company, corporation or association, not an agency or instrumentality of the United States government, selling or offering for sale goods, wares or merchandise, to use or cause or permit to be used in the corporate or trade-name, or description of the seller or of the place where the goods, wares or merchandise are offered for sale, any of the following words or expressions, viz., "Army", "Navy", "Air Force", "Space Force", "Marine Corps", "Marines", "Coast Guard", "Government", "Post Exchange", "P-X", or "G.I."; or any word or expression which may lead the public to believe that the seller or the place is owned, operated or managed by the United States government or its military or naval forces or any agency of the United States government.

Formerly: Acts 1947, c.143, s.1. As amended by P.L.8-1993, SEC.340; P.L.238-2025, SEC.73.

IC 24-2-2-2 Untruthful representation; United States government surplus

Sec. 2. No person, firm, limited liability company, corporation or association selling or offering for sale any article of merchandise, shall in any manner represent, contrary to fact, that the article was made for, or acquired directly or indirectly from, the United States government or its military or naval forces or any agency of the United States government, or that the article conforms to government specifications or requirements, or that it has been disposed of by the United States government.

Formerly: Acts 1947, c.143, s.2. As amended by P.L.8-1993, SEC.341.

IC 24-2-2-3 Violations

Sec. 3. A person who recklessly violates this chapter commits a Class C misdemeanor.

Formerly: Acts 1947, c.143, s.3. As amended by Acts 1978, P.L.2, SEC.2407.

IC 24-2-2-4 Action for continuing violations; injunction; criminal prosecution

Sec. 4. The attorney general, prosecuting attorney or any citizen of any county where any person, firm, limited liability company, corporation, or association shall be engaged in the violation of the provisions of this chapter may, in accordance with the laws of the state of Indiana governing injunctions, maintain an action in the name of the state of Indiana to enjoin such person, firm, limited liability company, corporation, or association from continuing operations in violation of the provisions of this chapter. Any person having been so enjoined who shall violate such injunction shall be punished for contempt of court; however, such injunction shall not relieve any such person, firm, limited liability company, corporation, or association from criminal prosecution for the violation as provided for in this chapter, but such remedy by injunction shall be in addition to any remedy provided for the criminal prosecution of such offense. The relator shall not be liable for any costs. In case judgment is rendered in favor of the plaintiff in any action brought for injunctive relief under the provisions of this chapter, the court rendering the same shall also render judgment for reasonable attorney's fees in such action in favor of the plaintiff and against the defendant in the action, and when collected such fees shall be paid to the attorney or attorneys of the plaintiff, which if paid to the attorney general or to any prosecuting attorney shall be additional to any compensation allowed by law.

Formerly: Acts 1947, c.143, s.4. As amended by P.L.152-1986, SEC.34; P.L.8-1993, SEC.342; P.L.136-2018, SEC.138.

Ch. 3 Trade Secrets

IC 24-2-3-1 Short title; construction; purpose

Sec. 1. (a) This chapter may be cited as the Uniform Trade Secrets Act.

(b) This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject matter of this chapter among states enacting the provisions of this chapter.

(c) The chapter displaces all conflicting law of this state pertaining to the misappropriation of trade secrets, except contract law and criminal law.

As added by Acts 1982, P.L.148, SEC.1.

IC 24-2-3-2 Definitions

Sec. 2. As used in this chapter, unless the context requires otherwise:

"Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.

"Misappropriation" means:

(1) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(2) disclosure or use of a trade secret of another without express or implied consent by a person who:

(A) used improper means to acquire knowledge of the trade secret;

(B) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

(i) derived from or through a person who had utilized improper means to acquire it;

(ii) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(iii) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(C) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

"Person" means a natural person, limited liability company, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

"Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.8-1993, SEC.343.

IC 24-2-3-3 Injunction against misappropriation; exceptional circumstances

Sec. 3. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(b) If the court determines in exceptional circumstances that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.

(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.50-1984, SEC.3.

IC 24-2-3-4 Damages for misappropriation and unjust enrichment; royalty; exemplary damages

Sec. 4. (a) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.

(b) When neither damages nor unjust enrichment are provable, the court may order payment of a reasonable royalty for no longer than the period during which the use could have been prohibited.

(c) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).

As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.50-1984, SEC.4.

IC 24-2-3-5 Attorney's fees; conditions

Sec. 5. If:

(1) a claim of misappropriation is made in bad faith;

(2) a motion to terminate an injunction is made or resisted in bad faith; or

(3) willful and malicious misappropriation exists;

the court may award reasonable attorney's fees to the prevailing party.

As added by Acts 1982, P.L.148, SEC.1.

IC 24-2-3-6 Preservation of secrecy of trade secret

Sec. 6. In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

As added by Acts 1982, P.L.148, SEC.1.

IC 24-2-3-7 Limitation of action

Sec. 7. An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

As added by Acts 1982, P.L.148, SEC.1.

IC 24-2-3-8 Continuing misappropriation commenced before September 1, 1982

Sec. 8. If a continuing misappropriation otherwise covered by this chapter began before September 1, 1982, the chapter does not apply to the part of the misappropriation that occurred before that date. It does apply to the part that occurs after August 31, 1982, unless the appropriation was not a misappropriation under the law displaced by this chapter.

As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.137-2021, SEC.2.

Art. 3 Tobacco Products

Ch. 2 Cigarette Fair Trade Act

IC 24-3-2-1 Declaration of policy

Sec. 1. It is declared to be the public policy of this state to promote the public welfare by making unlawful unfair, dishonest, deceptive, destructive and fraudulent business practices now existing in transactions involving the sale of, offer to sell, or inducement to sell cigarettes in this state in wholesale and retail trades. The offering for sale or sale of cigarettes below cost in the retail or wholesale trade with the intent of injuring competitors or destroying or substantially lessening competition is an unfair and deceptive business practice and adversely affects the collection of revenue due this state from the sale of cigarettes.

Formerly: Acts 1949, c.51, s.1.

IC 24-3-2-2 Definitions

Sec. 2. Unless the context in this chapter requires otherwise, the term:

(a) "Cigarette" shall mean and include any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material; provided the definition in this paragraph shall not be construed to include cigars.

(b) "Person" or the term "company", used in this chapter interchangeably, means and includes any individual, assignee, receiver, commissioner, fiduciary, trustee, executor, administrator, institution, bank, consignee, firm, partnership, limited liability company, joint vendor, pool, syndicate, bureau, association, cooperative association, society, club, fraternity, sorority, lodge, corporation, municipal corporation, or other political subdivision of the state engaged in private or proprietary activities or business, estate, trust, or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context.

(c) "Distributor" shall mean and include every person who sells, barters, exchanges, or distributes cigarettes in the state of Indiana to retail dealers for the purpose of resale, or who purchases for resale cigarettes from a manufacturer of cigarettes or from a wholesaler, jobber, or distributor outside the state of Indiana who is not a distributor holding a registration certificate issued under the provisions of IC 6-7-1.

(d) "Retailer" shall mean every person, other than a distributor, who purchases, sells, offers for sale, or distributes cigarettes to consumers or to any person for any purpose other than resale, irrespective of quantity or amount or the number of sales.

(e) "Sell at retail", "sale at retail", and "retail sales" shall mean and include any transfer of title to cigarettes for a valuable consideration made in the ordinary course of trade or usual conduct of the seller's business to the purchaser for consummation or use.

(f) "Sell at wholesale", "sale at wholesale", and "wholesale sales" shall mean and include any transfer of title to cigarettes for a valuable consideration made in the ordinary course of trade or usual conduct of a distributor's business.

(g) "Basic cost of cigarettes" shall mean the invoice cost of cigarettes to the retailer or distributor, as the case may be, or the replacement cost of cigarettes to the retailer or distributor, as the case may be, within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is the lower, less all trade discounts and customary discounts for cash, plus the cost at full face value of any stamps which may be required by IC 6-7-1, if not included by the manufacturer in his selling price to the distributor.

(h) "Department" shall mean the alcohol and tobacco commission or its duly authorized assistants and employees.

(i) "Cost to the retailer" shall mean the basic cost of cigarettes to the retailer, plus the cost of doing business by the retailer as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses paid or incurred and must include without limitation labor (including salaries of executives and officers), rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising; however, any retailer who, in connection with the retailer's purchase, receives not only the discounts ordinarily allowed upon purchases by a retailer, but also, in whole or in part, discounts ordinarily allowed on purchases by a distributor shall, in determining costs to the retailer pursuant to this section, add the cost to the distributor, as defined in paragraph (j), to the basic cost of cigarettes to said retailer as well as the cost of doing business by the retailer. In the absence of proof of a lesser or higher cost of doing business:

(1) by the retailer making the sale, the cost of doing business by the retailer shall be presumed to be the following percent of the basic cost of cigarettes to the retailer:

(A) Until January 1, 2018, twelve percent (12%).

(B) During 2018, twelve and twenty-five hundredths percent (12.25%).

(C) During 2019, twelve and five tenths percent (12.5%).

(D) During 2020, twelve and seventy-five hundredths percent (12.75%).

(E) During 2021, thirteen percent (13%).

(F) During 2022, thirteen and twenty-five hundredths percent (13.25%).

(G) During 2023, thirteen and five tenths percent (13.5%).

(H) During 2024, thirteen and seventy-five hundredths percent (13.75%).

(I) After 2024, fourteen percent (14%).

(2) by the retailer, who in connection with the retailer's purchase receives not only the discounts ordinarily allowed upon purchases by a retailer, but also, in whole or in part, the discounts ordinarily allowed upon purchases by a distributor, shall be presumed to be the following percent of the sum of the basic cost of cigarettes plus the cost of doing business by the distributor:

(A) Until January 1, 2018, twelve percent (12%).

(B) During 2018, twelve and twenty-five hundredths percent (12.25%).

(C) During 2019, twelve and five tenths percent (12.5%).

(D) During 2020, twelve and seventy-five hundredths percent (12.75%).

(E) During 2021, thirteen percent (13%).

(F) During 2022, thirteen and twenty-five hundredths percent (13.25%).

(G) During 2023, thirteen and five tenths percent (13.5%).

(H) During 2024, thirteen and seventy-five hundredths percent (13.75%).

(I) After 2024, fourteen percent (14%).

(j) "Cost to the distributor" shall mean the basic cost of cigarettes to the distributor, plus the cost of doing business by the distributor as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, and must include without limitation labor costs (including salaries of executives and officers), rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising. In the absence of proof of a lesser or higher cost of doing business by the distributor making the sale, the cost of doing business by the wholesaler shall be presumed to be four percent (4%) of the basic cost of cigarettes to the distributor, plus cartage to the retail outlet, if performed or paid for by the distributor, which cartage cost, in the absence of proof of a lesser or higher cost, shall be deemed to be one-half of one percent (0.5%) of the basic cost of cigarettes to the distributor.

(k) "Registration certificate" refers to the registration certificate issued to cigarette distributors by the department of state revenue under IC 6-7-1-16.

(l) "Buydown" means any payment or compensation given by a cigarette manufacturer to a cigarette distributor or retailer to promote the sale of cigarettes and for which the manufacturer requires that either:

(1) the distributor pass the resulting price reduction on to the retailer; or

(2) the retailer pass the resulting price reduction on to the consumer.

Formerly: Acts 1949, c.51, s.2. As amended by P.L.152-1986, SEC.35; P.L.8-1993, SEC.344; P.L.204-2001, SEC.61; P.L.252-2003, SEC.12; P.L.172-2011, SEC.130; P.L.213-2015, SEC.251; P.L.217-2017, SEC.154; P.L.148-2026, SEC.38.

IC 24-3-2-3 Sale at less than cost; penalty

Sec. 3. (a) It is a Class A infraction for a retailer or distributor, with intent to injure competitors or destroy or substantially lessen competition, to offer to sell or sell at retail or wholesale cigarettes at less than the cost to him. The registration certificate held by such a distributor under IC 6-7-1 may be revoked by the department for the balance of the term thereof.

(b) Evidence of offering to sell or sale of cigarettes by any retailer or distributor at less than the cost to him is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

(c) Notwithstanding IC 34-28-5-5(c), a judgment for a violation of this section shall be deposited in the enforcement and administration fund established under IC 7.1-4-10-1.

Formerly: Acts 1949, c.51, s.3. As amended by Acts 1978, P.L.2, SEC.2408; P.L.252-2003, SEC.13.

IC 24-3-2-4 Sale of multiple items at combined price

Sec. 4. In all offers for sale or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all offers for sale or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be coupons or otherwise), the retailer's or distributor's combined selling price shall not be below the cost to the retailer or the cost to the distributor, irrespective of the total of all articles, products, commodities, gifts and concessions included in such transactions.

Formerly: Acts 1949, c.51, s.4.

IC 24-3-2-4.7 Failure to provide documentary evidence of distributor; penalty; seizure of cigarettes or other tobacco products

Sec. 4.7. (a) A retailer shall produce an invoice or other documentary evidence proving that the retailer obtained cigarettes or a tobacco product (as defined in IC 6-7-2-5) from a distributor that holds a valid registration certificate.

(b) Each day a retailer fails to produce an invoice or other evidence under subsection (a) constitutes a separate violation of this section.

(c) This subsection applies in addition to or instead of any other civil or criminal penalty. The department or the department of state revenue may impose on a retailer that violates subsection (a) a civil penalty that does not exceed the greater of:

(1) five hundred percent (500%) of the retail value of the cigarettes described in subsection (a); or

(2) five thousand dollars ($5,000);

for each violation.

(d) In addition to any other penalty described in this section, the department or the department of state revenue may seize the cigarettes or other tobacco products for which the retailer is unable to produce the invoice or documentary evidence described in subsection (a). The seized cigarettes or other tobacco products shall be forfeited to the state and destroyed.

(e) Civil penalties collected under this chapter shall be deposited as follows:

(1) Seventy percent (70%) to the enforcement and administration fund established under IC 7.1-4-10.

(2) Thirty percent (30%) to the state general fund for the use of the department of state revenue.

As added by P.L.252-2003, SEC.14.

IC 24-3-2-5 Cost to the distributor; further definition

Sec. 5. When one distributor sells cigarettes to any other distributor, the former shall not be required to include in his selling price to the latter cost to the distributor as provided in section 2(j) of this chapter, but the latter distributor, upon resale to the retailer, shall be subject to the provisions of section 2(j) of this chapter.

Formerly: Acts 1949, c.51, s.5. As amended by P.L.152-1986, SEC.36.

IC 24-3-2-6 Exceptions

Sec. 6. The provisions of this chapter shall not apply to sales at retail or sales at wholesale made:

(a) in an isolated transaction and not in the usual course of business;

(b) where cigarettes are offered for sale or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and said advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes offered for sale or to be sold;

(c) where cigarettes are offered for sale or sold as imperfect or damaged and said offering to sell or sale shall state the reason therefor and the quantity of such cigarettes offered for sale or to be sold;

(d) where cigarettes are sold upon the final liquidation of a business; or

(e) where cigarettes are offered for sale or sold by any fiduciary or other officer acting under the order or direction of any court.

Formerly: Acts 1949, c.51, s.6. As amended by P.L.152-1986, SEC.37.

IC 24-3-2-7 Sale to meet price of competitor

Sec. 7. (a) Any retailer may offer to sell or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to him as a retailer, as defined in section 2(i) of this chapter. Any distributor may offer to sell or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to him as a distributor, as defined in section 2(j) of this chapter. The price of cigarettes offered for sale or sold under the exceptions specified in section 6 of this chapter shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section.

(b) In the absence of proof of the price of a competitor under this section, the lowest cost to the retailer or the lowest cost to the distributor, as the case may be, determined by any cost survey made pursuant to section 11 of this chapter, may be deemed the price of a competitor within the meaning of this section.

Formerly: Acts 1949, c.51, s.7. As amended by P.L.152-1986, SEC.38.

IC 24-3-2-8 Contract in violation of chapter; contract

Sec. 8. Any contract, expressed or implied, made by any person in violation of any of the provisions of this chapter is declared to be an illegal and void contract, and no recovery thereon shall be had.

Formerly: Acts 1949, c.51, s.8. As amended by P.L.152-1986, SEC.39.

IC 24-3-2-9 Evidence to establish cost

Sec. 9. (a) In determining cost to the retailer and cost to the distributor, the court or the department, as the case may be, shall receive and consider as bearing on the bona fides of such cost evidence tending to show that any person complained against under any of the provisions of this chapter purchased cigarettes with respect to the sale of which complaint is made at a fictitious price, or upon terms, or in such manner, or under such invoices, as to conceal the true cost, discounts, or terms of purchase, and shall also receive and consider as bearing on the bona fides of such cost evidence of the normal, customary, and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or state.

(b) Merchandise given gratis or payment made to a retailer or distributor for display, or advertising, or promotion purposes, or otherwise shall not be considered in determining the cost of cigarettes to the retailer or distributor.

(c) A buydown must be considered in determining the cost to the retailer or the cost to the distributor, as applicable, provided that the sum of any buydown and consideration paid by the purchaser is not below the cost to the retailer or distributor.

Formerly: Acts 1949, c.51, s.9. As amended by P.L.152-1986, SEC.40; P.L.148-2026, SEC.39.

IC 24-3-2-10 Evidence of price outside ordinary channels of trade

Sec. 10. (a) In establishing the cost of cigarettes to the retailer or distributor, the invoice cost of said cigarettes purchased at a forced, bankrupt, or close-out sale, or other sale outside of the ordinary channels of trade, may not be used as a basis for justifying a price lower than one based upon the replacement cost of the cigarettes to the retailer or distributor, within thirty (30) days prior to the date of sale, in the quantity last purchased, through the ordinary channels of trade.

(b) Any cigarettes that are imported or reimported into the United States for sale or distribution under a trade name, trade dress, or trademark that is the same as or confusingly similar to a trade name, trade dress, or trademark used for cigarettes manufactured in the United States for sale or distribution in the United States are presumed to be purchased outside the ordinary channels of trade.

Formerly: Acts 1949, c.51, s.10. As amended by P.L.21-2000, SEC.9.

IC 24-3-2-11 Cost survey as evidence

Sec. 11. Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for the trading area in which the offense is committed to establish the lowest cost to the retailer and the lowest cost to the distributor, said cost survey shall be deemed competent evidence to be used in proving the cost to the person complained against within the provisions of this chapter.

Formerly: Acts 1949, c.51, s.11. As amended by P.L.152-1986, SEC.41.

IC 24-3-2-12 Injunction

Sec. 12. (a) The department, or any person injured by any violation or who shall suffer injury from any threatened violation of this chapter, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit including reasonable attorney's fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and costs of suit, including reasonable attorney's fees, shall be entitled to recover from the defendant the actual damages sustained by him.

(b) In the event that no injunctive relief is sought or required, any person injured by a violation of this chapter may maintain an action for damages and costs of suit in any court of general jurisdiction.

Formerly: Acts 1949, c.51, s.12. As amended by P.L.152-1986, SEC.42.

IC 24-3-2-13 Rules; powers of department

Sec. 13. (a) The department may adopt rules for the enforcement of this chapter, and the department is empowered to and may undertake a cost survey, as provided for in section 11 of this chapter. The department may, in accordance with IC 4-21.5-3, suspend or revoke any registration certificate issued by it to a distributor under IC 6-7-1 for failure of any registrant to comply with this chapter or any rule adopted under this chapter.

(b) All the powers vested in the department by IC 6-7-1 shall be available to the department in the enforcement of this chapter.

Formerly: Acts 1949, c.51, s.13. As amended by P.L.152-1986, SEC.43; P.L.7-1987, SEC.105.

Ch. 3 Qualified Escrow Fund for Tobacco Product Manufacturers

IC 24-3-3-1 Findings regarding cigarette smoking

Sec. 1. The General Assembly makes the following findings:

(1) Cigarette smoking presents serious public health concerns to the state and to the citizens of Indiana. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.

(2) Cigarette smoking also presents serious financial concerns for the state. Under certain health care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.

(3) Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.

(4) It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.

(5) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement", with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described in the Master Settlement Agreement, to:

(A) pay substantial sums to the state (tied in part to their volume of sales);

(B) fund a national foundation devoted to the interests of public health; and

(C) make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

(6) It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short term profits and then becoming judgment proof before liability may arise.

As added by P.L.223-1999, SEC.1.

IC 24-3-3-2 "Adjusted for inflation"

Sec. 2. As used in this chapter, "adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.

As added by P.L.223-1999, SEC.1.

IC 24-3-3-3 "Affiliate"

Sec. 3. As used in this chapter, "affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms "owns", "is owned", and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent (10%) or more, and the term "person" means an individual, partnership, committee, association, corporation, or any other organization or group of persons.

As added by P.L.223-1999, SEC.1.

IC 24-3-3-4 "Allocable share"

Sec. 4. As used in this chapter, "allocable share" means Allocable Share as that term is defined in the Master Settlement Agreement.

As added by P.L.223-1999, SEC.1.

IC 24-3-3-5 "Cigarette"

Sec. 5. As used in this chapter, "cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

(1) any roll of tobacco wrapped in paper or in any substance not containing tobacco;

(2) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or

(3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subdivision (1).

The term "cigarette" includes "roll-your-own" tobacco (i.e., any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette", nine-hundredths (0.09) of an ounce of "roll-your-own" tobacco constitutes one (1) individual "cigarette".

As added by P.L.223-1999, SEC.1.

IC 24-3-3-6 "Master Settlement Agreement"

Sec. 6. As used in this chapter, "Master Settlement Agreement" means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers.

As added by P.L.223-1999, SEC.1.

IC 24-3-3-7 "Qualified escrow fund"

Sec. 7. As used in this chapter, "qualified escrow fund" means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars ($1,000,000,000) where the arrangement requires that the financial institution hold the escrowed fund's principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the fund's principal except as consistent with this chapter.

As added by P.L.223-1999, SEC.1.

IC 24-3-3-8 "Released claims"

Sec. 8. As used in this chapter, "released claims" means Released Claims as that term is defined in the Master Settlement Agreement.

As added by P.L.223-1999, SEC.1.

IC 24-3-3-9 "Releasing parties"

Sec. 9. As used in this chapter, "releasing parties" means Releasing Parties as that term is defined in the Master Settlement Agreement.

As added by P.L.223-1999, SEC.1.

IC 24-3-3-10 "Tobacco product manufacturer"

Sec. 10. As used in this chapter, "tobacco product manufacturer" means an entity that after June 30, 1999, directly (and not exclusively through any affiliate):

(1) manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

(2) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

(3) becomes a successor of an entity described in subdivision (1) or (2).

The term "tobacco product manufacturer" does not include an affiliate of a tobacco product manufacturer unless the affiliate itself falls within subdivision (1), (2), or (3).

As added by P.L.223-1999, SEC.1.

IC 24-3-3-11 "Units sold"

Sec. 11. (a) As used in this chapter, "units sold" means the number of individual cigarettes sold in Indiana by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question. The department of state revenue shall, in the manner provided by IC 4-22-2, adopt rules that are necessary to ascertain the number of units sold of such tobacco product manufacturer for each year regardless of whether the state excise tax was due or collected.

(b) The term does not include cigarettes sold on federal military installations or that are otherwise exempt from state excise tax under federal law.

(c) For purposes of this section, concerning cigarettes for which the state cigarette or other tobacco product tax is paid, the cigarettes are considered as being sold in Indiana:

(1) upon the affixing of the state cigarette tax stamp; or

(2) for "roll your own" tobacco, when the state tax on other tobacco products is paid.

As added by P.L.223-1999, SEC.1. Amended by P.L.231-2015, SEC.11.

IC 24-3-3-12 Tobacco product manufacturers required to become participating manufacturer or place money in qualified escrow fund

Sec. 12. Any tobacco product manufacturer selling cigarettes to consumers within Indiana (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after June 30, 1999, shall do one (1) of the following:

(1) Become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or

(2) Place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation):

(A) 1999, $0.0094241 per unit sold after June 30, 1999.

(B) 2000, $0.0104712 per unit sold.

(C) For each of 2001 and 2002, $0.0136125 per unit sold.

(D) For each of 2003 through 2006, $0.0167539 per unit sold.

(E) For each of 2007 and each year thereafter, $0.0188482 per unit sold.

As added by P.L.223-1999, SEC.1.

IC 24-3-3-13 Interest paid and release of escrow funds; severability

Sec. 13. (a) Subsection (b) applies unless and until all or any part of subsection (b) is held to be unconstitutional or otherwise unenforceable. If all or any part of subsection (b) or the application of all or any part of subsection (b) to a person, an entity, or a circumstance is held to be unconstitutional or invalid by a court, the unconstitutionality or invalidity does not affect other provisions of this chapter, and subsection (c) controls. Subsection (c) applies unless and until all or any part of subsection (c) is held to be unconstitutional or otherwise unenforceable. If all or any part of subsection (c) or the application of all or any part of subsection (c) to a person, an entity, or a circumstance is held to be unconstitutional or invalid by a court, the unconstitutionality or invalidity does not affect other provisions of this chapter, and subsection (d) controls.

(b) A tobacco product manufacturer that places funds into escrow under section 12(2) of this chapter shall receive the interest or other appreciation on such funds as earned. The funds shall be released from escrow only under the following circumstances:

(1) To pay a judgment or settlement on any released claim brought against the tobacco product manufacturer by the state or any releasing party located or residing in Indiana. Funds shall be released from escrow under this subdivision:

(A) in the order in which they were placed into escrow; and

(B) only to the extent and at the time necessary to make payments required under such a judgment or settlement.

(2) To the extent that a tobacco product manufacturer establishes that the amount the tobacco product manufacturer is required to place in escrow on account of units sold in Indiana in a particular year exceeds the master settlement agreement payments the tobacco product manufacturer would have been required to make on account of units sold in Indiana if the tobacco product manufacturer were a participating manufacturer, as determined under section IX(i) of the master settlement agreement and after final determination of all adjustments, the excess payments shall be released from escrow and shall revert to the tobacco product manufacturer.

(3) To the extent not released from escrow under subdivision (1) or (2), funds shall be released from escrow and revert back to the tobacco product manufacturer twenty-five (25) years after the date on which the funds were placed into escrow.

(c) This subsection applies only if subsection (b) is held to be unconstitutional or otherwise unenforceable. A tobacco product manufacturer that places funds into escrow under section 12(2) of this chapter shall receive the interest or other appreciation on the funds as earned. The funds shall be released from escrow only under the following circumstances:

(1) To pay a judgment or settlement on any released claim brought against the tobacco product manufacturer by the state or any releasing party located or residing in Indiana. Funds shall be released from escrow under this subdivision:

(A) in the order in which they were placed into escrow; and

(B) only to the extent and at the time necessary to make payments required under such a judgment or settlement.

(2) To the extent not released from escrow under subdivision (1), funds shall be released from escrow and revert back to the tobacco product manufacturer twenty-five (25) years after the date on which the funds were placed into escrow.

(d) This subsection applies only if subsections (b) and (c) are held to be unconstitutional or otherwise unenforceable. A tobacco product manufacturer that places funds into escrow under section 12(2) of this chapter shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances:

(1) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in Indiana. Funds shall be released from escrow under this subdivision:

(A) in the order in which they were placed into escrow; and

(B) only to the extent and at the time necessary to make payments required under such a judgment or settlement.

(2) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the state's allocable share of the total payments that the manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the Inflation Adjustment) had it been a participating manufacturer, the excess shall be released from escrow and revert back to the tobacco product manufacturer.

(3) To the extent not released from escrow under subdivision (1) or (2), funds shall be released from escrow and revert back to such tobacco product manufacturer twenty-five (25) years after the date on which the funds were placed into escrow.

As added by P.L.223-1999, SEC.1. Amended by P.L.252-2003, SEC.15.

IC 24-3-3-14 Certification of compliance with chapter; failure to make annual deposit

Sec. 14. (a) Each tobacco product manufacturer that elects to place funds into escrow under section 12(2) of this chapter shall annually certify to the attorney general that it is in compliance with this chapter. The attorney general may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under section 12 and section 13 of this chapter. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under section 12(2) of this chapter shall:

(1) Be required within fifteen (15) days to place sufficient funds into escrow to bring it into compliance with this chapter. The court, upon a finding of a violation of section 12(2) of this chapter, may also impose a civil penalty to be paid to the state general fund in an amount not to exceed five percent (5%) of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed one hundred percent (100%) of the original amount improperly withheld from escrow.

(2) In the case of a knowing violation, be required within fifteen (15) days to place sufficient funds into escrow to bring it into compliance with section 12(2) of this chapter. The court, upon a finding of a knowing violation of section 12(2) of this chapter, may also impose a civil penalty to be paid to the state general fund in an amount not to exceed fifteen percent (15%) of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed three hundred percent (300%) of the original amount improperly withheld from escrow.

(3) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within Indiana (whether directly or through a distributor, retailer or similar intermediary) for a period not to exceed two (2) years.

(b) Each failure to make an annual deposit required under section 12(2) of this chapter constitutes a separate violation.

As added by P.L.223-1999, SEC.1.

Ch. 3.5 Tobacco Qualified Escrow Fund Proceedings

IC 24-3-3.5-1 Disclosure

Sec. 1. Notwithstanding any other provision of law, for any official purpose, including enforcing IC 24-3-3 or a judgment in a civil action based on IC 24-3-3, the attorney general may disclose information obtained under IC 24-3-3-11 or IC 24-3-3-14.

As added by P.L.33-2002, SEC.1.

IC 24-3-3.5-2 Attorney's fees

Sec. 2. The attorney general is entitled to reasonable attorney's fees from a tobacco manufacturer in settlement of matters related to IC 24-3-3, or as a remedy for an adjudicated violation of IC 24-3-3.

As added by P.L.33-2002, SEC.1.

Ch. 4 Cigarettes Produced for Export; Imported Cigarettes

IC 24-3-4-1 Applicability of chapter

Sec. 1. This chapter does not apply to cigarettes sold or intended to be sold as duty free merchandise by a duty free sales enterprise that complies with federal requirements, including the requirements under 19 U.S.C. 1555(b). However, this chapter applies to cigarettes that are brought back into the United States that have not been assessed a federal tax or federal duty.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-2 "Cigarette"

Sec. 2. As used in this chapter, "cigarette" has the meaning set forth in IC 24-3-2-2(a).

As added by P.L.21-2000, SEC.10.

IC 24-3-4-3 "Department"

Sec. 3. As used in this chapter, "department" refers to the department of state revenue.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-4 "Importer"

Sec. 4. As used in this chapter, "importer'' means any of the following:

(1) A person in the United States to whom nontaxpaid tobacco products, cigarette papers, or cigarette tubes manufactured in a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United States are shipped or consigned.

(2) A person who removes cigars or cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse.

(3) A person who smuggles or unlawfully brings tobacco products, cigarette papers, or cigarette tubes into the United States.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-5 "Law enforcement officer"

Sec. 5. As used in this chapter, "law enforcement officer" has the meaning set forth in IC 35-31.5-2-185.

As added by P.L.21-2000, SEC.10. Amended by P.L.114-2012, SEC.47.

IC 24-3-4-6 "Manufacturer"

Sec. 6. As used in this chapter, "manufacturer" means a person who manufactures a product made from tobacco that is made for smoking or chewing, including snuff. However, the term does not include the following:

(1) A person who produces a product made from tobacco that is made for smoking or chewing, including snuff, solely for the person's own personal consumption or use.

(2) A proprietor of a customs bonded manufacturing warehouse with respect to the operation of the warehouse.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-7 "Person"

Sec. 7. As used in this chapter, "person" has the meaning set forth in IC 24-3-2-2(b).

As added by P.L.21-2000, SEC.10.

IC 24-3-4-8 Sale, distribution, or transportation of prohibited cigarettes

Sec. 8. As of October 1, 2000, a person may not sell, distribute, or transport into Indiana any of the following cigarettes:

(1) Cigarettes that have been marked for sale, distribution, or use outside the United States, including labels stating "For Export Only", "U.S. Tax-Exempt", and "For Use Outside U.S.".

(2) Cigarettes that do not comply with the federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) or with other federal requirements regarding health warnings and other information on cigarette packages manufactured, packaged, or imported for sale, distribution, or use in the United States.

(3) Cigarettes that do not comply with federal trademark and copyright laws.

(4) Cigarettes that violate federal requirements on importation of previously exported tobacco products, including 26 U.S.C. 5754.

(5) Cigarettes that the person knows or has reason to know that the manufacturer did not intend to be sold, distributed, or used in the United States.

(6) Cigarettes that have not had the list of the cigarette's added ingredients submitted to the Secretary of the Department of Health and Human Services under 15 U.S.C. 1335a.

(7) Cigarettes that have had the package altered before the cigarettes are sold or distributed to the consumer that remove, conceal, or obscure any of the following:

(A) A marking that indicates the cigarettes are intended to be sold, distributed, or used outside the United States.

(B) A health warning or other information required under 15 U.S.C. 1333.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-9 Affixing stamp on prohibited cigarettes

Sec. 9. A person may not affix a stamp (as defined by IC 6-7-1-9) on a package of cigarettes described in section 8 of this chapter.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-10 Monthly reports of imported cigarettes

Sec. 10. (a) A person who, for the purpose of selling or distributing the cigarettes in Indiana, imports cigarettes into Indiana that were manufactured outside the United States, shall file a monthly report with the department and keep and maintain the records required under IC 6-7-1-19 and IC 6-7-1-19.5.

(b) The report required under subsection (a) must be signed by the person who imports the cigarettes, under penalties of perjury, and must contain the following information concerning cigarettes that the person imported during the preceding month:

(1) A copy of each of the following:

(A) The permit issued under 26 U.S.C. 5713 that allows the person to import the cigarettes into the United States.

(B) The United States Customs Service form concerning the cigarettes that contains the internal revenue tax information required by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

(2) A statement that includes the following information:

(A) The brand and brand styles of the cigarettes imported.

(B) The quantity of each brand style of the cigarettes imported.

(C) The name and address of each person to whom the cigarettes have been shipped.

(3) A statement signed by an officer of the manufacturer or importer, under the penalties for perjury, that states whether the manufacturer is a participant in the escrow fund under IC 24-3-3-12 and certifies that the manufacturer or importer has complied with the following:

(A) The federal cigarette package health warning requirements (15 U.S.C. 1333) and the federal ingredient reporting requirements (15 U.S.C. 1335a).

(B) The qualified escrow fund for tobacco product manufacturers requirements under IC 24-3-3.

As added by P.L.21-2000, SEC.10. Amended by P.L.1-2006, SEC.409.

IC 24-3-4-11 Powers of department

Sec. 11. The department may do the following:

(1) Adopt rules under IC 4-22-2 to implement this chapter.

(2) Assess tax due, penalties, and interest on cigarettes in violation of this chapter.

(3) Revoke or suspend the registration certificate issued under IC 6-7-1-16 of a person who violates this chapter.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-12 Seizure of cigarettes; search warrants

Sec. 12. (a) If the department or a law enforcement officer discovers cigarettes that are in violation of section 8 or 9 of this chapter, the department or a law enforcement officer may seize and take possession of the cigarettes together with any vending machine or receptacle in which the cigarettes are held for sale. The seized cigarettes, vending machine, or receptacle, not including money contained in the vending machine or receptacle, shall be forfeited to the state. The department or law enforcement agency shall, within a reasonable time after the seizure, destroy the confiscated cigarettes and vending machine or receptacle.

(b) The confiscation, destruction, sale, or redemption of cigarettes does not relieve a person of any penalties imposed for violation of this chapter.

(c) When the department has reason to believe that any cigarettes are being kept, sold, offered for sale, or given away in violation of this chapter, an officer of the department or a law enforcement officer may make an affidavit for a search warrant under IC 35-33-5. If the judge issues a search warrant under IC 35-33-1, a law enforcement officer or an authorized agent of the department may search any place or vehicle designated in the affidavit and search warrant and seize any cigarettes.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-13 Enforcement powers; prosecution of violations

Sec. 13. (a) This chapter may be enforced by the department or a law enforcement officer.

(b) Upon referral of a violation of this chapter by the department or a law enforcement officer, the prosecuting attorney or the attorney general shall prosecute the person who violates this chapter.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-14 Injunctive or equitable relief

Sec. 14. In addition to any other remedy, any person may bring an action for appropriate injunctive or equitable relief for a violation of this chapter that caused actual damages to the person. The person who brings the action may recover actual damages, interest on the damages from the date the complaint was filed, costs, and reasonable attorney's fees. If the court finds that the violation was flagrant, the court may increase the recovery to an amount not exceeding three (3) times the amount of actual damages.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-15 Class A misdemeanor; sale, distribution, or transportation of prohibited cigarettes

Sec. 15. A person who knowingly or intentionally sells, distributes, or transports into Indiana cigarettes in violation of section 8 of this chapter commits a Class A misdemeanor.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-16 Class A misdemeanor; affixing stamp on prohibited cigarettes

Sec. 16. A person who knowingly or intentionally sells, or distributes cigarettes that bear Indiana tax stamps affixed in violation of this chapter commits a Class A misdemeanor.

As added by P.L.21-2000, SEC.10.

IC 24-3-4-17 Penalty

Sec. 17. A person who:

(1) knowingly sells, distributes, or transports more than twelve thousand (12,000) cigarettes in violation of section 8 or 9 of this chapter; and

(2) has previously been convicted of an offense under section 15 or 16 of this chapter;

commits a Level 6 felony.

As added by P.L.21-2000, SEC.10. Amended by P.L.1-2001, SEC.29; P.L.158-2013, SEC.271.

Ch. 5 Delivery Sales of Tobacco Products

IC 24-3-5-0.1 "Cigarette"

Sec. 0.1. As used in this chapter, "cigarette" has the meaning set forth in IC 6-7-1-2.

As added by P.L.160-2005, SEC.1.

IC 24-3-5-0.2 "Cigarette manufacturer"

Sec. 0.2. As used in this chapter, "cigarette manufacturer" means a person or an entity that does the following:

(1) Manufactures cigarettes.

(2) Does one (1) of the following:

(A) Participates in the Master Settlement Agreement (as defined in IC 24-3-3-6) and performs the person's or entity's financial obligations under the Master Settlement Agreement.

(B) Places the applicable amount into a qualified escrow fund (as defined in IC 24-3-3-7).

(3) Pays all applicable taxes under IC 6-7-1.

As added by P.L.160-2005, SEC.2.

IC 24-3-5-0.3 "Commission"

Sec. 0.3. As used in this chapter, "commission" refers to the alcohol and tobacco commission created by IC 7.1-2-1-1.

As added by P.L.160-2005, SEC.3.

IC 24-3-5-1 "Delivery sale"

Sec. 1. As used in this chapter, "delivery sale" means a transaction for the purchase of tobacco products in which an offer to purchase tobacco products is made:

(1) electronically using a computer network (as defined in IC 35-43-2-3);

(2) by mail; or

(3) by telephone;

and acceptance of the offer results in delivery of the tobacco products to a named individual or entity at a designated address.

As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.4.

IC 24-3-5-1.5 "Distributor"

Sec. 1.5. As used in this chapter, "distributor" includes the following:

(1) A distributor as defined in IC 6-7-1-6.

(2) A distributor as defined in IC 6-7-2-2.

As added by P.L.160-2005, SEC.5.

IC 24-3-5-2 "Merchant"

Sec. 2. As used in this chapter, "merchant" means a person or an entity that engages in the selling of tobacco products by delivery sale.

As added by P.L.253-2003, SEC.1.

IC 24-3-5-3 "Tobacco product"

Sec. 3. As used in this chapter, "tobacco product" has the meaning set forth in IC 7.1-6-1-3. However, the term does not include a cigar or pipe tobacco.

As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.6.

IC 24-3-5-4 Requirements

Sec. 4. Subject to section 4.5 of this chapter, a merchant may not mail or ship cigarettes as part of a delivery sale unless, before mailing or shipping the cigarettes, the merchant:

(1) obtains from the prospective customer a written statement signed by the prospective customer under penalty of perjury:

(A) providing the prospective customer's address and date of birth;

(B) advising the prospective customer that:

(i) signing another person's name to the statement required under this subdivision may subject the person to a civil monetary penalty of not more than one thousand dollars ($1,000); and

(ii) purchasing cigarettes by a person less than twenty-one (21) years of age is a Class C infraction under IC 35-46-1-10.5;

(C) confirming that the cigarette order was placed by the prospective customer;

(D) providing a warning under 15 U.S.C. 1333(a)(1); and

(E) stating the sale of cigarettes by delivery sale is a taxable event for purposes of IC 6-7-1;

(2) makes a good faith effort to verify the information in the written statement obtained under subdivision (1) by using a federal or commercially available data base; and

(3) receives payment for the delivery sale by a credit or debit card issued in the name of the prospective purchaser.

As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.7; P.L.49-2020, SEC.22.

IC 24-3-5-4.5 Delivery sale by merchant; penalties

Sec. 4.5. (a) This section applies to a merchant that is not a cigarette manufacturer.

(b) Except as provided in subsection (d), a merchant may not mail or ship cigarettes as part of a delivery sale to an Indiana resident or retailer (as defined in IC 24-3-2-2(d)) that is not a distributor.

(c) If the commission determines that a merchant has violated subsection (b):

(1) a distributor may not accept a shipment of cigarettes from the merchant for a period, not to exceed one (1) year, determined by the commission; and

(2) the commission may impose a civil penalty, not to exceed five thousand dollars ($5,000), on the merchant for each violation of subsection (b), as determined by the commission.

(d) A merchant may make a drop shipment of tobacco products to an Indiana resident or retailer that is billed through a distributor.

As added by P.L.160-2005, SEC.8.

IC 24-3-5-5 Mailing or shipping tobacco products; requirements; penalties

Sec. 5. (a) A merchant who mails or ships cigarettes as part of a delivery sale shall:

(1) use a mailing or shipping service that requires the customer or a person at least twenty-one (21) years of age who is designated by the customer to:

(A) sign to accept delivery of the cigarettes; and

(B) present a valid driver's license issued under IC 9-24-3 or an identification card issued under IC 9-24-16 if the customer or the customer's designee, in the opinion of the delivery agent or employee of the mailing or shipping service, appears to be less than thirty (30) years of age;

(2) provide to the mailing or shipping service used under subdivision (1) proof of compliance with section 6(a) of this chapter; and

(3) include the following statement in bold type or capital letters on an invoice or shipping document:

INDIANA LAW PROHIBITS THE MAILING OR SHIPPING OF CIGARETTES TO A PERSON LESS THAN TWENTY-ONE (21) YEARS OF AGE AND REQUIRES PAYMENT OF ALL APPLICABLE TAXES.

(b) The commission may impose a civil penalty of not more than one thousand dollars ($1,000) if a mailing or shipping service:

(1) delivers cigarettes as part of a delivery sale without first receiving proof from the merchant of compliance with section 6(a) of this chapter; or

(2) fails to obtain a signature and proof of identification of the customer or the customer's designee under subsection (a)(1).

The commission shall deposit amounts collected under this subsection into the Richard D. Doyle tobacco education and enforcement fund established by IC 7.1-6-2-6.

(c) The following apply to a merchant that mails or ships cigarettes as part of a delivery sale without using a third party service as required by subsection (a)(1):

(1) The merchant shall require the customer or a person at least twenty-one (21) years of age who is designated by the customer to:

(A) sign to accept delivery of the cigarettes; and

(B) present a valid driver's license issued under IC 9-24-3 or identification card issued under IC 9-24-16 if the customer or the customer's designee, in the opinion of the merchant or the merchant's employee making the delivery, appears to be less than thirty (30) years of age.

(2) The commission may impose a civil penalty of not more than one thousand dollars ($1,000) if the merchant:

(A) delivers the cigarettes without first complying with section 6(a) of this chapter; or

(B) fails to obtain a signature and proof of identification of the customer or the customer's designee under subdivision (1).

The commission shall deposit amounts collected under this subdivision into the Richard D. Doyle tobacco education and enforcement fund established by IC 7.1-6-2-6.

As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.9; P.L.49-2020, SEC.23; P.L.111-2021, SEC.96; P.L.163-2025, SEC.58.

IC 24-3-5-6 Filing with department of state revenue; compliance

Sec. 6. (a) A merchant shall, before mailing or shipping cigarettes as part of a delivery sale, provide the department of state revenue with a written statement containing the merchant's name, address, principal place of business, and each place of business in Indiana.

(b) A merchant who mails or ships cigarettes as part of a delivery sale shall, not later than the tenth day of the calendar month immediately following the month in which the delivery sale occurred, file with the department of state revenue a copy of the invoice for each delivery sale to a customer in Indiana. The invoice must include the following information:

(1) The name and address of the customer to whom the cigarettes were delivered.

(2) The brand name of the cigarettes that were delivered to the customer.

(3) The quantity of cigarettes that were delivered to the customer.

(c) A merchant who complies with 15 U.S.C. 376 for the delivery sale of cigarettes is considered to satisfy the requirements of this section.

As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.10.

IC 24-3-5-7 Pay taxes or provide notice; penalties

Sec. 7. (a) A merchant who delivers cigarettes to a customer as part of a delivery sale shall:

(1) collect and pay all applicable taxes under IC 6-7-1; or

(2) place a legible and conspicuous notice on the outside of the container in which the cigarettes are shipped. The notice shall be placed on the same side of the container as the address to which the container is shipped and must state the following:

"If these cigarettes have been shipped to you from a merchant located outside the state in which you reside, the merchant has under federal law reported information about the sale of these cigarettes, including your name and address, to your state tax collection agency. You are legally responsible for all applicable unpaid state taxes on these cigarettes.".

(b) For a violation of this section the commission may impose, in addition to any other remedies, civil penalties as follows:

(1) If the person has one (1) judgment for a violation of this section committed during a five (5) year period, a civil penalty of at least one thousand dollars ($1,000) but not more than two thousand dollars ($2,000).

(2) If the person has two (2) unrelated judgments for violations of this section committed during a five (5) year period, a civil penalty of at least two thousand five hundred dollars ($2,500) but not more than three thousand five hundred dollars ($3,500).

(3) If the person has three (3) unrelated judgments for violations of this section committed during a five (5) year period, a civil penalty of at least four thousand dollars ($4,000) but not more than five thousand dollars ($5,000).

(4) If the person has four (4) unrelated judgments for violations of this section committed during a five (5) year period, a civil penalty of at least five thousand five hundred dollars ($5,500) but not more than six thousand five hundred dollars ($6,500).

(5) If the person has at least five (5) unrelated judgments for violations of this section committed during a five (5) year period, a civil penalty of ten thousand dollars ($10,000).

As added by P.L.253-2003, SEC.1. Amended by P.L.97-2004, SEC.87; P.L.160-2005, SEC.11.

IC 24-3-5-8 Civil penalties

Sec. 8. The commission may impose a civil penalty of not more one thousand dollars ($1,000) on a:

(1) customer who signs another person's name to a statement required under section 4(1) of this chapter; or

(2) merchant who sells cigarettes by delivery sale to a person less than twenty-one (21) years of age.

The commission shall deposit amounts collected under this section into the Richard D. Doyle tobacco education and enforcement fund established by IC 7.1-6-2-6.

As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.12; P.L.49-2020, SEC.24; P.L.163-2025, SEC.59.

Ch. 5.4 Master Settlement Agreement Protection Act

IC 24-3-5.4-1 "Brand family"

Sec. 1. As used in this chapter, "brand family" means cigarettes that are:

(1) sold under the same trademark; and

(2) differentiated from one another by means of modifiers such as menthol, lights, kings, or 100s.

The term includes the use of a brand name, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or other indicia of product identification that is identical or similar to or identifiable with a previously known brand of cigarettes.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-2 "Cigarette"

Sec. 2. As used in this chapter, "cigarette" has the meaning set forth in IC 24-3-3-5.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-3 "Commission"

Sec. 3. As used in this chapter, "commission" means the alcohol and tobacco commission created by IC 7.1-2-1-1.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-4 "Department"

Sec. 4. As used in this chapter, "department" means the department of state revenue.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-5 "Distributor"

Sec. 5. As used in this chapter, "distributor" means a person that:

(1) purchases cigarettes on which the tax under IC 6-7-1 is not paid; and

(2) stores, sells, or otherwise disposes of the cigarettes.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-5.5 "Importer"

Sec. 5.5. As used in this chapter, "importer" means a person that imports, other than for personal consumption, one (1) or more brand families of a nonparticipating manufacturer.

As added by P.L.24-2010, SEC.1.

IC 24-3-5.4-6 "Master settlement agreement"

Sec. 6. As used in this chapter, "master settlement agreement" has the meaning set forth in IC 24-3-3-6.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-6.5 "Newly qualified nonparticipating manufacturer"

Sec. 6.5. As used in this chapter, "newly qualified nonparticipating manufacturer" means a nonparticipating manufacturer:

(1) that has filed a certification under section 13 of this chapter; and

(2) whose brand families are not listed in a directory under section 14 of this chapter.

As added by P.L.24-2010, SEC.2.

IC 24-3-5.4-7 "Nonparticipating manufacturer"

Sec. 7. As used in this chapter, "nonparticipating manufacturer" means a tobacco product manufacturer that is not a participating manufacturer.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-8 "Participating manufacturer"

Sec. 8. As used in this chapter, "participating manufacturer" has the meaning set forth in IC 24-3-3-12(1).

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-9 "Qualified escrow fund"

Sec. 9. As used in this chapter, "qualified escrow fund" has the meaning set forth in IC 24-3-3-7.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-10 "Stamping agent"

Sec. 10. As used in this chapter, "stamping agent" means a person that may affix a stamp to a package of cigarettes under IC 6-7-1-15.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-11 "Tobacco product manufacturer"

Sec. 11. As used in this chapter, "tobacco product manufacturer" has the meaning set forth in IC 24-3-3-10.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-12 "Units sold"

Sec. 12. As used in this chapter, "units sold" has the meaning set forth in IC 24-3-3-11.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-13 Tobacco product manufacturer certification; brand family list; maintenance of sales documentation by nonparticipating manufacturer

Sec. 13. (a) Not later than April 30 of each year, a tobacco product manufacturer whose cigarettes are sold in Indiana, whether directly or through a distributor, retailer, or similar intermediary, shall certify to the department and the attorney general that, as of the date of the certification, the tobacco product manufacturer is:

(1) a participating manufacturer; or

(2) in full compliance with IC 24-3-3.

The department shall prescribe the form of the certification.

(b) A participating manufacturer shall include in a certification under subsection (a) a list of the participating manufacturer's brand families. The participating manufacturer shall update the list by filing a supplemental certification with the department and the attorney general not less than thirty (30) days before the participating manufacturer adds a brand family or otherwise modifies the list of brand families.

(c) A nonparticipating manufacturer shall include in a certification under subsection (a) a list of the nonparticipating manufacturer's brand families, including the following:

(1) A separate listing of each brand family that was sold in Indiana during the calendar year before the year in which the certification is filed.

(2) A separate listing of the number of units sold for each brand family that was sold in Indiana during the calendar year before the year in which the certification is filed.

(3) An indication of any brand family that was sold in Indiana during the calendar year before the year in which the certification is filed and that is not sold in Indiana as of the date of the certification.

(4) The name and address of any other manufacturer of a brand family that was sold in Indiana during the calendar year before the year in which the certification is filed.

(d) A nonparticipating manufacturer shall file a supplemental certification with the attorney general not less than thirty (30) days before the nonparticipating manufacturer adds to or otherwise modifies its list of brand families.

(e) A nonparticipating manufacturer shall certify the following in a certification under subsection (a):

(1) The nonparticipating manufacturer:

(A) is registered to do business in Indiana; or

(B) has appointed an agent for service of process and provided notice under section 16 of this chapter.

(2) The nonparticipating manufacturer has:

(A) established and continues to maintain a qualified escrow fund; and

(B) executed a qualified escrow agreement that:

(i) the attorney general has approved; and

(ii) governs the qualified escrow fund.

(3) The nonparticipating manufacturer is in full compliance with:

(A) this section;

(B) section 13.5 of this chapter, if applicable;

(C) section 13.6 of this chapter, if applicable; and

(D) IC 24-3-3.

(4) The name, address, and telephone number of the financial institution that holds the nonparticipating manufacturer's qualified escrow fund.

(5) The account number and any subaccount numbers of the nonparticipating manufacturer's qualified escrow fund.

(6) The amounts and dates of deposits that the nonparticipating manufacturer placed in the qualified escrow fund for cigarettes sold in Indiana during the calendar year before the year in which the certification is filed, including any verification required by the attorney general.

(7) The amounts and dates of withdrawals or transfers of funds that the nonparticipating manufacturer made from a qualified escrow fund into which the nonparticipating manufacturer made or makes escrow payments under IC 24-3-3.

(f) A tobacco product manufacturer shall not include a brand family in the tobacco product manufacturer's certification under subsection (a) unless:

(1) in the case of a participating manufacturer, the participating manufacturer affirms that the brand family is considered the participating manufacturer's cigarettes for purposes of calculating the participating manufacturer's payments under the master settlement agreement for the year in which the certification is filed in the volume and shares determined under the master settlement agreement; or

(2) in the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the brand family is considered to be the nonparticipating manufacturer's cigarettes for purposes of IC 24-3-3-12(2).

(g) This section does not limit or otherwise affect the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the master settlement agreement or for purposes of IC 24-3-3.

(h) A nonparticipating manufacturer shall maintain all invoices and documentation of sales and any other relevant information for a period of five (5) years unless otherwise required by law to maintain the invoices, documentation of sales, or other relevant information for more than five (5) years.

As added by P.L.252-2003, SEC.16. Amended by P.L.24-2010, SEC.3.

IC 24-3-5.4-13.5 Importers required to provide information to the attorney general

Sec. 13.5. (a) This section applies to a nonparticipating manufacturer whose principal place of business is located outside the United States.

(b) Each year, a nonparticipating manufacturer shall provide to the attorney general a declaration from each of the nonparticipating manufacturer's importers that does the following:

(1) States that the importer assumes joint and several liability with the nonparticipating manufacturer for the following payments, penalties, costs, and fees with respect to the importer:

(A) Any escrow payments required under IC 24-3-3-12(2) for deposit in a qualified escrow fund.

(B) Any penalties assessed against the nonparticipating manufacturer under IC 24-3-3 or this chapter.

(C) Payment of all costs and fees recovered by the state against the nonparticipating manufacturer under section 28 of this chapter.

(2) Appoints a registered agent for service of process for the importer and provides notice in accordance with section 16 of this chapter.

The attorney general shall prescribe the form of a declaration under this subsection, including dates for filing the declaration.

As added by P.L.24-2010, SEC.4.

IC 24-3-5.4-13.6 Bonds required for certain newly qualified and certain nonparticipating manufacturers

Sec. 13.6. (a) The attorney general may determine that a nonparticipating manufacturer, including a newly qualified nonparticipating manufacturer, poses an elevated risk for noncompliance with this article if any of the following apply:

(1) The nonparticipating manufacturer or an affiliate of a nonparticipating manufacturer has failed to make required payments into a qualified escrow fund in any state during the three (3) calendar years immediately preceding the date of the determination unless:

(A) the nonparticipating manufacturer or affiliate:

(i) did not knowingly or recklessly fail to make the required payments; and

(ii) makes the required payment not more than one hundred eighty (180) days after receiving notice of the missed or insufficient payment; or

(B) the failure to make the required payment is:

(i) the subject of a good faith dispute that is documented to the satisfaction of the attorney general; and

(ii) cured not more than one hundred eighty (180) days after entry of a final order that resolves the good faith dispute and establishes the amount of the required escrow payment.

(2) A state has removed the nonparticipating manufacturer, an affiliate of the nonparticipating manufacturer, or a brand family of the nonparticipating manufacturer or an affiliate of the nonparticipating manufacturer from the state's tobacco directory for noncompliance with state law during the three (3) calendar years immediately preceding the date of the determination.

(3) A state has:

(A) litigation pending; or

(B) an unsatisfied judgment;

against the nonparticipating manufacturer or an affiliate of the nonparticipating manufacturer for escrow payments or penalties, costs, or fees related to the nonparticipating manufacturer or affiliate's noncompliance with the state's escrow laws.

(b) The attorney general shall require:

(1) a newly qualified nonparticipating manufacturer; or

(2) a nonparticipating manufacturer that:

(A) has filed a certification under section 13 of this chapter; and

(B) poses an elevated risk for noncompliance, as determined by the attorney general under subsection (a);

to post a bond as described in subsection (c).

(c) A bond required under subsection (b) must be:

(1) posted by corporate surety located within the United States;

(2) in an amount equal to the greater of:

(A) fifty thousand dollars ($50,000); or

(B) the amount that the nonparticipating manufacturer is required to place into a qualified escrow fund under IC 24-3-3-12(2) for the calendar year in which the bond is posted;

(3) written in favor of the state of Indiana; and

(4) for a nonparticipating manufacturer, conditioned on the performance of the nonparticipating manufacturer, or an importer that assumes joint and several liability with the nonparticipating manufacturer under section 13.5 of this chapter, of all of obligations and duties of the nonparticipating manufacturer under this article during the calendar year in which the bond is posted and the immediately succeeding calendar year.

(d) If the attorney general determines under subsection (a) that a newly qualified nonparticipating manufacturer poses an elevated risk of noncompliance, the attorney general may require the newly qualified nonparticipating manufacturer to post a bond under subsection (c) for at least the first three (3) years during which the newly qualified nonparticipating manufacturers brand families are listed in a directory under section 14 of this chapter.

As added by P.L.24-2010, SEC.5.

IC 24-3-5.4-14 Brand family directory; refunds

Sec. 14. (a) Not later than July 1 of each year, the attorney general shall make available to the public by publishing on accessIndiana (as operated under IC 4-13.1-2) a directory listing all brand families listed in certifications filed under section 13 of this chapter.

(b) A directory described in subsection (a) shall not include the name or brand families of a nonparticipating manufacturer:

(1) that fails to comply with section 13 of this chapter;

(2) whose certification fails to comply with section 13(c) or 13(e) of this chapter, unless the attorney general determines that the failure has been remedied; or

(3) that:

(A) has filed a certification under section 13 of this chapter; and

(B) poses an elevated risk for noncompliance, as determined by the attorney general under section 13.6(a) of this chapter;

unless the nonparticipating manufacturer, or an importer that assumes joint and several liability with the nonparticipating manufacturer under section 13.5 of this chapter, posts a bond under section 13.6 of this chapter.

(c) The directory may not include a tobacco product manufacturer or a brand family if the attorney general concludes that:

(1) in the case of a nonparticipating manufacturer, all escrow payments required under IC 24-3-3-12 for any period for any brand family, whether or not listed by the nonparticipating manufacturer, have not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the attorney general; or

(2) all outstanding final judgments, including interest on the judgments, for violations of IC 24-3-3 have not been fully satisfied for the tobacco product manufacturer or brand family.

(d) The directory may not include a newly qualified nonparticipating manufacturer unless the newly qualified nonparticipating manufacturer posts a bond under section 13.6 of this chapter.

(e) The attorney general shall update the directory as necessary to correct mistakes or to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this chapter.

(f) The attorney general shall post in the directory and transmit by electronic mail or other means to each distributor or stamping agent notice of any removal from the directory of a tobacco product manufacturer or brand family not later than thirty (30) days before the attorney general removes the tobacco product manufacturer or brand family from the directory.

(g) Unless otherwise provided in an agreement between a tobacco product manufacturer and a distributor or stamping agent, a distributor or stamping agent is entitled to a refund from a tobacco product manufacturer for any money paid by the distributor or stamping agent to the tobacco product manufacturer for any cigarettes of the tobacco product manufacturer or brand family that:

(1) are in the possession of the distributor or stamping agent on; or

(2) the distributor or stamping agent receives from a retailer after;

the date on which the tobacco product manufacturer or brand family is removed from the directory.

(h) Unless otherwise provided in an agreement between a retailer and a distributor, stamping agent, or tobacco product manufacturer, a retailer is entitled to a refund from a distributor, stamping agent, or tobacco product manufacturer for any money paid by the retailer to the distributor, stamping agent, or tobacco product manufacturer for any cigarettes of the tobacco product manufacturer or brand family that are in the possession of the retailer on the date on which the tobacco product manufacturer or brand family is removed from the directory.

(i) The attorney general shall not restore a tobacco product manufacturer or brand family to the directory until the tobacco product manufacturer pays a distributor, stamping agent, or retailer any refund due under subsection (g) or (h).

(j) A distributor or stamping agent shall provide and update as necessary an electronic mail address to the attorney general for purposes of receiving a notification required by this chapter.

As added by P.L.252-2003, SEC.16. Amended by P.L.177-2005, SEC.44; P.L.24-2010, SEC.6.

IC 24-3-5.4-15 Stamping, sale, or importation of unlisted cigarettes prohibited

Sec. 15. A person may not:

(1) affix a stamp to a package or other container of cigarettes; or

(2) sell, offer or possess for sale, or import for personal consumption in Indiana cigarettes;

of a tobacco product manufacturer or brand family that is not listed in a directory under section 14 of this chapter.

As added by P.L.252-2003, SEC.16. Amended by P.L.160-2005, SEC.13.

IC 24-3-5.4-16 Appointment of agent by foreign nonparticipating manufacturer; termination of agency

Sec. 16. (a) A foreign nonparticipating manufacturer that has not registered to do business in Indiana shall, as a condition precedent to having the foreign nonparticipating manufacturer's brand families listed in a directory under section 14 of this chapter, appoint and engage without interruption the services of an agent in Indiana to act as the foreign nonparticipating manufacturer's agent for the service of process. Service on an agent under this section constitutes legal and valid service of process on the foreign nonparticipating manufacturer that appointed and engaged the services of the agent. The foreign nonparticipating manufacturer shall provide the following information to the department and the attorney general:

(1) The name, address, and telephone number of the agent.

(2) Proof of the appointment of the agent.

(3) The availability of the agent.

(4) Any other information required by the department or the attorney general.

(b) A foreign nonparticipating manufacturer shall provide notice to the department and the attorney general not less than thirty (30) days before the foreign nonparticipating manufacturer terminates the authority of an agent appointed under this section. The foreign nonparticipating manufacturer shall provide proof to the satisfaction of the attorney general of the appointment of a new agent not less than five (5) days before the foreign nonparticipating manufacturer terminates an existing agency appointment.

(c) If an agent terminates an agency appointment, the foreign nonparticipating manufacturer shall:

(1) notify the department and the attorney general of the termination not more than five (5) days after the termination; and

(2) provide proof to the satisfaction of the attorney general of the appointment of a new agent.

(d) A foreign nonparticipating manufacturer that:

(1) sells products in Indiana; and

(2) has not appointed an agent under this section;

is considered to have appointed the secretary of state as the foreign nonparticipating manufacturer's agent. The appointment of the secretary of state under this subsection as the foreign nonparticipating manufacturer's agent does not satisfy the condition precedent to having the foreign nonparticipating manufacturer's brand families listed in a directory under section 14 of this chapter.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-17 Distributor or stamping agent required to send information to department, commission, and attorney general

Sec. 17. (a) This section applies after July 31, 2003.

(b) Not later than January 20, April 20, July 20, and October 20 of a calendar year, or more frequently if ordered by the department, the commission, or the attorney general, a distributor or stamping agent shall submit the following information to the department, the commission, and the attorney general:

(1) A list by brand family of the total number of cigarettes for which the distributor or stamping agent affixed stamps or otherwise paid taxes during the immediately preceding three (3) months.

(2) Any other information required by the department or the attorney general.

The distributor or stamping agent shall maintain and make available to the department, the commission, and the attorney general for a period of five (5) years all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information that the distributor or stamping agent relied on in reporting to the department, the commission, and the attorney general.

(c) The attorney general may require a distributor or a tobacco product manufacturer to submit additional information to determine whether a tobacco product manufacturer is in compliance with this chapter. The additional information may include samples of the packaging or labeling of each of the tobacco product manufacturer's brand families.

As added by P.L.252-2003, SEC.16. Amended by P.L.160-2005, SEC.14.

IC 24-3-5.4-18 Disclosure of information received

Sec. 18. (a) The department and the commission shall disclose to the attorney general any information received under this chapter and requested by the attorney general for purposes of determining compliance with and enforcing this chapter. The department, the commission, and the attorney general:

(1) shall share with each other the information received under this chapter; and

(2) may share the information received under this chapter with other federal, state, or local agencies only for purposes of enforcing this chapter or a corresponding law in another state.

(b) Notwithstanding any other law:

(1) the department, the commission, or the attorney general may provide information received under section 17 of this chapter to a court, an arbitrator, or a data clearinghouse or similar entity:

(A) for the purposes of making calculations required by the master settlement agreement and related settlement agreements; and

(B) with counsel for the parties;

upon the execution of a protective order approved by the attorney general; and

(2) any tobacco sales data provided from an outside party and received under the master settlement agreement must be treated as confidential under IC 5-14-3-4(a)(4) and IC 5-14-3-4(a)(5).

As added by P.L.252-2003, SEC.16. Amended by P.L.231-2015, SEC.12.

IC 24-3-5.4-19 Proof of qualified escrow fund by nonparticipating manufacturer

Sec. 19. The attorney general may require a nonparticipating manufacturer to provide from the financial institution that holds the nonparticipating manufacturer's qualified escrow fund for purposes of complying with this chapter proof of:

(1) the amount of money in the qualified escrow fund being held on behalf of the state;

(2) the dates of any deposits into the qualified escrow fund; and

(3) the dates and amounts of any withdrawals from the qualified escrow fund.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-20 Rules

Sec. 20. The department or the attorney general may adopt rules under IC 4-22-2 to implement this chapter, including rules to:

(1) require a tobacco product manufacturer subject to section 13(c) of this chapter to make required escrow deposits in installments during the calendar year in which the sales covered by the deposits are made; or

(2) produce information sufficient to enable the attorney general to determine the adequacy of the amount of an installment deposit described in subdivision (1).

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-21 Revocation of suspension of distributor's license; penalty

Sec. 21. (a) This section applies in addition to or instead of any other civil or criminal penalty.

(b) The department may revoke or suspend the license of a distributor, a stamping agent, or any other person that violates section 15 of this chapter.

(c) Each:

(1) stamp affixed;

(2) sale of cigarettes; or

(3) offer or possession of cigarettes for sale;

in violation of section 15 of this chapter constitutes a separate violation.

(d) The department or the commission may impose a civil penalty that does not exceed the greater of:

(1) five hundred percent (500%) of the retail value of the cigarettes sold; or

(2) five thousand dollars ($5,000);

for each violation of section 15 of this chapter.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-22 Seizure and forfeiture of unlisted cigarettes

Sec. 22. Whenever the department or the commission discovers any cigarettes that have been sold, offered for sale, or possessed for sale in Indiana in violation of section 15 of this chapter, the department or the commission may seize and take possession of the cigarettes. The seized cigarettes shall be forfeited to the state. The department or the commission shall destroy the seized cigarettes.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-23 Injunction

Sec. 23. The attorney general may seek an injunction to:

(1) restrain a threatened or an actual violation of section 15 of this chapter by a stamping agent; and

(2) compel the stamping agent to comply with sections 15, 17(b), and 17(c) of this chapter.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-24 Violation; infraction or Class C misdemeanor

Sec. 24. (a) A person shall not:

(1) sell or distribute; or

(2) acquire, hold, own, possess, transport, import, or cause to be imported;

cigarettes that the person knows or should know are intended for distribution or sale in Indiana in violation of section 15 of this chapter.

(b) A person who violates this section commits a Class C infraction. However, the violation is a Class C misdemeanor if it is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years.

As added by P.L.252-2003, SEC.16. Amended by P.L.32-2019, SEC.21.

IC 24-3-5.4-25 Unfair and deceptive business practice

Sec. 25. A person who violates section 15 of this chapter engages in an unfair and deceptive business practice.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-26 Judicial review

Sec. 26. A determination by the attorney general to not list in or to remove from a directory under section 14 of this chapter a brand family or a tobacco product manufacturer is subject to review only by the Marion County circuit court.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-27 Issuance of registration certificate

Sec. 27. The department shall not issue a registration certificate under IC 6-7-1-16(a) to a distributor unless the distributor certifies in writing that the distributor will comply with this chapter.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-28 Recovery of costs

Sec. 28. In an action brought by the state to enforce this chapter, the state may recover:

(1) the costs of investigation;

(2) expert witness fees;

(3) the costs of the action; and

(4) attorney's fees.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-29 Disgorged profits

Sec. 29. If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the treasurer of state for deposit in the Indiana tobacco master settlement agreement fund under IC 4-12-1-14.3.

As added by P.L.252-2003, SEC.16.

IC 24-3-5.4-30 Penalties deposited in enforcement and administration fund

Sec. 30. All:

(1) civil penalties imposed under; and

(2) judgments for violations of;

this chapter shall be deposited in the enforcement and administration fund established under IC 7.1-4-10-1.

As added by P.L.252-2003, SEC.16.

Ch. 6 Contraband Cigarettes

IC 24-3-6-1 "Commission"

Sec. 1. As used in this chapter, "commission" refers to the alcohol and tobacco commission created by IC 7.1-2-1-1.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-2 "Distributor"

Sec. 2. As used in this chapter, "distributor" means a distributor (as defined in IC 6-7-1-6) that holds a registration certificate issued under IC 6-7-1-16.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-3 "Importer"

Sec. 3. As used in this chapter, "importer" means a person that brings cigarettes into the United States for sale or distribution.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-4 "Licensed"

Sec. 4. As used in this chapter, "licensed" means holding a license issued under section 9 of this chapter.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-5 "Manufacturer"

Sec. 5. As used in this chapter, "manufacturer" means a person that manufactures or otherwise produces cigarettes to be sold in the United States.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-6 "Person"

Sec. 6. As used in this chapter, "person" has the meaning set forth in IC 6-7-1-4.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-7 "Retailer"

Sec. 7. As used in this chapter, "retailer" means a person that sells cigarettes to a consumer. The term includes a distributor.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-8 "Stamp"

Sec. 8. As used in this chapter, "stamp" has the meaning set forth in IC 6-7-1-9.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-9 Licenses; application, issuance, and renewal; revocation or suspension

Sec. 9. (a) The commission may issue or renew a license to the following applicants:

(1) An importer.

(2) A manufacturer.

The commission shall prescribe the form of an application.

(b) An importer or manufacturer that conducts business in Indiana must apply under this section for a license for the importer's or manufacturer's principal place of business. An importer or manufacturer that is issued a license shall display the license at the importer's or manufacturer's principal place of business.

(c) The commission shall prescribe the form and duration of a license issued under this section. However, a license may not be valid for more than three (3) years from the date of issuance.

(d) A license issued under this section is nontransferable.

(e) The commission shall not issue or renew a license under this section if:

(1) the applicant owes at least five hundred dollars ($500) in taxes imposed under IC 6-7-1-12;

(2) the commission revoked the applicant's license within two (2) years before the application;

(3) the applicant commits an offense under IC 6-7-1-21;

(4) the applicant does not comply with IC 24-3-3-12; or

(5) the applicant violates IC 24-3-4.

(f) The commission may revoke or suspend a license issued under this section if the applicant:

(1) is not eligible to receive or renew a license under subsection (e); or

(2) violates this chapter.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-10 Stamped and unstamped cigarettes

Sec. 10. (a) A distributor may apply a stamp only to cigarettes that are received from a licensed importer or licensed manufacturer.

(b) A distributor shall store stamped and unstamped cigarettes separately.

(c) A distributor may transfer unstamped cigarettes only as provided in IC 6-7-1-18.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-11 Selling or obtaining cigarettes

Sec. 11. (a) A manufacturer or an importer may sell cigarettes in Indiana only to a distributor or a licensed importer.

(b) A manufacturer that sells cigarettes to a licensed importer under subsection (a) must be a licensed manufacturer.

(c) A distributor may sell cigarettes only to a distributor or a retailer.

(d) A distributor may obtain cigarettes only from another distributor, a licensed importer, or a licensed manufacturer.

(e) Except as provided in subsection (f), a retailer may obtain cigarettes only from a distributor.

(f) A retailer that is a holder of a certificate issued under IC 7.1-3-18.5 may purchase up to one thousand dollars ($1,000) of cigarettes per week from another retailer that holds a certificate issued under IC 7.1-3-18.5.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-12 Reporting information by distributor to attorney general

Sec. 12. (a) This section does not apply to a distributor who:

(1) is a licensed manufacturer; and

(2) complies with section 13 of this chapter.

(b) A distributor shall report the following information for each place of business belonging to the distributor to the office of the attorney general not later than the fifteenth day of each month:

(1) The number and brand of cigarettes:

(A) distributed;

(B) shipped into Indiana; or

(C) shipped within Indiana;

during the immediately preceding month.

(2) The name and address of each person to which cigarettes described in subdivision (1) were distributed or shipped.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-12.3 Distributor reports under section 12 of chapter; when required

Sec. 12.3. Notwithstanding section 12(b)(2) of this chapter, as added by P.L.160-2005, a distributor is not required to report the information required in section 12(b)(2) of this chapter, as added by P.L.160-2005, until the later of the following:

(1) When the attorney general becomes capable of receiving the information reported in an electronic format.

(2) July 1, 2008.

As added by P.L.220-2011, SEC.386.

IC 24-3-6-13 Documentation of transactions; preservation; review

Sec. 13. (a) An importer or a manufacturer shall maintain documentation for each place of business belonging to the importer or manufacturer for each transaction other than a retail transaction with a consumer involving the sale, purchase, transfer, consignment, or receipt of cigarettes. The documentation must include:

(1) the name and address of the parties to the transaction; and

(2) the quantity by brand style of cigarettes involved in the transaction.

(b) Subject to subsection (c), an importer or a manufacturer shall preserve documentation described in subsection (a) at the place of business at which each transaction occurs.

(c) The commission may allow an importer or a manufacturer with multiple places of business to preserve documentation described in subsection (a) at a centralized location. However, the importer or manufacturer shall provide duplicate documentation at each place of business upon request by the commission.

(d) An importer or a manufacturer shall maintain documentation under this section for five (5) years from the date of the transaction.

(e) The commission may:

(1) obtain access to; and

(2) inspect at reasonable times;

the documentation maintained under this section. The commission may share the documentation with other law enforcement officials.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-14 Inspection by commission or law enforcement officer

Sec. 14. (a) The commission may enter and inspect, without a warrant during normal business hours or with a warrant during nonbusiness hours, the facilities and records of an importer or a manufacturer.

(b) If the commission or a law enforcement officer has knowledge or reasonable grounds to believe that a vehicle is transporting cigarettes in violation of this chapter, the commission or the law enforcement officer may stop and inspect the vehicle for cigarettes being transported in violation of this chapter.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-15 Civil penalty

Sec. 15. (a) A person who violates this chapter is liable for a civil penalty equal to the greater of:

(1) five (5) times the value of the cigarettes involved in the violation; or

(2) one thousand dollars ($1,000).

(b) A civil penalty under this section is in addition to any other penalty imposed.

As added by P.L.160-2005, SEC.15.

IC 24-3-6-16 Right of action; notice to attorney general

Sec. 16. (a) Either or both of the following may bring an action to prevent or restrain violations of this chapter:

(1) The attorney general or the attorney general's designee.

(2) A person that holds a valid permit under 26 U.S.C. 5712.

(b) A person that brings an action under subsection (a) shall provide notice to the attorney general of the commencement of the action.

As added by P.L.160-2005, SEC.15.

Ch. 7 Nicotine Liquid Container Packaging

IC 24-3-7-1 Application of chapter

Sec. 1. This chapter does not apply to any product that:

(1) has been approved or certified by the United States Food and Drug Administration for sale:

(A) as a tobacco cessation product;

(B) as a tobacco dependence product; or

(C) for another medical purpose; and

(2) is marketed and sold for an approved purpose referred to in subdivision (1)(A) through (1)(C).

As added by P.L.231-2015, SEC.13.

IC 24-3-7-2 "Child resistant packaging"

Sec. 2. As used in this chapter, "child resistant packaging" means packaging that:

(1) is designed or constructed so that it is significantly difficult for children less than five (5) years of age to:

(A) open the package; or

(B) obtain a toxic or harmful amount of substance from within the package;

within a reasonable time; but

(2) is not difficult for adults to use properly.

As added by P.L.231-2015, SEC.13.

IC 24-3-7-3 "Commission"

Sec. 3. As used in this chapter, "commission" refers to the alcohol and tobacco commission created by IC 7.1-2-1-1.

As added by P.L.231-2015, SEC.13.

IC 24-3-7-4 "Electronic cigarette"

Sec. 4. As used in this chapter, "electronic cigarette" means a device that is capable of providing an inhalable dose of nicotine by delivering a vaporized solution. The term includes the components and cartridges of an electronic cigarette.

As added by P.L.231-2015, SEC.13.

IC 24-3-7-5 "Electronic delivery device"

Sec. 5. (a) As used in this chapter, "electronic delivery device" means any product that:

(1) contains or delivers nicotine, lobelia, or any other substance intended for human consumption; and

(2) can be used by a person to simulate smoking in the delivery of nicotine, lobelia, or any other substance through inhalation of vapor from the product.

(b) The term includes any component part of a product described in subsection (a), whether or not the component part is marketed or sold separately.

As added by P.L.231-2015, SEC.13.

IC 24-3-7-6 "Nicotine liquid container"

Sec. 6. (a) As used in this chapter, "nicotine liquid container" means a bottle or other container that:

(1) contains a nicotine liquid or another substance containing nicotine; and

(2) is sold, marketed, or intended for use with an electronic cigarette or other electronic delivery device.

(b) The term does not include a container containing nicotine in a cartridge that is sold, marketed, or intended for use with an electronic cigarette if the cartridge:

(1) is prefilled and sealed by the manufacturer; and

(2) is not intended to be opened by the consumer.

As added by P.L.231-2015, SEC.13.

IC 24-3-7-7 Liquid and gel nicotine substances required to be contained in child resistant packaging

Sec. 7. A person may not manufacture, sell, or distribute:

(1) a liquid or gel substance containing nicotine; or

(2) a nicotine liquid container;

unless the product is contained in child resistant packaging.

As added by P.L.231-2015, SEC.13.

IC 24-3-7-8 Seizure of products; penalties

Sec. 8. (a) If the commission discovers any product sold or distributed in violation of this chapter, the commission may seize and take possession of the product. The commission shall destroy products seized under this subsection.

(b) The commission may impose a civil penalty on any person who sells or distributes a product in violation of this chapter. However, the civil penalty may not exceed the greater of:

(1) five hundred percent (500%) of the retail value of the product sold or distributed in violation of this chapter; or

(2) five thousand dollars ($5,000).

As added by P.L.231-2015, SEC.13.

Art. 4 Regulated Businesses

Ch. 1 Dairy Products

IC 24-4-1-1 Discrimination; violation

Sec. 1. A person engaged in the purchasing, manufacture, or distribution of milk or milk products who, for the purpose of destroying the business of a competitor in any locality and creating or maintaining a monopoly, discriminates between different sections, communities, or cities of this state by buying or selling milk or milk products at a lower rate in one section, community, or city than is paid or charged in another section, community, or city after equalizing the distance from the point of production, if a raw product, or from the point of manufacture, if a manufactured product, the actual cost of transportation, and making allowance for differences in quality, commits a Class B misdemeanor.

Formerly: Acts 1913, c.117, s.1. As amended by Acts 1978, P.L.2, SEC.2409.

IC 24-4-1-2 Repealed

Formerly: Acts 1913, c.117, s.2. Repealed by Acts 1978, P.L.2, SEC.2426.

IC 24-4-1-3 Void contracts and agreements

Sec. 3. All contracts and agreements made in violation of any provisions of section 1 of this chapter shall be void.

Formerly: Acts 1913, c.117, s.3. As amended by P.L.152-1986, SEC.44.

IC 24-4-1-4 Duty of prosecuting attorney and attorney general

Sec. 4. It shall be the duty of the prosecuting attorneys, in their counties, and the attorney general to enforce the provisions of sections 1 and 3 of this chapter by appropriate actions in courts of competent jurisdiction.

Formerly: Acts 1913, c.117, s.4. As amended by P.L.152-1986, SEC.45.

IC 24-4-1-5 Duty of secretary of state

Sec. 5. If complaint shall be made to the secretary of state that any corporation authorized to do business in this state is guilty of unfair discrimination within the terms of this chapter, it shall be the duty of the secretary of state to refer the matter to the attorney general, who may, if the facts justify it in his judgment, institute proceedings in the court against such corporations.

Formerly: Acts 1913, c.117, s.5. As amended by P.L.152-1986, SEC.46.

IC 24-4-1-6 Revocation of corporate permit

Sec. 6. If any corporation, foreign or domestic, authorized to do business in this state is found guilty of unfair discrimination within the terms of this chapter, it shall be the duty of the secretary of state to immediately revoke the permit of such corporation to do business in this state.

Formerly: Acts 1913, c.117, s.6. As amended by P.L.152-1986, SEC.47.

Ch. 2 Trade Stamps

IC 24-4-2-1 Stamps; redeemable in lawful money

Sec. 1. No person shall sell or issue to any person in this state any stamps, trading stamps, cash discount stamps, checks, ticket, coupon, or other similar devise which will entitle the holder thereof, on presentation thereof, either singly or in definite number, or receive, either directly from the vendor or indirectly through any other person, money or goods, wares or merchandise, unless each of said stamps, trading stamps, cash discount stamps, checks, tickets, coupons, or other similar devices shall have legibly printed or written on the face thereof the redeemable value thereof in lawful money of the United States.

Formerly: Acts 1913, c.299, s.1; Acts 1921, c.109, s.1.

IC 24-4-2-2 Redemption in lawful money by seller or issuer; minimum redemption

Sec. 2. Any person who shall sell or issue to any person engaged in any trade, business, or profession, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar device which will entitle the holder, on presentation, either singly or in definite number, to receive either directly from the vendor or indirectly through any other person, money, goods, wares, or merchandise, shall upon presentation redeem the same either in goods, wares, or merchandise, or in lawful money of the United States, at the option of the holder, at the value in lawful money printed on the face, if the same be presented for redemption in number or quantity aggregating in money value not less than five cents ($0.05) in each lot.

Formerly: Acts 1913, c.299, s.2. As amended by P.L.137-2021, SEC.3.

IC 24-4-2-3 Refusal to redeem

Sec. 3. Any person engaged in any trade, business, or profession who shall distribute, deliver, or present to any person dealing with him, in consideration of any article or thing purchased, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar device which will entitle the holder thereof, on presentation thereof, either singly or in definite number, to receive either directly from the person issuing or selling the same, as set forth in section 2 of this chapter, or indirectly from any other person, shall, upon the refusal or failure of the said person issuing or selling same to redeem the same as set forth in said section 2 of this chapter, be liable to the holder thereof for the face value thereof, and shall, upon presentation of the same in lots of number aggregating, in money value, not less than five cents ($0.05) in each lot, redeem the same either in ware or merchandise or in lawful money of the United States, at the option of the holder thereof, at the value in lawful money printed on the face thereof.

Formerly: Acts 1913, c.299, s.3. As amended by P.L.152-1986, SEC.48.

IC 24-4-2-4 Redemption in money or merchandise; option of holder of stamps

Sec. 4. The redeemable value of such stamps, trading stamps, cash discount stamp, check, ticket, coupon or other similar device, printed or legibly written on the face of said stamp as provided in this section shall be the same, whether redeemed in merchandise or in lawful money of the United States, and the redemption of such stamps as described in this section shall be in lawful money of the United States or in merchandise of equal value thereto, at the option of the holder of said stamps.

Formerly: Acts 1913, c.299, s.4. As amended by P.L.136-2018, SEC.139.

IC 24-4-2-5 Giving stamps; consent of person or firm issuing stamp

Sec. 5. No person, firm, limited liability company, or corporation shall give or deliver, as an inducement for or in connection with the sale of merchandise, any coupon, check, ticket, stamp, token, or similar device redeemable in money or in merchandise, as in this chapter provided, by any other person, firm, limited liability company, or corporation without the consent of the person, firm, or corporation originally issuing the same and responsible for the redemption thereof.

Formerly: Acts 1913, c.299, s.5. As amended by P.L.152-1986, SEC.49; P.L.8-1993, SEC.345.

IC 24-4-2-6 Violation

Sec. 6. A person who violates this chapter commits a Class C infraction.

Formerly: Acts 1913, c.299, s.6. As amended by Acts 1978, P.L.2, SEC.2410.

Ch. 3 Secondhand Watches

IC 24-4-3-1 Definitions

Sec. 1. As used in this chapter:

(a) "Person" shall be deemed to mean a person, firm, partnership, association, limited liability company, or corporation.

(b) "Consumer" shall be deemed to mean an individual, firm, partnership, association, limited liability company, or corporation who buys for his or its own use, or for the use of another but not for resale.

(c) A "second-hand watch" shall be deemed to mean:

(1) a watch which, as a whole, the case thereof, or the movement thereof, has been sold to a consumer; or

(2) any watch whose case or movement, serial numbers, or other distinguishing numbers or identification marks have been erased, defaced, removed, altered, or covered.

Formerly: Acts 1937, c.270, s.1. As amended by P.L.152-1986, SEC.50; P.L.8-1993, SEC.346.

IC 24-4-3-2 Informing purchaser of secondhand nature of watch

Sec. 2. Any person, or agent or employee thereof, who sells a second-hand watch shall affix and keep affixed to the same a tag with the words "second-hand" legibly written or printed thereon in the English language. For the purposes of this chapter, "sell" shall be deemed to include offer to sell or exchange, expose for sale or exchange, possess with intent to sell or exchange, and sell or exchange.

Formerly: Acts 1937, c.270, s.2. As amended by P.L.152-1986, SEC.51.

IC 24-4-3-3 Invoice of sale

Sec. 3. Any person, or agent or employee thereof, who sells a second-hand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers (if any) or other distinguishing numbers or identification marks on its case and movement. In the event the serial numbers, or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered, this shall be set forth in the invoice. A duplicate of the aforesaid invoice shall be kept on file by the vendor of such second-hand watch for at least one (1) year from the date of the sale thereof and shall be open to inspection during all business hours by the prosecuting attorney or his representative of the county in which the vendor is engaged in business.

Formerly: Acts 1937, c.270, s.3.

IC 24-4-3-4 Advertising secondhand watches

Sec. 4. Any person advertising in any manner second-hand watches for sale shall state clearly in such advertising that the watches so advertised are second-hand watches.

Formerly: Acts 1937, c.270, s.4.

IC 24-4-3-5 Violations

Sec. 5. A person who recklessly violates this chapter commits a Class B misdemeanor.

Formerly: Acts 1937, c.270, s.5. As amended by Acts 1978, P.L.2, SEC.2411.

Ch. 4 Coal Delivery Tickets

IC 24-4-4-1 Sale of coal and coke; duplicate ticket; contents

Sec. 1. It shall be unlawful for any person, firm, limited liability company, or corporation, by himself or itself, or by his or its servants or as the servant or agent of another, to sell or offer for sale or delivery at retail any coal or coke which is sold by weight, unless each such delivery is accompanied by a delivery ticket and a duplicate thereof, upon each of which tickets and duplicates thereof shall be written or otherwise indicated:

(a) the name and address of the person, firm, limited liability company, corporation, or association selling and delivering or attempting to sell or deliver such commodity;

(b) the gross weight of the load, the tare weight of the delivering vehicle, and the net amount in weight of the commodity being delivered in such vehicle;

(c) the name or identifying initials of the party who weighed it;

(d) the state in which the coal was mined, the name of the coal, brand or trade name, if any;

(e) the number of the vein or seam from which the coal was taken; and

(f) the size and grade thereof, which size of all grades must be designated according to the openings in the screens over and through which each such size of coal is made at the place of production.

One (1) of such delivery tickets or the duplicate thereof shall be delivered and surrendered to the person or persons in charge of the delivery of such load of commodities to the purchaser thereof or to his agent or representative, and the other ticket or duplicate shall be retained by the person, firm, limited liability company, or corporation making such sale for a period of not less than twelve (12) months from date of sale. All coal or coke so sold or delivered shall consist of the kind, quality, and weight in all respects as described and indicated in such delivery ticket and duplicate thereof, and it shall constitute a violation of this chapter to sell or deliver or substitute any other kind and quality or weight of coal or coke than that so described and indicated, and proof of the sale, delivery, or substitution of any coal or coke which is not of the kind, quality, and weight so described and indicated shall constitute prima facie evidence and proof of intent to violate this section.

Formerly: Acts 1931, c.177, s.1; Acts 1935, c.278, s.1. As amended by P.L.152-1986, SEC.52; P.L.8-1993, SEC.347.

IC 24-4-4-2 Coal in carload lots; invoice; contents

Sec. 2. Every person, firm, limited liability company, or corporation who produces, ships or sells coal in car-load lots in this state shall transmit an invoice for each shipment of coal which shall indicate plainly thereon the state in which the coal was mined, the name of the coal or the number of the vein or seam from which the coal was taken, and the size and grade thereof, which size of all grades must be designated according to the opening in the screens over and through which each such size of coal is made at the place of production.

Formerly: Acts 1931, c.177, s.2; Acts 1935, c.278, s.2. As amended by P.L.8-1993, SEC.348.

IC 24-4-4-3 Sign on delivery vehicle

Sec. 3. Upon both sides of delivery vehicles shall be displayed a sign with letters not less than three (3) inches in height showing name of person, firm, limited liability company, or corporation delivering or attempting to deliver commodities as prescribed in section 1 of this chapter.

Formerly: Acts 1931, c.177, s.3. As amended by P.L.152-1986, SEC.53; P.L.8-1993, SEC.349.

IC 24-4-4-4 Division of weights and measures; delivery tickets

Sec. 4. Upon the demand of the division of weights and measures, a deputy of the division inspector, or any peace officer, the person or persons in charge of any such load of commodities shall deliver to such officer all delivery tickets in the person's possession, and shall proceed, at the direction of the officer to a suitable tested scale for the purpose of reweighing such load of commodities to verify the correctness of the delivery ticket.

Formerly: Acts 1931, c.177, s.4; Acts 1935, c.278, s.3. As amended by P.L.2-1992, SEC.748.

IC 24-4-4-5 Violations

Sec. 5. A person who recklessly violates this chapter commits a Class B misdemeanor.

Formerly: Acts 1931, c.177, s.5; Acts 1935, c.278, s.4. As amended by Acts 1978, P.L.2, SEC.2412.

IC 24-4-4-6 Regulation by ordinance

Sec. 6. Nothing in this chapter shall prohibit any city from regulating by ordinance the retail or wholesale delivery of coal.

Formerly: Acts 1931, c.177, s.6. As amended by P.L.152-1986, SEC.54.

IC 24-4-4-7 Advertising coal and coke

Sec. 7. It shall be unlawful for any person, firm, limited liability company, or corporation, by himself or itself, or by his or its agent or servant, or as agent or servant of another, to advertise by any false statement, either oral or written, or to publish or display any false sign, printing, or writing concerning the grade, size, quality, vein or seam, brand or trade name, name of mine in which produced, or origin of such coal or coke sold or delivered, or offered by him, it, or them for sale or delivery. For the purpose of this chapter, the term "size" where used in reference to coal shall be construed to mean the various grades into which coal is screened, namely, lump, block, egg, nut, and screenings, and the size of all such grades of coal must be designated according to the openings in the screens over and through which each such size of coal is made at the place of production. Abbreviations or words, terms, or phrases describing the size, preparation, or origin of coal or coke shall not be included in any advertisement as mentioned in this chapter. Any person, firm, limited liability company, or corporation violating any of the provisions of this section shall be subject to the provisions of section 5 of this chapter.

Formerly: Acts 1931, c.177, s.7; Acts 1933, c.265, s.1; Acts 1935, c.278, s.5. As amended by P.L.152-1986, SEC.55; P.L.8-1993, SEC.350.

Ch. 5 Cloth Product Trademarks

IC 24-4-5-1 Trademarks; registration; fees

Sec. 1. (a) A person, a firm, a limited liability company, a corporation, or an association who supplies by rental or lease a circulating product that is the property of the supplier may adopt and use a name or other mark or device woven, impressed, or produced on the circulating product to indicate ownership and registration as described by this chapter.

(b) The owner of a delivery container may adopt and use an identifying mark or device for affixing or stamping on a delivery container to indicate ownership and registration as described in this chapter.

(c) A supplier of a circulating product and an owner of a delivery container may file in the office of the secretary of state and also in the office of the county recorder of the county in which the principal place of business of the supplier or owner is located or if the principal place of business is located outside Indiana then in the office of the county recorder of any county of the state in which it does business, a description of the names, marks, or devices used to indicate ownership, and cause such description to be printed once a week for three (3) successive weeks in a newspaper published in the county in which such description is filed. The registrant shall pay the secretary of state three dollars ($3) for each registration and the county recorder, the amount provided by law for recordation.

Formerly: Acts 1971, P.L.365, SEC.1. As amended by P.L.114-1992, SEC.1; P.L.8-1993, SEC.351.

IC 24-4-5-1.1 "Circulating product"

Sec. 1.1. As used in this chapter, "circulating product" includes:

(1) clean laundered towels;

(2) industrial wiping towels;

(3) sheets, pillowcases, napkins, tablecloths, and linen;

(4) coats, aprons, shirts, and diapers;

(5) garments serviced by linen and towel supply companies;

(6) garments serviced by industrial garment and towel supply companies;

(7) articles of dust control;

(8) toilet devices;

(9) towel dispensing cabinets; and

(10) bags, carts, baskets, or other receptacles used as packages or containers;

loaned or circulated as part of a regular service for the periodic exchange of clean articles for soiled articles.

As added by P.L.114-1992, SEC.2.

IC 24-4-5-1.2 "Delivery container"

Sec. 1.2. As used in this chapter, "delivery container" means a permanent container used by:

(1) a bakery, dairy, distributor, retailer, or food service establishment; or

(2) an agent of a bakery, dairy, distributor, retailer, or food service establishment;

to transport, store, or carry bakery or dairy products.

As added by P.L.114-1992, SEC.3.

IC 24-4-5-1.3 "Registrant"

Sec. 1.3. As used in this chapter, "registrant" means a supplier of a circulating product or the owner of a delivery container who has filed under section 1 of this chapter a description of a name, mark, or device used to indicate the ownership of the circulating product or delivery container.

As added by P.L.114-1992, SEC.4.

IC 24-4-5-2 Trademarks; unlawful sale or purchase; concealment or removal

Sec. 2. (a) This section does not apply to a registrant or person who has purchased from a registrant a circulating product or delivery container bearing a mark or device registered under this chapter.

(b) It is unlawful for any person, firm, limited liability company, corporation, or association, except the owner or registrant of a brand registered as provided in this chapter, to:

(1) sell, buy, rent, launder or clean, give, take, or otherwise traffic in;

(2) erase, obliterate or otherwise cover up, conceal, or remove a name, mark, or device registered under this chapter; or

(3) fill or refill;

without the written consent of the registrant, any circulating product or delivery container that is marked with or by any name, mark, or device, a description of which is filed and published as provided in section 1 of this chapter.

Formerly: Acts 1971, P.L.365, SEC.1. As amended by P.L.114-1992, SEC.5; P.L.8-1993, SEC.352.

IC 24-4-5-3 Trademarks; purchase; reregistration

Sec. 3. Any:

(1) person, firm, limited liability company, corporation, or association; or

(2) agent of a person, a firm, a limited liability company, a corporation, or an association;

who acquires by purchase or other lawful means a circulating product or delivery container marked under section 1 of this chapter and who has the written consent under section 2 of this chapter is not required to refile and republish the description, but, as to the supplies described in the written consent, acquires as a part of the purchase all rights and benefits the vendor has under this chapter.

Formerly: Acts 1971, P.L.365, SEC.1. As amended by P.L.114-1992, SEC.6; P.L.8-1993, SEC.353.

IC 24-4-5-4 Trademarks; possession of goods; notice to owner

Sec. 4. (a) Any person, firm, limited liability company, corporation, or association who finds or receives in any manner a circulating product or delivery container marked with a brand registered under this chapter shall make a reasonable effort to find the owner of the circulating product or delivery container and restore the property to the owner.

(b) Any person, firm, limited liability company, corporation, or association who finds or receives a circulating product or delivery container may notify the owner by regular United States mail, which is sufficient to comply with the requirement to restore the property to the owner, and the owner has the burden of picking up the property at the location set forth in the letter.

Formerly: Acts 1971, P.L.365, SEC.1. As amended by P.L.152-1986, SEC.56; P.L.114-1992, SEC.7; P.L.8-1993, SEC.354.

IC 24-4-5-5 Trademarks; deposits for safekeeping not constituting sale

Sec. 5. Acceptance of money by a registrant as a deposit to secure safekeeping and return of a circulating product or delivery container does not constitute a sale of the property, either optional or otherwise, in any proceeding under this chapter.

Formerly: Acts 1971, P.L.365, SEC.1. As amended by P.L.114-1992, SEC.8.

IC 24-4-5-6 Trademarks; use of circulating product or delivery container without consent; prima facie evidence

Sec. 6. (a) This section does not apply to a person who possesses a circulating product or delivery container in good faith in the ordinary course of business.

(b) Evidence of possession of a circulating product or delivery container marked under section 1 of this chapter by a person other than the registrant whose name, mark, or device is on the circulating product or delivery container without the written consent of the registrant of the name, mark, or device constitutes prima facie evidence of unlawful use of or traffic in the circulating product or delivery container.

Formerly: Acts 1971, P.L.365, SEC.1. As amended by P.L.114-1992, SEC.9.

IC 24-4-5-7 Violations; infraction; civil actions

Sec. 7. A person who violates this chapter commits a Class B infraction.

If a person suffers a pecuniary loss as a result of a violation of IC 24-4-5, the person may bring a civil action against the person who caused the loss for the following:

(1) Actual damages.

(2) The costs of the action.

(3) A reasonable attorney's fee.

Formerly: Acts 1971, P.L.365, SEC.1. As amended by Acts 1978, P.L.2, SEC.2413; P.L.114-1992, SEC.10.

IC 24-4-5-8 Common law rights protected

Sec. 8. Nothing in this chapter affects the rights or enforcement of rights acquired under IC 24-2-1 or the rights or the enforcement of rights in trademarks acquired in good faith at any time at common law.

Formerly: Acts 1971, P.L.365, SEC.1. As amended by P.L.114-1992, SEC.11.

Ch. 6 Motor Vehicle Transactions

IC 24-4-6-1 Sunday transactions prohibited

Sec. 1. (a) This section does not apply to the following:

(1) A person that holds a special event permit issued under IC 9-32-11-18.

(2) The buying, selling, or trading of a motor vehicle that is a motorcycle (as defined in IC 9-13-2-108).

(b) A person who engages in the business of buying, selling, or trading motor vehicles on Sunday commits a Class B misdemeanor.

As added by Acts 1977, P.L.26, SEC.11. Amended by P.L.156-2006, SEC.24; P.L.89-2012, SEC.1; P.L.92-2013, SEC.81.

IC 24-4-6-2 Towing disabled motor vehicles; wrecker door identification

Sec. 2. (a) For the purpose of this section, "wrecker" means a motor vehicle with an apparatus capable of lifting one (1) or more axles of a towed vehicle off the ground for the purpose of transportation.

(b) A person who engages in the business of towing disabled motor vehicles with a wrecker shall identify each wrecker used in the business by painting or permanently affixing identification on both of the wrecker's doors:

(1) the name of the business; and

(2) the name of the city where the wrecker is domiciled;

in a form that may easily be read by a law enforcement officer.

(c) A person who engages in the business of towing disabled motor vehicles who fails to comply with this section commits a Class C infraction.

As added by P.L.133-1984, SEC.1.

Ch. 7 Contracts With Wholesale Sales Representatives

IC 24-4-7-0.1 Application of certain amendments to chapter

Sec. 0.1. The addition of this chapter by P.L.238-1985 does not apply to contracts formed before September 1, 1985.

As added by P.L.220-2011, SEC.387.

IC 24-4-7-1 "Commission"

Sec. 1. As used in this chapter, "commission" means compensation that accrues to a sales representative, for payment by a principal, at a rate expressed as a percentage of the dollar amount of orders taken or sales made by the sales representative.

As added by P.L.238-1985, SEC.1.

IC 24-4-7-2 "Person"

Sec. 2. As used in this chapter, "person" means an individual, corporation, limited liability company, partnership, unincorporated association, estate, or trust.

As added by P.L.238-1985, SEC.1. Amended by P.L.8-1993, SEC.355.

IC 24-4-7-3 "Principal"

Sec. 3. As used in this chapter, "principal" means a person who:

(1) manufactures, produces, imports, sells, or distributes a product for wholesale;

(2) contracts with a sales representative to solicit wholesale orders for the product; and

(3) compensates the sales representative, in whole or in part, by commission.

As added by P.L.238-1985, SEC.1.

IC 24-4-7-4 "Sales representative"

Sec. 4. As used in this chapter, "sales representative" means a person who:

(1) contracts with a principal to solicit wholesale orders in Indiana; and

(2) is compensated, in whole or in part, by commission.

The term does not include a person who places orders or purchases on the person's own account for resale.

As added by P.L.238-1985, SEC.1.

IC 24-4-7-5 Termination of contract; payment of commissions accrued; failure to comply; attorney's fees and costs

Sec. 5. (a) If a contract between a sales representative and a principal is terminated, the principal shall, within fourteen (14) days after payment would have been due under the contract if the contract had not been terminated, pay to the sales representative all commissions accrued under the contract.

(b) A principal who in bad faith fails to comply with subsection (a) shall be liable, in a civil action brought by the sales representative, for exemplary damages in an amount no more than three (3) times the sum of the commissions owed to the sales representative.

(c) In a civil action under subsection (b), a principal against whom exemplary damages are awarded shall pay the sales representative's reasonable attorney's fees and court costs. However, if judgment is entered for the principal and the court determines that the action was brought on frivolous grounds, the court shall award reasonable attorney's fees and court costs to the principal.

As added by P.L.238-1985, SEC.1.

IC 24-4-7-6 Doing business in Indiana

Sec. 6. For purposes of Indiana trial rule 4.4, a principal who contracts with a sales representative to solicit wholesale orders for a product in Indiana is doing business in Indiana.

As added by P.L.238-1985, SEC.1.

IC 24-4-7-7 Commission; revocable offer; entitlement

Sec. 7. (a) If a principal makes a revocable offer of a commission to a sales representative who is not an employee of the principal, the sales representative is entitled to the commission agreed upon if:

(1) the principal revokes the offer of commission and the sales representative establishes that the revocation was for a purpose of avoiding payment of the commission;

(2) the revocation occurs after the sales representative has obtained a written order for the principal's product because of the efforts of the sales representative; and

(3) the principal's product that is the subject of the order is shipped to and paid for by a customer.

(b) This section may not be construed:

(1) to impair the application of IC 32-21-1 (statute of frauds);

(2) to abrogate any rule of agency law; or

(3) to unconstitutionally impair the obligations of contracts.

As added by P.L.138-1990, SEC.1. Amended by P.L.1-1993, SEC.193; P.L.2-2002, SEC.76.

IC 24-4-7-8 Waiver of provision in chapter

Sec. 8. A provision in a contract between a sales representative and a principal that waives a provision of this chapter by:

(1) an express waiver; or

(2) a contract subject to the laws of another state;

is void.

As added by P.L.138-1990, SEC.2.

Ch. 8 Prohibition on Direct Molding Process

IC 24-4-8-1 "Direct molding process" defined

Sec. 1. As used in this chapter, "direct molding process" means any process by which a manufactured watercraft or its component part is used as a plug for the making of a mold from which a duplicate of the watercraft or component is made.

As added by P.L.250-1987, SEC.1.

IC 24-4-8-2 "Mold" defined

Sec. 2. As used in this chapter, "mold" means any pattern, hollow form, matrix, or other device for giving shape or form to material in a plastic or molten state.

As added by P.L.250-1987, SEC.1.

IC 24-4-8-3 "Plug" defined

Sec. 3. As used in this chapter, "plug" means a manufactured item used to make a mold.

As added by P.L.250-1987, SEC.1.

IC 24-4-8-4 "Watercraft" defined

Sec. 4. As used in this chapter, "watercraft" means any instrumentality or device in or by means of which a person may be transported upon waters and includes a motorboat, sailboat, rowboat, skiff, dinghy, or canoe of whatever length or size.

As added by P.L.250-1987, SEC.1.

IC 24-4-8-5 Acts prohibited

Sec. 5. (a) A person may not manufacture, by use of a direct molding process, a watercraft or its component part manufactured by another person without permission of that other person.

(b) A person may not sell a watercraft or its component part manufactured in violation of subsection (a).

As added by P.L.250-1987, SEC.1.

IC 24-4-8-6 Civil action for injunctive relief or damages

Sec. 6. (a) A person injured by a violation of section 5 of this chapter may bring a civil action for:

(1) injunctive relief;

(2) actual damages caused by the violation;

(3) treble damages; and

(4) costs and reasonable attorney's fees.

(b) Injunctive relief may be granted for a violation of section 5 of this chapter regardless of the failure of the plaintiff to show irreparable injury.

As added by P.L.250-1987, SEC.1.

IC 24-4-8-7 Application of chapter

Sec. 7. This chapter applies to products duplicated using a mold made after August 31, 1987.

As added by P.L.250-1987, SEC.1.

Ch. 9 Motor Vehicle Rental Companies

IC 24-4-9-0.1 Application of chapter to certain rental agreements

Sec. 0.1. The addition of this chapter by P.L.232-1989 does not apply to rental agreements entered into before July 1, 1989.

As added by P.L.220-2011, SEC.388.

IC 24-4-9-1 "Authorized driver"

Sec. 1. As used in this chapter, with respect to a vehicle that is the subject of a rental agreement, "authorized driver" means:

(1) the renter of the vehicle;

(2) the spouse of the renter, if the spouse:

(A) is a licensed driver; and

(B) satisfies the rental company's minimum age requirement for authorized drivers;

(3) an employer or coworker of the renter, if the employer or coworker:

(A) is engaged in a business activity with the renter;

(B) is a licensed driver; and

(C) satisfies the rental company's minimum age requirement for authorized drivers;

(4) a person who operates the vehicle:

(A) while parking the vehicle at a commercial establishment; or

(B) in an emergency; or

(5) a person expressly identified as an authorized driver in the rental agreement.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-2 "Damage waiver"; "waiver"

Sec. 2. As used in this chapter, "damage waiver" or "waiver" means any contract or contract provision, whether separate from or a part of a rental agreement, under which a rental company agrees to waive all claims against the renter for any physical or mechanical damage or other loss or liability, as described in section 13 of this chapter, to or in connection with the rented vehicle during the term of the rental agreement.

As added by P.L.232-1989, SEC.1. Amended by P.L.19-2005, SEC.1; P.L.176-2018, SEC.1.

IC 24-4-9-3 "Damage"

Sec. 3. As used in this chapter, "damage" means physical damage or loss to a vehicle, including loss of use of the vehicle and the cost and expenses incident to any damage or loss.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-4 "Person"

Sec. 4. As used in this chapter, "person" means an individual, a firm, a partnership, limited liability company, an association, a joint stock company, a corporation, a trust, an estate, or any combination of individuals.

As added by P.L.232-1989, SEC.1. Amended by P.L.8-1993, SEC.356.

IC 24-4-9-5 "Rental agreement"

Sec. 5. As used in this chapter, "rental agreement" means a written contract:

(1) that authorizes a renter to use a vehicle made available by a rental company for a period of thirty (30) days or less;

(2) under which a charge for use of the vehicle is made at a periodic rate; and

(3) under which title to the vehicle is not transferred to the renter.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-6 "Renter"

Sec. 6. As used in this chapter, "renter" means a person who obtains the use of a vehicle from a rental company under a rental agreement.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-7 "Rental company"

Sec. 7. As used in this chapter, "rental company" means any person engaged in the business of regularly making available, or arranging for another person to use, a vehicle under a rental agreement.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-8 "Vehicle"

Sec. 8. As used in this chapter, "vehicle" means a private passenger motor vehicle primarily designed for transporting passengers. The term includes passenger vans and minivans that are primarily designed for transporting passengers.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-8.5 "Vehicle license cost recovery fee"

Sec. 8.5. As used in this chapter, "vehicle license cost recovery fee" means a charge imposed by a rental company to recover costs incurred by the rental company in licensing, titling, registering, plating, and inspecting a vehicle.

As added by P.L.198-2016, SEC.653.

IC 24-4-9-9 Rental agreement application of damage waivers

Sec. 9. A rental company may provide in a rental agreement that a damage waiver does not apply under any of the following circumstances:

(1) The damage is caused by the authorized driver:

(A) intentionally; or

(B) through willful or wanton misconduct.

(2) The damage arises out of the authorized driver's operation of the vehicle while intoxicated or under the influence of an illegal drug.

(3) The damage is caused while the authorized driver is engaged in a speed contest, race, road rally, test, or driver training activity.

(4) The renter provided the rental company with fraudulent or false information and the rental company would not have rented the vehicle if the rental company had received true information.

(5) The damage arises out of vandalism or theft of the rented vehicle caused by the negligence of the authorized driver, except that the possession by the authorized driver, at the time of the vandalism or theft, of the ignition key furnished by the rental company shall be prima facie evidence that the authorized driver was not negligent.

(6) The damage arises out of the use of the vehicle in connection with conduct that could be properly charged as a felony.

(7) The damage arises out of the use of the vehicle to carry persons or property for hire or to tow or push anything.

(8) The damage arises out of the use of the vehicle outside the United States, unless the use is specifically authorized by the rental agreement.

(9) The damage arises out of the use of the vehicle by an unauthorized driver.

As added by P.L.232-1989, SEC.1. Amended by P.L.19-2005, SEC.2.

IC 24-4-9-10 Sale of damage waivers; disclosures; acknowledgment by renter

Sec. 10. (a) A rental company may offer and sell, for a separate charge, a damage waiver that is set forth in the rental agreement and that relieves an authorized driver of any liability for damage that the authorized driver might otherwise incur.

(b) Each rental agreement that contains a damage waiver must disclose the following information in plain language printed in type at least as large as 10 point type:

(1) That the waiver is optional.

(2) That the waiver entails an additional charge.

(3) The actual charge per day for the waiver.

(4) All restrictions, conditions, and provisions in or endorsed on the waiver.

(5) That the renter or other authorized driver may already be sufficiently covered for damage to the rental vehicle and should examine the renter's or authorized driver's automobile insurance policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented vehicle, and the amount of the deductible.

(6) That by entering into the rental agreement, the renter may be liable for damage, loss, or loss of use to the rental vehicle.

(c) A rental company may not rent a vehicle to a renter until the renter has acknowledged in writing that the renter understands the information set forth in subsection (b). The acknowledgment must be written in plain language on the rental agreement and must be initialed by the renter.

As added by P.L.232-1989, SEC.1. Amended by P.L.19-2005, SEC.3.

IC 24-4-9-11 Repealed

As added by P.L.232-1989, SEC.1. Repealed by P.L.171-1997, SEC.2.

IC 24-4-9-11.1 Vehicle license cost recovery fee; estimates; adjustment

Sec. 11.1. (a) A rental company may include in a rental agreement separately stated surcharges, fees, and charges, including vehicle license cost recovery fees, airport access fees, airport concession fees, and any applicable taxes.

(b) A vehicle license cost recovery fee that is included as a separately stated fee in a rental agreement must represent the rental company's good faith estimate of the rental company's daily charge necessary to recover the rental company's actual total annual vehicle licensing, titling, registration, plating, and inspection costs.

(c) If a rental company collects, in a calendar year, vehicle license cost recovery fees in an amount that exceeds the rental company's actual total vehicle licensing, titling, registration, plating, and inspection costs for the calendar year, the rental company shall do the following:

(1) Retain the excess amount.

(2) Reduce the vehicle license cost recovery fee for the following year by a corresponding, proportionate amount.

(d) This section may not be construed to prevent a rental company from adjusting its vehicle license cost recovery fee during a calendar year.

As added by P.L.198-2016, SEC.654.

IC 24-4-9-12 Rental company's action for damages

Sec. 12. A rental company may bring an action to recover for damage based on a rental agreement. If the action is against a renter who is a resident of Indiana, the action shall be filed in the county of the renter's primary residence.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-13 Limitation of renter's liability generally

Sec. 13. A rental company and renter may agree that the renter will be responsible for no more than all of the following:

(1) Physical damage to the rented vehicle up to its fair market value regardless of the cause of damage.

(2) Mechanical damage to the rental vehicle, up to and including the rental vehicle's fair market value, resulting from:

(A) a collision;

(B) an impact; or

(C) another incident that is caused by the renter's or authorized driver's deliberate act.

(3) Loss due to theft of the rental vehicle up to its fair market value.

(4) Physical damage to the rented vehicle up to its fair market value resulting from vandalism occurring after, or in connection with, the theft of the rented vehicle.

(5) Physical damage to the rented vehicle and loss of use of the rented vehicle up to its fair market value resulting from vandalism unrelated to the theft of the rented vehicle.

(6) Loss of use of the rented vehicle, if the renter is liable for damage.

(7) Actual charges for towing, storage, and impoundment fees paid by the rental company, if the renter is liable for damage.

(8) Reasonable attorney's fees related to the enforcement of the rental agreement.

(9) An administrative charge.

(10) The cost of appraisal and all other costs and expenses incident to the damage, loss, loss of use, repair, or replacement of the rented vehicle.

However, a damage waiver sold by the rental company must cover all damage, loss, and liability described in this section, less any deductible included in the waiver.

As added by P.L.232-1989, SEC.1. Amended by P.L.70-2003, SEC.1; P.L.19-2005, SEC.4; P.L.126-2015, SEC.1; P.L.176-2018, SEC.2.

IC 24-4-9-14 Damage to rented vehicle; rental company's loss of use of damaged vehicle; administrative charges

Sec. 14. (a) The total amount of the renter's liability to the rental company resulting from damage to the rented vehicle may not exceed the sum of the following:

(1) The estimated cost of replacement parts that the rental company would have to pay to replace damaged vehicle parts, less all discounts and price reductions or adjustments that will be received by the rental company.

(2) The estimated cost of labor to replace damaged vehicle parts, which may not exceed the product of:

(A) the rate for labor usually paid by the rental company to replace vehicle parts of the type that were damaged; and

(B) the estimated time for replacement;

less all discounts and price reductions or adjustments that will be received by the rental company.

(3) The estimated cost of labor to repair damaged vehicle parts, which may not exceed the lesser of the following:

(A) The product of the rate for labor usually paid by the rental company to repair vehicle parts of the type that were damaged and the estimated time for repair.

(B) The sum of the estimated labor and parts costs determined under subdivisions (1) and (2) to replace the same vehicle parts.

All discounts and price reductions or adjustments that will be received by the rental company must be taken into account in determining the figure under this subdivision.

(4) Except as otherwise provided for, the loss of the use of the rented vehicle, which may not exceed the product of:

(A) the rental rate stated in the rental agreement for the particular vehicle rented, excluding optional charges; and

(B) the total of the estimated time for replacement and estimated time for repair.

(5) Actual charges for towing, storage, and impound fees paid by the rental company.

(b) Under any circumstances described in this chapter, liability for the rental company's loss of use of the rented vehicle may not exceed the product of:

(1) the rental rate stated in the rental agreement for the particular vehicle rented, excluding all optional charges; and

(2) eighty percent (80%) of the period from the date of the accident to the date the vehicle is ready to be returned to rental service.

However, a renter is not liable to a rental company for the loss of use of a damaged vehicle unless the rental company uses its best efforts to effect repairs and return the vehicle to rental service.

(c) The administrative charge described in section 13(9) of this chapter may not exceed:

(1) fifty dollars ($50) if the total estimated cost for parts and labor is less than five hundred dollars ($500);

(2) one hundred dollars ($100) if the total estimated cost for parts and labor is at least five hundred dollars ($500) and less than one thousand five hundred dollars ($1,500); or

(3) one hundred fifty dollars ($150) if the total estimated cost for parts and labor is at least one thousand five hundred dollars ($1,500).

As added by P.L.232-1989, SEC.1. Amended by P.L.70-2003, SEC.2; P.L.109-2015, SEC.44; P.L.126-2015, SEC.2.

IC 24-4-9-15 Renter's maximum total liability; multiple recovery of single item of damages

Sec. 15. (a) The total amount of the liability of the renter or other authorized driver to the rental company for damage occurring during the rental period may not exceed the amount of the renter's liability under section 14 of this chapter.

(b) A rental company may not recover from the renter or other authorized driver an amount exceeding the renter's liability under section 14 of this chapter.

(c) A rental company may not recover from the renter or other authorized driver for any item described in section 13 of this chapter to the extent that the rental company obtains recovery for that item from another person.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-16 Damage deposits or advances; payment for damage; liability

Sec. 16. (a) A rental company may not require a deposit or advance charge against the credit card of a renter, in any form, for damage to a rental vehicle that is in the care, custody, or control of the renter or other authorized driver.

(b) If a renter's insurance deductible cannot be ascertained, a rental company may:

(1) at the time that care, custody, or control of a rental vehicle is restored to the rental company; and

(2) in an amount that may not exceed five hundred dollars ($500);

require payment by the renter for damage to the rental vehicle.

(c) If a renter's insurance deductible can be ascertained, the rental company may charge the renter an amount that may not exceed the renter's insurance deductible for damage to the rental vehicle.

(d) After the cost of the damage and liability for the damage described in subsections (b) and (c) is agreed to between the rental company and renter or is determined under law, the rental company:

(1) may require payment by the renter of any cost of the damage that exceeds the amount paid by the renter; and

(2) shall refund to the renter any overpayment received from the renter;

under subsection (b) or (c).

As added by P.L.232-1989, SEC.1. Amended by P.L.126-2015, SEC.3.

IC 24-4-9-17 Rental rates, mileage charges, and fees; disclosures and prohibited practices

Sec. 17. A rental company of a vehicle:

(1) may not offer, display, quote, or advertise and charge in a rental agreement a periodic rate that does not include the entire amount to be charged, except for taxes, airport fees, and mileage, if any, that a renter must pay to rent the vehicle for the period of time to which the rate applies;

(2) shall clearly and conspicuously disclose in any visual or oral advertisement or quotation transmitting computer system in which the rental company presents its rate, the terms of any mileage conditions relating to the advertised or quoted rate, including but not limited to, to the extent applicable, the amount of mileage, the number of miles for which no charges will be imposed, and a description of geographic driving limitations within the United States;

(3) may not charge, in addition to the rental rate, taxes, airport fees, and mileage charge, if any, any fee that must be paid by the renter as a condition of renting the vehicle, such as, but not limited to, required fuel surcharges, or any fee for transporting the renter to the location where the rented vehicle will be delivered to the renter; and

(4) shall separately disclose, charge, and remit to an airport any fee that is charged to the customer and is required to be fully remitted to an airport's management entity, and such fee shall be considered part of and included in the definition of gross concession revenue reported to the airport’s management authority.

As added by P.L.232-1989, SEC.1. Amended by P.L.57-1999, SEC.1.

IC 24-4-9-18 Additional charges for optional items

Sec. 18. Notwithstanding section 17(3) of this chapter, a rental company may charge for the rental of a vehicle, in addition to the rental rate, taxes, airport fees, and any mileage charge, an additional charge for an item or service provided during the rental of the vehicle if the renter can avoid incurring that additional charge by choosing not to obtain the item or utilize the service. Items and services for which the rental company may impose an additional charge under this section include the following:

(1) Optional insurance or accessories requested by the renter.

(2) Service charges assessed when the insured returns the vehicle to a location other than the location where the vehicle was rented.

(3) A charge for refueling a vehicle that is returned with less fuel in its tank than when the rental period began.

(4) A damage waiver that conforms to the provisions of this chapter.

As added by P.L.232-1989, SEC.1. Amended by P.L.57-1999, SEC.2; P.L.19-2005, SEC.5.

IC 24-4-9-19 Nonconforming rental agreements unenforceable

Sec. 19. A rental agreement entered into in Indiana is unenforceable if the agreement does not conform to this chapter.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-20 Renter's action for damages or equitable relief; attorney's fees

Sec. 20. A renter may bring an action against a rental company for recovery of damages and appropriate equitable relief for a violation of this chapter. The prevailing party may be awarded reasonable attorney's fees.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-21 Waiver of chapter provisions void and unenforceable

Sec. 21. Any waiver of any provision of this chapter is void and unenforceable.

As added by P.L.232-1989, SEC.1.

IC 24-4-9-22 Unfair, deceptive, or coercive acts by rental company

Sec. 22. A rental company may not engage in any unfair, deceptive, or coercive act to induce a renter to purchase a damage waiver or any other optional good or service.

As added by P.L.232-1989, SEC.1. Amended by P.L.19-2005, SEC.6.

IC 24-4-9-23 Statistical reporting by rental companies; administration review of maximum charge for damage waiver

Sec. 23. (a) If a rental company enters into at least one (1) rental agreement containing a damage waiver in Indiana during a calendar year, the rental company shall compile and maintain the following statistics concerning all the rental agreements the rental company enters into in Indiana during that calendar year:

(1) The total expenses incurred by the rental company as a result of damage to vehicles that is caused while the vehicles are subject to the rental agreements.

(2) The total amount of the expenses referred to in subdivision (1) for which the rental company is indemnified.

(3) The total number of vehicles subject to the rental agreements, multiplied by the total number of days of the calendar year during which the vehicles are subject to the rental agreements.

(b) The expenses on which a rental company must compile statistics under subsection (a)(1) are the following:

(1) The cost that the rental company pays to replace damaged vehicle parts, less all discounts and price reductions or adjustments received by the rental company.

(2) The cost of labor paid by the rental company to replace damaged vehicle parts.

(3) The cost of labor paid by the rental company to repair damaged vehicle parts.

(4) The loss of use of the damaged vehicles, which must be determined according to the following formula:

STEP ONE: For each damaged vehicle, multiply the time necessary for the repair and replacement of damaged parts by eighty percent (80%).

STEP TWO: For each damaged vehicle, multiply the product of STEP ONE by the rental rate set forth in the rental agreement to which the vehicle was subject when damaged.

STEP THREE: Total the figures determined under STEP TWO for all of the damaged vehicles.

(5) Actual charges for towing, storage, and impound fees paid by the rental company.

(c) The director of the division of consumer protection appointed under IC 4-6-9-2 may request that rental companies provide the director with statistics compiled and maintained under subsection (a).

(d) Upon receiving a request under subsection (c), a rental company shall provide the director of the division of consumer protection with the statistics that are requested by the director.

As added by P.L.232-1989, SEC.1. Amended by P.L.171-1997, SEC.1; P.L.19-2005, SEC.7.

IC 24-4-9-24 Remedies for rental company violations of chapter provisions

Sec. 24. A rental company who violates any provision of this chapter commits a deceptive act which is actionable under IC 24-5-0.5 and subject to the penalties of IC 24-5-0.5.

As added by P.L.232-1989, SEC.1.

Ch. 9.2 Peer to Peer Vehicle Sharing

IC 24-4-9.2-1 "Delivery period"

Sec. 1. As used in this chapter, "delivery period" means a period during which a shared vehicle is delivered to a location identified in the shared vehicle agreement before the vehicle sharing start time.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-2 "Motor vehicle insurance policy"

Sec. 2. As used in this chapter, "motor vehicle insurance policy" means an insurance policy that provides:

(1) the types of insurance described in Class 2(f) of IC 27-1-5-1; and

(2) coverage in not less than the minimum amounts required by IC 9-25-4-5.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-3 "Peer to peer vehicle sharing"

Sec. 3. As used in this chapter, "peer to peer vehicle sharing" or "P2P vehicle sharing" means the authorized use of a shared vehicle by a person other than the shared vehicle's owner as part of a P2P vehicle sharing program.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-4 "Peer to peer vehicle sharing program"

Sec. 4. As used in this chapter, "peer to peer vehicle sharing program" or "P2P vehicle sharing program" means an online platform operated by an entity under which a shared vehicle owner is connected with a shared vehicle driver to facilitate P2P vehicle sharing. The term does not include the following:

(1) A shared vehicle owner.

(2) A rental company (as defined in IC 24-4-9-7).

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-5 "Person"

Sec. 5. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or another legal entity.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-6 "Shared vehicle"

Sec. 6. As used in this chapter, "shared vehicle" means a vehicle that a shared vehicle owner has made available for P2P vehicle sharing with a shared vehicle driver through a P2P vehicle sharing program. The term does not include a vehicle obtained from a rental company under a rental agreement under IC 24-4-9.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-7 "Shared vehicle driver"

Sec. 7. As used in this chapter, "shared vehicle driver" means a person who:

(1) has entered into a shared vehicle agreement with a P2P vehicle sharing program to drive a shared vehicle; and

(2) is authorized to drive a shared vehicle.

The term does not include a renter (as defined in IC 24-4-9-6).

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-8 "Shared vehicle owner"

Sec. 8. As used in this chapter, "shared vehicle owner" means an individual who makes a shared vehicle available for P2P vehicle sharing with a shared vehicle driver through a P2P vehicle sharing program.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-9 "Start time"

Sec. 9. As used in this chapter, "start time" means the time, as identified in the shared vehicle agreement, when the shared vehicle driver is authorized to use a shared vehicle.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-10 "Termination time"

Sec. 10. As used in this chapter, "termination time" means the earliest of the following events:

(1) The end of the vehicle sharing period identified in the shared vehicle agreement if the shared vehicle is delivered to the location agreed upon in the shared vehicle agreement.

(2) The end of the vehicle sharing period identified in the shared vehicle agreement if the shared vehicle is delivered to an agreed alternative location and the alternative location has been communicated through the P2P vehicle sharing program.

(3) The shared vehicle owner or the shared vehicle owner's designee takes possession and control of the shared vehicle.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-11 "Shared vehicle agreement"

Sec. 11. As used in this chapter, "shared vehicle agreement" means a written contract:

(1) that provides terms and conditions governing the conduct of the shared vehicle owner and shared vehicle driver;

(2) that authorizes a shared vehicle driver to use a shared vehicle under a shared vehicle agreement made available by a shared vehicle owner through a P2P vehicle sharing program for a period of thirty (30) days or less;

(3) under which a charge for use of the shared vehicle is made at a periodic rate; and

(4) under which the title to the shared vehicle is not transferred to the shared vehicle driver.

The term does not include a rental agreement (as defined in IC 24-4-9-5).

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-12 "Vehicle sharing period"

Sec. 12. As used in this chapter, "vehicle sharing period" means a period beginning with:

(1) the delivery period; or

(2) if there is no delivery period, the start time;

and ending with the termination time.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-13 Program requirements

Sec. 13. A P2P vehicle sharing program, for each shared vehicle agreement completed through the P2P shared vehicle program, shall do the following:

(1) Provide the language of the shared vehicle agreement to the shared vehicle owner and shared vehicle driver.

(2) Disclose:

(A) to the shared vehicle driver any:

(i) rates, fees, and costs that are charged under the shared vehicle agreement to the shared vehicle driver; and

(ii) conditions under which the shared vehicle driver is required to maintain primary coverage under a personal motor vehicle insurance policy, including the specific required coverage limits to enter into a shared vehicle agreement; and

(B) to the shared vehicle owner any rates, fees, and costs that are charged under the shared vehicle agreement to the shared vehicle driver.

(3) Provide an emergency telephone number for the shared vehicle driver to use during the vehicle sharing period to contact the person tasked with providing roadside assistance to the shared vehicle driver.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-14 Safety recalls; owner requirements

Sec. 14. (a) When a vehicle owner registers as a shared vehicle owner on a P2P vehicle sharing program, and before a shared vehicle owner makes a shared vehicle available for sharing on the P2P vehicle sharing program, a P2P vehicle sharing program shall:

(1) verify that the shared vehicle does not have any safety recalls appearing on the National Highway Traffic Safety Administration recall data base created under 49 CFR 573.15 for which repairs have not been made; and

(2) notify the shared vehicle owner of the requirements stated under subsection (b).

(b) If the shared vehicle owner has received a safety recall notice required under 49 U.S.C. 30118 through 30120:

(1) for a vehicle not yet available as a shared vehicle on a P2P vehicle sharing program, a shared vehicle owner may not make the vehicle available as a shared vehicle on a P2P vehicle sharing program until the safety recall repair has been made; or

(2) for a vehicle while the vehicle is available for P2P vehicle sharing through the P2P vehicle sharing program, the shared vehicle owner shall, not later than seventy-two (72) hours after the shared vehicle owner receives the safety recall notice, remove the shared vehicle from P2P vehicle sharing until repairs related to the safety recall are finished.

(c) If a shared vehicle owner receives a safety recall notice required under 49 U.S.C. 30118 through 30120 while the vehicle is in possession of a shared vehicle driver, the shared vehicle owner shall, not later than seventy-two (72) hours after the shared vehicle owner receives the safety recall notice, notify the P2P vehicle sharing program and shared vehicle driver about the safety recall.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-15 Motor vehicle insurance policy; requirements; liability; indemnity

Sec. 15. (a) A shared vehicle that is the subject of a shared vehicle agreement must be insured during a vehicle sharing period by a motor vehicle insurance policy that is maintained by any of the following:

(1) The shared vehicle owner.

(2) The shared vehicle driver.

(3) The P2P vehicle sharing program.

(4) Any combination of the persons described in subdivisions (1) through (3).

(b) A motor vehicle insurance policy described in subsection (a) must:

(1) provide coverage in an amount equal to or greater than the minimum amounts required by IC 9-25-4-5; and

(2) be issued by one (1) of the following:

(A) An insurance company granted a certificate of authority to engage in insurance business in Indiana under IC 27-1-3-20.

(B) A surplus lines insurer through a surplus lines producer licensed under IC 27-1-15.8.

(c) A P2P vehicle sharing program must ensure that during each vehicle sharing period the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle insurance policy that:

(1) either:

(A) specifies that the motor vehicle insurance policy provides coverage if the insured vehicle is made available and used in a P2P vehicle sharing program; or

(B) does not exclude coverage if the insured vehicle is used as a shared vehicle; and

(2) provides coverage in an amount equal to or greater than the minimum amounts required under IC 9-25-4-5.

(d) The insurance described in subsection (a) that is satisfying the insurance requirement shall be primary during each vehicle sharing period.

(e) The P2P vehicle sharing program shall assume primary liability for a claim when:

(1) it is in whole or in part providing the insurance required under subsection (a);

(2) a dispute exists as to who was in control of the shared motor vehicle at the time of the loss; and

(3) the P2P vehicle sharing program does not have available, did not retain, or fails to provide the information required by section 17 of this chapter.

(f) The shared vehicle's insurer shall indemnify the P2P vehicle sharing program to the extent of its obligation, if any, under the applicable insurance policy, if it is determined the shared vehicle's owner was in control of the shared vehicle at the time of the loss.

(g) If insurance maintained by a shared vehicle owner or shared vehicle driver in subsection (a) has lapsed or does not provide the required coverage, insurance maintained by a P2P vehicle sharing program shall provide the coverage required by subsection (c) beginning with the first dollar of a claim and have the duty to defend such claim.

(h) Coverage under a motor vehicle insurance policy maintained by the P2P vehicle sharing program does not depend on whether a personal motor vehicle insurer first denies a claim and does not require a personal motor vehicle insurer to first deny a claim.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-16 Insurable interest; maintenance of liability; assumption of liability; limitations

Sec. 16. (a) During a vehicle sharing period, the P2P vehicle sharing program has an insurable interest in the shared vehicle.

(b) A P2P vehicle sharing program may maintain, as the named insured, one (1) or more motor vehicle insurance policies that provide coverage in an amount equal to or greater than the minimum amounts required by IC 9-25-4-5, including coverage for the following:

(1) Liability assumed by the P2P vehicle sharing program under a shared vehicle agreement.

(2) Liability of a shared vehicle owner.

(3) Liability of a shared vehicle driver.

(4) Damage or loss to a shared vehicle.

(c) Nothing in this section creates a liability on a P2P vehicle sharing program to maintain the coverage mandated under section 15 of this chapter.

(d) A P2P vehicle sharing program shall assume liability, except as provided in subsection (e), of a shared vehicle owner for any:

(1) bodily injury or property damage to third parties;

(2) uninsured and underinsured motorist losses; and

(3) personal injuries;

during the vehicle sharing period in an amount that is at least equal to the amount required by IC 9-25-4-5 and is specified in the shared vehicle agreement.

(e) The assumption of liability in subsection (d) does not apply if:

(1) the shared vehicle owner made an intentional or fraudulent material misrepresentation to the P2P vehicle sharing program before the vehicle sharing period in which the loss occurred; or

(2) acting jointly with the shared vehicle owner, the shared vehicle driver fails to return the shared vehicle under the terms of the shared vehicle agreement.

(f) Notwithstanding the definition of "termination time" under section 10 of this chapter, the assumption of liability under subsection (d) would apply to:

(1) bodily injury or property damage to third parties;

(2) uninsured and underinsured motorist losses; and

(3) personal injuries;

in an amount required by IC 9-25-4-5.

(g) This chapter does not:

(1) limit the liability of a P2P vehicle sharing program for any act or omission of the P2P vehicle sharing program itself that results in injury to any person as a result of the use of a shared vehicle through the P2P vehicle sharing program; or

(2) limit the ability of the P2P vehicle sharing program to seek indemnification by contract from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the P2P vehicle sharing program that results from a breach of the terms and conditions of the shared vehicle agreement.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-17 Exemptions; vicarious liability; insurance claim investigation; records

Sec. 17. (a) A P2P vehicle sharing program and a shared vehicle owner are exempt from vicarious liability:

(1) as if the P2P vehicle sharing program were a vehicle rental or leasing business, in accordance with 49 U.S.C. 30106; and

(2) under any state or local law that imposes liability based solely on vehicle ownership.

(b) In an insurance claim investigation concerning a vehicle accident, a P2P vehicle sharing program shall cooperate in exchanging information between directly involved parties to the accident and the insurer of a shared vehicle owner concerning the shared vehicle's use in the P2P vehicle sharing program. This subsection does not make the P2P vehicle sharing program subject to civil or criminal liability.

(c) Records described in this section must be retained for a period of two (2) years.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-18 Notification; lien

Sec. 18. When a vehicle owner registers as a shared vehicle owner on a P2P vehicle sharing program and before a shared vehicle owner makes a shared vehicle available for sharing on the P2P vehicle sharing program, a P2P vehicle sharing program shall notify the shared vehicle owner that if the shared vehicle has a lien against it, the use of the shared vehicle through a P2P vehicle sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.

As added by P.L.253-2019, SEC.3.

IC 24-4-9.2-19 Regulation by ordinances, resolutions, policy, or rule regulating peer to peer sharing prohibited; airport or aviation exception

Sec. 19. (a) Except as otherwise provided in subsection (b), a county, a municipality, or another political subdivision (as defined in IC 36-1-2-13) of the state may not enact or enforce an ordinance, resolution, policy, or rule to regulate P2P vehicle sharing.

(b) A board of an airport authority or a board of aviation commissioners may enact or enforce an ordinance, resolution, policy, or rule to regulate P2P vehicle sharing.

As added by P.L.253-2019, SEC.3.

Ch. 10 Unlawful Use of Sound and Video Recordings

IC 24-4-10-1 "Manufacturer" defined

Sec. 1. As used in this chapter, "manufacturer" means a person who manufactures a recording. The term does not include a person who manufactures a medium upon which sounds or visual images can be recorded or stored.

As added by P.L.180-1991, SEC.1.

IC 24-4-10-2 "Person" defined

Sec. 2. As used in this chapter, "person" means an individual, partnership, limited liability company, corporation, association, or any other legal entity.

As added by P.L.180-1991, SEC.1. Amended by P.L.8-1993, SEC.357.

IC 24-4-10-3 "Recording" defined

Sec. 3. As used in this chapter, "recording" means a tangible medium upon which sounds or visual images are recorded or stored. The term includes the following:

(1) An original:

(A) phonograph record;

(B) compact disc;

(C) wire;

(D) tape;

(E) audio cassette;

(F) video cassette; or

(G) film.

(2) Any other medium on which sounds or visual images are or can be recorded or otherwise stored.

(3) A copy or reproduction of an item in subdivision (1) or (2) that duplicates an original recording in whole or in part.

As added by P.L.180-1991, SEC.1.

IC 24-4-10-4 Prohibited acts

Sec. 4. A person may not:

(1) sell;

(2) rent;

(3) transport; or

(4) possess;

a recording for commercial gain or personal financial gain if the recording does not conspicuously display the true name and address of the manufacturer of the recording.

As added by P.L.180-1991, SEC.1.

IC 24-4-10-5 Offense

Sec. 5. A person who violates this chapter commits a Class A infraction.

As added by P.L.180-1991, SEC.1.

Ch. 11 Regulation of Industrial Hygienists

IC 24-4-11-1 Application of chapter

Sec. 1. This chapter does not apply to the following:

(1) A person employed as an apprentice under the supervision of an industrial hygienist, an industrial hygienist in training, or a certified industrial hygienist.

(2) A student of industrial hygiene who is engaged in supervised activities related to industrial hygiene.

(3) A person licensed under IC 25 who is engaged in activities permitted under the person's license, if the person does not represent to the public that the person is an industrial hygienist, an industrial hygienist in training, or a certified industrial hygienist.

(4) A person who uses the title industrial hygienist within the scope of the person's employment if, when using the title industrial hygienist, the person:

(A) furnishes services as an industrial hygienist only on behalf of the employer for whom the person works; and

(B) does not furnish or offer to furnish services as an industrial hygienist to any person other than the employer for whom the person works.

(5) An individual practicing within the scope of meaning of industrial hygiene, if the person does not do the following:

(A) Use any of the following titles:

(i) Industrial hygienist.

(ii) Industrial hygienist in training.

(iii) Certified industrial hygienist.

(B) Use any of the following sets of initials:

(i) IH.

(ii) IHIT.

(iii) CIH.

(C) Represent to the public that the person is:

(i) An industrial hygienist.

(ii) An industrial hygienist in training.

(iii) A certified industrial hygienist.

As added by P.L.175-1996, SEC.1.

IC 24-4-11-2 "Accredited college or university" defined

Sec. 2. (a) As used in this chapter, "accredited college or university" refers to a college or university that is accredited by one (1) of the following regional accrediting agencies:

(1) Middle States Association of Colleges and Schools.

(2) New England Association of Colleges and Schools.

(3) North Central Association of Colleges and Schools.

(4) Northwest Association of Colleges and Schools.

(5) Southern Association of Colleges and Schools.

(6) Western Association of Colleges and Schools.

(b) A college or university located outside the United States is considered an accredited college or university if the college or university is accredited within the jurisdiction of the college or university by an accrediting agency having accreditation standards that are at least equal to the accreditation standards of the accrediting agencies listed in subsection (a).

As added by P.L.175-1996, SEC.1.

IC 24-4-11-3 "Board" defined

Sec. 3. As used in this chapter, "board" refers to the American Board of Industrial Hygiene, a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience, and examination requirements.

As added by P.L.175-1996, SEC.1.

IC 24-4-11-4 "Certified industrial hygienist (CIH)" defined

Sec. 4. As used in this chapter, "certified industrial hygienist (CIH)" is a person who has received the designation certified industrial hygienist from the American Board of Industrial Hygiene and whose certification has not lapsed or been revoked.

As added by P.L.175-1996, SEC.1.

IC 24-4-11-5 "Education" defined

Sec. 5. As used in this chapter, "education" means:

(1) a baccalaureate or graduate degree from an accredited college or university in:

(A) industrial hygiene;

(B) biology;

(C) chemistry;

(D) engineering;

(E) physics; or

(F) a closely related physical or biological science; or

(2) a baccalaureate or graduate degree from an accredited college or university that has at least sixty (60) credit hours in undergraduate or graduate level courses (of which at least fifteen (15) credit hours must be in junior or higher level courses) in the following:

(A) Science.

(B) Mathematics.

(C) Engineering.

(D) Technology.

If the degree is heavily comprised of only one (1) of these subject matter areas, the board may accept the degree under this definition only if the applicant has taken additional science courses from an accredited college or university or has completed a related graduate degree from an accredited college or university.

As added by P.L.175-1996, SEC.1.

IC 24-4-11-6 "Experience" defined

Sec. 6. As used in this chapter, "experience" means the completion of professional level work sufficient to provide competence in the following:

(1) The anticipation and recognition of workplace environmental factors and stresses, including chemical, physical, biological, and ergonomic stresses, and the understanding of their effect on people and their well-being.

(2) The evaluation, through observation, sampling, testing, and with the use of quantified measurement techniques, of the magnitude of workplace environmental factors and stresses.

(3) The prescription of methods for prevention, elimination, control, or reduction of environmental factors and stresses and their effects. Methods include the following:

(A) Engineering.

(B) Administrative control.

(C) Personnel protective equipment.

(D) Training.

As added by P.L.175-1996, SEC.1.

IC 24-4-11-7 "Industrial hygiene" defined

Sec. 7. As used in this chapter, "industrial hygiene" means the science and practice of anticipating, recognizing, evaluating, and controlling the environmental factors and stresses arising in or from the workplace that may cause sickness, impaired health and well-being, or significant discomfort among workers and the general community.

As added by P.L.175-1996, SEC.1.

IC 24-4-11-8 "Industrial hygienist (IH)" defined

Sec. 8. As used in this chapter, "industrial hygienist (IH)" means a person who has the education and experience to practice industrial hygiene.

As added by P.L.175-1996, SEC.1.

IC 24-4-11-9 "Industrial hygienist in training (IHIT)" defined

Sec. 9. As used in this chapter, "industrial hygienist in training (IHIT)" means a person who has received the designation industrial hygienist in training from the American Board of Industrial Hygiene and whose certification has not lapsed or been revoked.

As added by P.L.175-1996, SEC.1.

IC 24-4-11-10 Prohibitions against use of title

Sec. 10. (a) A person may not use the title industrial hygienist, use the initials IH, or represent to the public that the person is an industrial hygienist, unless the person is an industrial hygienist as defined in this chapter.

(b) A person may not use the title industrial hygienist in training, use the initials IHIT, or represent to the public that the person is an industrial hygienist in training, unless the person is an industrial hygienist in training as defined in this chapter.

(c) A person may not use the title certified industrial hygienist, use the initials CIH, or represent to the public that the person is a certified industrial hygienist, unless the person is a certified industrial hygienist as defined in this chapter.

(d) A person may not use a title that incorporates the words industrial hygiene or a variation of the words industrial hygiene unless the person meets the requirements of:

(1) an industrial hygienist;

(2) an industrial hygienist in training; or

(3) a certified industrial hygienist;

as defined in this chapter.

As added by P.L.175-1996, SEC.1.

IC 24-4-11-11 Violations

Sec. 11. A person who violates this chapter commits a Class A misdemeanor.

As added by P.L.175-1996, SEC.1.

Ch. 12 Unused Property Market Regulation

IC 24-4-12-1 Chapter exemptions

Sec. 1. This chapter does not apply to the following:

(1) An event organized for the exclusive benefit of:

(A) a community chest;

(B) a fund;

(C) a foundation;

(D) an association; or

(E) a corporation;

organized and operated for religious, educational, or charitable purposes, unless part of an admission fee, a parking fee charged to vendors or prospective purchasers, or the gross receipts or net earnings from the sale or exchange of personal property is shared with a private shareholder or person organizing or conducting the event.

(2) An event where all personal property offered for sale or displayed is new, and all persons selling, exchanging, or offering or displaying personal property for sale or exchange are manufacturers or authorized representatives of manufacturers or distributors.

(3) The sale of a motor vehicle or trailer that is required to be registered or is subject to state motor vehicle registration law.

(4) The sale of wood for fuel, ice, or livestock.

(5) Business conducted in an industry or association trade show.

(6) Property, although never used, whose style, packaging, or material clearly indicates that the property was not produced or manufactured recently.

(7) A person who sells by sample, catalog, or brochure for future delivery.

(8) The sale of arts or crafts by a person who produces the arts or crafts.

(9) A person who makes sales presentations related to a prior, individualized invitation issued to the consumer by the owner or legal occupant of the premises.

As added by P.L.99-1999, SEC.1.

IC 24-4-12-2 "Unused property market" defined

Sec. 2. As used in this chapter, "unused property market" means an event:

(1) where a fee is charged for the sale or the exchange of personal property or where a fee is charged to a prospective buyer for admission to an area where personal property is offered or displayed for sale or exchange by two (2) or more persons;

(2) held more than six (6) times in any twelve (12) month period where personal property is offered or displayed for sale or exchange; or

(3) referred to as a "swap meet", "indoor swap meet", "flea market", or any other similar term, regardless of whether the event is held inside a building or in the open, if that event has as a primary characteristic activities that involve a series of sales sufficient in number, scope, and character to constitute a regular course of business.

As added by P.L.99-1999, SEC.1.

IC 24-4-12-3 "Unused property merchant" defined

Sec. 3. As used in this chapter, "unused property merchant" means a person, other than a vendor or a merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot, or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.

As added by P.L.99-1999, SEC.1.

IC 24-4-12-4 "New and unused property" defined

Sec. 4. As used in this chapter, "new and unused property" means tangible personal property that:

(1) was acquired by an unused property merchant directly from the producer, manufacturer, wholesaler, or retailer in the ordinary course of business; and

(2) has not been used since its production or manufacture or that is in its original and unopened package or container, if the personal property was packaged when originally produced or manufactured.

As added by P.L.99-1999, SEC.1.

IC 24-4-12-5 "Baby food" and "infant formula" defined

Sec. 5. As used in this chapter, "baby food" or "infant formula" means any food manufactured, packaged, and labeled specifically for sale for consumption by a child under two (2) years of age.

As added by P.L.99-1999, SEC.1.

IC 24-4-12-6 "Nonprescription drug" and "over the counter drug" defined

Sec. 6. As used in this chapter, "nonprescription drug" or "over the counter drug" means nonnarcotic medicine or a drug that is sold without a prescription and is prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, properly labeled, and unadulterated under requirements of the state and the federal governments. However, the terms do not include herbal products, dietary supplements, botanical extracts, or vitamins.

As added by P.L.99-1999, SEC.1.

IC 24-4-12-7 "Medical device" defined

Sec. 7. As used in this chapter, "medical device" means an instrument, an apparatus, an implement, a machine, a contrivance, an implant, an in vitro reagent, a tool, or other similar or related article, including a component part or an accessory:

(1) required under federal law to bear the label "Caution: Federal law requires dispensing by or on the order of a physician"; or

(2) that is defined by federal law as a medical device and that is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease in humans or animals or is intended to affect the structure or any function of the body of humans or animals, that does not achieve any of its principal intended purposes through chemical action within or on the body of humans or animals, and that is not dependent upon being metabolized for achievement of its principal intended purposes.

As added by P.L.99-1999, SEC.1.

IC 24-4-12-8 Products prohibited from sale at unused property market

Sec. 8. (a) This section does not apply to a person who keeps available for public inspection a written authorization identifying that person as an authorized representative of the manufacturer or distributor of a product listed in subsection (b), if the authorization is not false, fraudulent, or fraudulently obtained.

(b) An unused property merchant may not offer at an unused property market for sale, or knowingly permit the sale of, baby food, infant formula, cosmetics, personal care products, nonprescription drugs, medical devices, or cigarettes or other tobacco products.

As added by P.L.99-1999, SEC.1. Amended by P.L.160-2005, SEC.16.

IC 24-4-12-9 Receipts required

Sec. 9. An unused property merchant shall maintain receipts for the purchase of new and unused property. A receipt must contain the following information:

(1) The date of the transaction.

(2) The name and address of the person, corporation, or entity from whom the new and unused property was acquired.

(3) An identification and description of the new and unused property acquired.

(4) The price paid for the new and unused property.

(5) The signature of the seller and buyer of the new and unused property.

As added by P.L.99-1999, SEC.1.

IC 24-4-12-10 Improper maintenance of or failure to produce receipts

Sec. 10. It is a violation of this chapter for an unused property merchant required to maintain receipts under this chapter to knowingly do any of the following:

(1) Falsify, obliterate, or destroy the receipts.

(2) Refuse or fail upon request to make the receipts available for inspection within a period that is reasonable based on the individual circumstances surrounding the request. However, this chapter does not require the unused property merchant to possess the receipt on or about the merchant's person without reasonable notice.

(3) Fail to maintain the receipts required by this chapter for at least two (2) years after the date of the transaction.

As added by P.L.99-1999, SEC.1.

IC 24-4-12-11 Chapter violations

Sec. 11. A person who violates this chapter commits:

(1) a Class B misdemeanor on the first violation;

(2) a Class A misdemeanor on the second violation; and

(3) a Level 6 felony on the third and any subsequent violation.

As added by P.L.99-1999, SEC.1. Amended by P.L.158-2013, SEC.272.

Ch. 13 Used Jewelry Sales

IC 24-4-13-0.5 Application

Sec. 0.5. (a) This chapter applies only to a jeweler that is a retail merchant that:

(1) is located in an area zoned for commercial land use;

(2) is open to the public;

(3) primarily sells jewelry; and

(4) remitted at least ten thousand dollars ($10,000) of Indiana gross retail and use tax during the immediately preceding calendar year as a result of retail sales of jewelry.

(b) This chapter does not apply to the following:

(1) A precious metal dealer regulated under IC 24-4-19.

(2) A valuable metal dealer (as defined in IC 25-37.5-1-1(b)).

(3) A pawnbroker licensed under IC 28-7-5.

As added by P.L.222-2013, SEC.2.

IC 24-4-13-1 Definitions

Sec. 1. For purposes of this chapter:

(1) "jewelry" means personal ornaments made of precious metals that may or may not contain precious, semiprecious, or imitation stones;

(2) "used jewelry" means jewelry previously purchased at retail, acquired by gift, or obtained in some other fashion by a consumer that is later sold to a jeweler by a consumer or a person who has acquired jewelry from a consumer;

(3) "jeweler" means a person engaged in the purchase and resale of jewelry;

(4) "person" means an individual, a firm, an association, a limited liability company, a partnership, a joint stock association, a trust, or a corporation; and

(5) "seller" means a consumer or other person who sells used jewelry to a jeweler.

As added by P.L.97-2003, SEC.1.

IC 24-4-13-2 Applicability

Sec. 2. A jeweler who purchases or resells used jewelry must comply with this chapter. However, this chapter does not apply to jewelry used by a customer as a trade-in toward the purchase of a new piece of jewelry.

As added by P.L.97-2003, SEC.1.

IC 24-4-13-3 Books, accounts, and records

Sec. 3. (a) A jeweler shall keep and use in the jeweler's business the books, accounts, and records necessary to determine whether the jeweler is complying with this chapter.

(b) A jeweler shall preserve the books, accounts, and records, including cards used in the card system, for at least two (2) years after making the final entry on any purchase recorded.

(c) The jeweler shall keep the books and records so that the business of purchasing for resale of used jewelry may be readily separated and distinguished from any other business in which the jeweler is engaged.

(d) If a jeweler, in the conduct of the business, purchases an article of used jewelry from a seller, the purchase shall be evidenced by a bill of sale properly signed by the seller. All bills of sale must be in duplicate and must list the following separate items:

(1) Date of sale.

(2) Amount of consideration.

(3) Name of jeweler.

(4) Description of each article of used jewelry sold. However, if multiple articles of used jewelry of a similar nature are delivered together in one (1) transaction, the description of the articles is adequate if the description contains the quantity of the articles delivered and a physical description of the type of articles delivered, including any unique identifying marks, numbers, names, letters, or special features.

(5) Signature of seller.

(6) Address of seller.

(7) Date of birth of the seller.

(8) The type of government issued identification used to verify the identity of the seller, together with the name of the governmental agency that issued the identification and the identification number present on the government issued identification.

(e) The original copy of the bill of sale shall be retained by the jeweler. The second copy shall be delivered to the seller by the jeweler at the time of sale. The heading on all bill of sale forms must be in boldface type.

As added by P.L.97-2003, SEC.1.

IC 24-4-13-4 Examination of records by law enforcement agencies

Sec. 4. (a) The jeweler shall make the records and information under section 3 of this chapter available for examination upon the request of a law enforcement agency (as defined in IC 5-2-5-1).

(b) The law enforcement agency under subsection (a) shall determine if:

(1) the records are sufficient; and

(2) the jeweler has made the information reasonably available.

As added by P.L.97-2003, SEC.1.

IC 24-4-13-5 Unlawful transactions

Sec. 5. A jeweler may not purchase used jewelry:

(1) from an individual less than eighteen (18) years of age; or

(2) that the jeweler believes or should have reason to believe is stolen property acquired as a result of a crime.

As added by P.L.97-2003, SEC.1.

IC 24-4-13-6 Violations

Sec. 6. A person who violates this chapter commits a Class A misdemeanor.

As added by P.L.97-2003, SEC.1.

IC 24-4-13-7 Confidentiality

Sec. 7. (a) Records and information generated by a jeweler in the course of business are confidential under IC 5-14-3-4.

(b) A law enforcement officer (as defined in IC 3-6-6-36(a)) may obtain or receive records and information described in subsection (a) relating to the purchase of used jewelry for use in investigating crime.

(c) Law enforcement officials may disclose the name and address of the jeweler to an adverse claimant in the case of a dispute over ownership of property in possession of the jeweler.

As added by P.L.97-2003, SEC.1.

Ch. 14 Persons Holding a Customer's Personal Information

IC 24-4-14-1 Applicability

Sec. 1. This chapter does not apply to the following:

(1) The executive, judicial, or legislative department of state government or any political subdivision.

(2) A unit (as defined in IC 36-1-2-23).

(3) The office of county auditor.

(4) The office of county treasurer.

(5) The office of county recorder.

(6) The office of county surveyor.

(7) A county sheriff's department.

(8) The office of county coroner.

(9) The office of county assessor.

(10) A person who engages in the business of waste collection, except to the extent the person holds a customer's personal information directly in connection with the business of waste collection.

(11) A person who maintains and complies with a disposal program under:

(A) the federal USA Patriot Act (P.L.107-56);

(B) Executive Order 13224;

(C) the federal Driver's Privacy Protection Act (18 U.S.C. 2721 et seq.);

(D) the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);

(E) the federal Financial Modernization Act of 1999 (15 U.S.C. 6801 et seq.); or

(F) the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L.104-191);

if applicable.

As added by P.L.125-2006, SEC.5.

IC 24-4-14-2 "Customer"

Sec. 2. As used in this chapter, "customer" means a person who:

(1) has:

(A) received; or

(B) contracted for;

the direct or indirect provision of goods or services from another person holding the person's personal information; or

(2) provides the person's personal information to another person in connection with a transaction with a nonprofit corporation or charitable organization.

The term includes a person who pays a commission, a consignment fee, or another fee contingent on the completion of a transaction.

As added by P.L.125-2006, SEC.5.

IC 24-4-14-3 "Dispose of"

Sec. 3. As used in this chapter, "dispose of" means to discard or abandon the personal information of a customer in an area accessible to the public. The term includes placing the personal information in a container for trash collection.

As added by P.L.125-2006, SEC.5.

IC 24-4-14-4 "Encrypted"

Sec. 4. For purposes of this chapter, personal information is "encrypted" if the personal information:

(1) has been transformed through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key; or

(2) is secured by another method that renders the personal information unreadable or unusable.

As added by P.L.125-2006, SEC.5.

IC 24-4-14-5 "Person"

Sec. 5. As used in this chapter, "person" means an individual, a partnership, a corporation, a limited liability company, or another organization.

As added by P.L.125-2006, SEC.5.

IC 24-4-14-6 "Personal information"

Sec. 6. As used in this chapter, "personal information" has the meaning set forth in IC 24-4.9-2-10. The term includes information stored in a digital format.

As added by P.L.125-2006, SEC.5.

IC 24-4-14-7 "Redacted"

Sec. 7. (a) For purposes of this chapter, personal information is "redacted" if the personal information has been altered or truncated so that not more than the last four (4) digits of:

(1) a driver's license number;

(2) a state identification number; or

(3) an account number;

is accessible as part of personal information.

(b) For purposes of this chapter, personal information is "redacted" if the personal information has been altered or truncated so that not more than five (5) digits of a Social Security number are accessible as part of personal information.

As added by P.L.125-2006, SEC.5.

IC 24-4-14-8 Disposal of personal information; infraction

Sec. 8. A person who disposes of the unencrypted, unredacted personal information of a customer without shredding, incinerating, mutilating, erasing, or otherwise rendering the information illegible or unusable commits a Class C infraction. However, the offense is a Class A infraction if:

(1) the person violates this section by disposing of the unencrypted, unredacted personal information of more than one hundred (100) customers; or

(2) the person has a prior unrelated judgment for a violation of this section.

As added by P.L.125-2006, SEC.5.

Ch. 15 Automated External Defibrillators in Health Clubs

IC 24-4-15-1 "Defibrillator"

Sec. 1. As used in this chapter, "defibrillator" means an automated external defibrillator.

As added by P.L.129-2007, SEC.2.

IC 24-4-15-2 "Health club"

Sec. 2. (a) As used in this chapter, "health club" means an establishment at which:

(1) an individual, a corporation, a limited liability company, a partnership, an association, a firm, an educational institution, or any other business enterprise offers:

(A) instruction, training, or assistance in physical fitness that is focused primarily on cardiovascular exertion; or

(B) facilities for the:

(i) preservation;

(ii) maintenance;

(iii) encouragement; or

(iv) development;

of physical fitness or well-being; and

(2) at least:

(A) fifty (50) persons have:

(i) purchased; or

(ii) paid a fee for;

the right to use the physical fitness facilities; or

(B) thirty (30) pieces of motorized physical fitness equipment are provided for use by individuals.

(b) The term includes the following:

(1) Health spas and studios.

(2) Sports centers.

(3) Weight control studios.

(4) Gymnasiums and workout centers in schools, colleges, and universities.

(c) The term does not include a workout center in:

(1) a hospital licensed under IC 16-21 or a health facility licensed under IC 16-28;

(2) a hotel or motel, unless the workout center allows membership by individuals who are not guests of the hotel or motel; or

(3) an apartment, a condominium, or a town home complex.

As added by P.L.129-2007, SEC.2.

IC 24-4-15-3 "Person"

Sec. 3. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, an association, a firm, or an educational institution.

As added by P.L.129-2007, SEC.2.

IC 24-4-15-4 "State department"

Sec. 4. As used in this chapter, "state department" refers to the Indiana department of health.

As added by P.L.129-2007, SEC.2. Amended by P.L.56-2023, SEC.214.

IC 24-4-15-5 Health club requirements

Sec. 5. An owner or operator of a health club shall do the following:

(1) Ensure that a defibrillator is:

(A) located on the health club premises and easily accessible to the health club staff, members, and guests; or

(B) if:

(i) the health club is located on the premises of a business of which the health club is a part; and

(ii) the business has an emergency response team;

located on the premises of the business and easily accessible to the emergency response team.

(2) Employ at least one (1) individual who:

(A) has satisfactorily completed a course consistent with the most current national guidelines for; and

(B) is currently certified in;

cardiopulmonary resuscitation and defibrillator use.

(3) Reasonably ensure that at least one (1) individual described in subdivision (2) is on the health club premises when staff is present at the health club during the health club's business hours.

(4) A health club that is not staffed must have the following on the premises:

(A) A telephone for 911 telephone call access.

(B) A sign in plain view containing an advisory warning that indicates that members of the unstaffed health club should be aware that working out alone may pose risks to a health club member's health and safety.

(C) A sign in plain view providing instruction in the use of the defibrillator and in cardiopulmonary resuscitation.

(5) Ensure compliance with the requirements set forth in IC 16-31-6.5.

(6) Post a sign at each entrance to the health club that indicates the location of each defibrillator.

As added by P.L.129-2007, SEC.2. Amended by P.L.3-2008, SEC.173; P.L.134-2008, SEC.14.

IC 24-4-15-6 Immunity

Sec. 6. A person is immune from civil liability for acts or omissions involving the use of or the failure to use a defibrillator located on the premises of a health club under this chapter as provided under IC 34-30-12-1.

As added by P.L.129-2007, SEC.2.

IC 24-4-15-7 Inspections

Sec. 7. The:

(1) state department and the department of homeland security may inspect a health club at any time:

(A) according to rules adopted by the state department; or

(B) in response to a filed complaint alleging noncompliance with this chapter; and

(2) fire department that serves the area in which a health club is located shall inspect the health club for compliance with this chapter if the health club is inspected as part of an inspection program under IC 36-8-17-8.

As added by P.L.129-2007, SEC.2. Amended by P.L.134-2008, SEC.15; P.L.187-2021, SEC.126.

IC 24-4-15-8 Violations

Sec. 8. A person who violates this chapter commits a Class C infraction.

As added by P.L.129-2007, SEC.2.

IC 24-4-15-9 Rules

Sec. 9. The state department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.129-2007, SEC.2.

Ch. 16 Architectural Salvage Material Dealers

IC 24-4-16-1 Applicability of chapter

Sec. 1. This chapter does not apply to the purchase of valuable metal (as defined in IC 25-37.5-1-1(a)) by a valuable metal dealer regulated under IC 25-37.5.

As added by P.L.63-2008, SEC.1.

IC 24-4-16-2 "Architectural salvage material"

Sec. 2. (a) As used in this chapter, "architectural salvage material" means an item originally installed on or in a dwelling, a business, or any other structure and subsequently removed from the dwelling, business, or other structure.

(b) The term includes the following:

(1) Aluminum, wood, or vinyl siding.

(2) Balustrades or other stair parts.

(3) Bathroom or kitchen cabinets or fixtures.

(4) Doors, door architraves, or doorknobs.

(5) Light fixtures.

(6) Mantelpieces.

(7) Plumbing.

(8) Shutters.

(9) Windows and window architraves, including stained glass or leaded glass window panes.

(10) Wood trim.

As added by P.L.63-2008, SEC.1.

IC 24-4-16-3 "Dealer"

Sec. 3. As used in this chapter, "dealer" means a person who purchases or otherwise acquires architectural salvage material for resale or reuse as part of the normal course of the person's business.

As added by P.L.63-2008, SEC.1.

IC 24-4-16-4 Transfer of ownership; identification

Sec. 4. Before a person may sell or otherwise transfer ownership of architectural salvage material to a dealer, the person must present government issued identification to the dealer to verify the identity of the person.

As added by P.L.63-2008, SEC.1.

IC 24-4-16-5 Dealer restrictions

Sec. 5. A dealer may not purchase or otherwise obtain architectural salvage material:

(1) from a person who is less than eighteen (18) years of age; or

(2) that the dealer believes or should have reason to believe is stolen property acquired as a result of a crime.

As added by P.L.63-2008, SEC.1.

IC 24-4-16-6 Dealer records; inspection

Sec. 6. (a) A dealer shall keep a record book that contains the following information concerning architectural salvage material received by the dealer:

(1) An accurate description of any architectural salvage material received by the dealer. If multiple articles of a similar nature that do not contain an identification or serial number are delivered together in one (1) transaction to the dealer, the description of the articles is adequate if the description contains:

(A) the quantity of the articles delivered; and

(B) a physical description of the type of articles delivered, including any unique identifying marks, numbers, names, letters, or special features.

(2) The date and time of the transaction.

(3) The:

(A) name, address, date of birth, and telephone number; and

(B) signature;

of the person who sold or otherwise transferred ownership of the architectural salvage material to the dealer.

(4) The:

(A) type of government issued identification used to verify the identity of the person who sold or otherwise transferred ownership of the architectural salvage material to the dealer as described in section 4 of this chapter;

(B) name of the governmental agency that issued the identification; and

(C) identification number printed on the government issued identification.

(b) The record book described in subsection (a) must be open to inspection by a law enforcement officer at all reasonable times.

(c) A dealer shall retain a record book described in subsection (a) for at least two (2) years after the date of the most recent transaction recorded in the book.

As added by P.L.63-2008, SEC.1.

IC 24-4-16-7 Dealer duty to hold architectural salvage material

Sec. 7. If a dealer receives a notice from a law enforcement agency to hold architectural salvage material possessed by the dealer, the dealer shall hold the architectural salvage material for at least five (5) business days after the date the dealer receives the notice.

As added by P.L.63-2008, SEC.1.

IC 24-4-16-8 Confidentiality of dealer records and other information

Sec. 8. (a) Records and information generated by a dealer concerning architectural salvage material are confidential under IC 5-14-3-4.

(b) A law enforcement officer may obtain or receive records and information described in subsection (a) for use in the official law enforcement purpose of investigating crime.

(c) A law enforcement officer may disclose the name and address of a dealer to an adverse claimant in the case of a dispute over ownership of architectural salvage material in possession of the dealer.

As added by P.L.63-2008, SEC.1.

IC 24-4-16-9 Violations; penalties

Sec. 9. A person who violates this chapter commits a Class A infraction.

As added by P.L.63-2008, SEC.1.

Ch. 16.4 Sexually Explicit Materials

IC 24-4-16.4-0.1 Repealed

As added by P.L.220-2011, SEC.389. Repealed by P.L.63-2012, SEC.28.

IC 24-4-16.4-1 "Person"

Sec. 1. As used in this chapter, "person" has the meaning set forth in IC 35-31.5-2-234.

As added by P.L.92-2008, SEC.3. Amended by P.L.114-2012, SEC.48.

IC 24-4-16.4-2 "Sexually explicit materials"

Sec. 2. (a) As used in this chapter, "sexually explicit materials" means a product or service:

(1) that is harmful to minors (as described in IC 35-49-2-2), even if the product or service is not intended to be used by or offered to a minor; or

(2) that is designed for use in, marketed primarily for, or provides for:

(A) the stimulation of the human genital organs; or

(B) masochism or a masochistic experience, sadism or a sadistic experience, sexual bondage, or sexual domination.

(b) The term does not include:

(1) birth control or contraceptive devices; or

(2) services, programs, products, or materials provided by a:

(A) communications service provider (as defined in IC 8-1-32.6-3);

(B) physician; or

(C) public or nonpublic school.

As added by P.L.92-2008, SEC.3.

IC 24-4-16.4-3 Restrictions on offering for sale or selling sexually explicit materials

Sec. 3. A person or an employee or agent of a person may not offer for sale or sell sexually explicit materials unless a registration and statement are properly filed under IC 23-1-55.

As added by P.L.92-2008, SEC.3. Amended by P.L.1-2009, SEC.133.

IC 24-4-16.4-4 Violations

Sec. 4. A person or an employee or agent of a person who knowingly or intentionally offers for sale or sells sexually explicit materials in violation of this chapter commits unregistered sale of sexually explicit materials, a Class B misdemeanor.

As added by P.L.92-2008, SEC.3.

Ch. 17 Retail Consignment Sales

IC 24-4-17-1 Application

Sec. 1. (a) Except as provided in subsections (b) through (d), this chapter applies to an item delivered to a retail merchant after June 30, 2009.

(b) This chapter does not apply to an item that has a value less than fifty dollars ($50).

(c) This chapter does not apply to an item offered at auction, or held by an auctioneer before or after being offered at auction.

(d) If a provision of this chapter conflicts with the Uniform Commercial Code (IC 26-1), the Uniform Commercial Code controls with respect to that provision.

As added by P.L.85-2009, SEC.2.

IC 24-4-17-2 "Bona fide purchaser"

Sec. 2. As used in this chapter, "bona fide purchaser" means a person who in good faith makes a purchase without notice of any outstanding rights of others.

As added by P.L.85-2009, SEC.2.

IC 24-4-17-3 "Claim"

Sec. 3. As used in this chapter, "claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, fixed, matured, disputed, secured, legal, or equitable. The term includes costs of collection and attorney's fees only to the extent that the laws of Indiana permit the holder of the claim to recover them in an action against the obligor.

As added by P.L.85-2009, SEC.2.

IC 24-4-17-4 "Commission"

Sec. 4. As used in this chapter, "commission" means the fee that a consignor and a retail merchant have agreed that the retail merchant may retain after the sale of the consignor's item to a third party. The term includes any form of compensation, including a percentage of the actual selling price of an item.

As added by P.L.85-2009, SEC.2.

IC 24-4-17-5 "Creditor"

Sec. 5. As used in this chapter, "creditor" means a person who has a claim.

As added by P.L.85-2009, SEC.2.

IC 24-4-17-6 "On consignment"

Sec. 6. As used in this chapter, "on consignment" means that no:

(1) title to;

(2) estate in; or

(3) right to possession of;

an item superior to that of the consignor vests in the consignee, even if the consignee has the authority to transfer the consignor's right, title, and interest in the work of art to a third party.

As added by P.L.85-2009, SEC.2.

IC 24-4-17-7 "Retail merchant"

Sec. 7. As used in this chapter, "retail merchant" means a retail merchant making a retail transaction as described in IC 6-2.5-4-1.

As added by P.L.85-2009, SEC.2.

IC 24-4-17-8 Trust property; retail merchant as trustee; exceptions; liability

Sec. 8. (a) When a person delivers an item to a retail merchant for the purpose of:

(1) sale;

(2) exhibition; or

(3) sale and exhibition;

for a commission, the delivery to and acceptance of the item by the retail merchant places the item on consignment, unless the delivery is under an outright sale for which the person receives full compensation for the item upon delivery.

(b) A retail merchant described in subsection (a) is the agent of the person with respect to an item described in subsection (a).

(c) An item described in subsection (a) is trust property and the retail merchant is trustee for the benefit of the person until the item is sold to a bona fide purchaser or returned to the person.

(d) Except as provided in subsection (e), this subsection does not apply to a deposit placed by a customer on an item. The proceeds of the sale of an item described in subsection (a) are trust property. The retail merchant is trustee for the benefit of the person until the amount due the person from the sale is paid in full. Unless the retail merchant and the person expressly agree otherwise in writing:

(1) a retail merchant shall pay the person the proceeds of the sale of an item not later than thirty (30) days after the retail merchant receives the payment; and

(2) if the sale of the item is on installment, the retail merchant shall first apply funds from an installment to pay any balance due to the person on the sale.

The terms of an express written agreement that alters a provision set forth in subdivision (1) or (2) must be clear and conspicuous.

(e) If:

(1) a customer who has placed a deposit on an item purchases the item; and

(2) the customer's deposit is used in whole or in part to pay for the item;

the deposit shall be treated in accordance with subsection (d).

(f) Except as provided in subsection (g), if an item is lost or damaged while in the possession of a retail merchant, the retail merchant is strictly liable for the loss or damage in an amount equal to the value of the item as set forth in section 11(a)(1) of this chapter.

(g) A retail merchant is not liable for the loss of or damage to an item in the retail merchant's possession if:

(1) the loss or damage occurs more than thirty (30) days after:

(A) the date by which the person must remove the item, as specified in a written agreement between the retail merchant and the person; or

(B) the date on which the retail merchant sends written notice to the person by registered mail at the person's last known address that the person must remove the item, if a written agreement described in clause (A) does not exist; and

(2) the item was in the retail merchant's possession at the time of the loss or damage because the person failed to remove the item.

As added by P.L.85-2009, SEC.2.

IC 24-4-17-9 Funds from sale of item on consignment as trust funds

Sec. 9. (a) If an item is trust property under section 8 of this chapter when a retail merchant initially receives it, the item remains trust property until the balance due the consignor from the sale of the item is paid in full, even if the retail merchant directly or indirectly purchases the item for the retail merchant's own account.

(b) If a retail merchant resells an item described in subsection (a) to a bona fide purchaser before the consignor has been paid in full, the item ceases to be trust property and the proceeds of the resale are trust funds in the hands of the retail merchant for the benefit of the consignor to the extent necessary to pay any balance due the consignor. The trusteeship of the proceeds continues until the fiduciary obligation of the retail merchant with respect to the transaction is discharged in full.

As added by P.L.85-2009, SEC.2. Amended by P.L.1-2010, SEC.95.

IC 24-4-17-10 Trust property exempt from claims against the retail merchant

Sec. 10. Trust property under section 8 or 9 of this chapter is not subject to a claim, lien, or security interest of a creditor of the retail merchant.

As added by P.L.85-2009, SEC.2. Amended by P.L.1-2010, SEC.96.

IC 24-4-17-11 Conditions of accepting an item for commission on consignment; remedies

Sec. 11. (a) A retail merchant may accept an item for commission on consignment from a person only if, not later than seven (7) days after accepting the item, the retail merchant enters into a written contract with the person that specifies the following:

(1) The value of the item.

(2) The time within which the proceeds from the sale must be paid to the consignor if the item is sold.

(3) The commission the retail merchant is to receive if the item is sold.

(4) The minimum price for the sale of the item.

(5) Any discounts ordinarily given by the retail merchant in the regular course of business.

(b) If a retail merchant violates this section, the consignor may bring an action in a court with jurisdiction to void the consignor's contractual obligations to the retail merchant. A retail merchant who violates this section is liable to the consignor in an amount equal to:

(1) fifty dollars ($50);

(2) any actual, consequential, or incidental damages sustained by the consignor because of the violation of this section; and

(3) reasonable attorney's fees.

As added by P.L.85-2009, SEC.2. Amended by P.L.1-2010, SEC.97.

Ch. 18 Criminal History Providers

IC 24-4-18-1 "Criminal history information"

Sec. 1. (a) As used in this chapter, "criminal history information" means information:

(1) concerning:

(A) a criminal conviction in Indiana; or

(B) an Indiana civil protection order under IC 34-26-5; and

(2) available in records kept by a clerk of a circuit, superior, city, or town court with jurisdiction in Indiana.

(b) The term consists of the following:

(1) Identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges.

(2) Protection order records (as defined in IC 34-26-7.5-2).

(3) Information, including a photograph, regarding a sex or violent offender (as defined in IC 11-8-8-5) obtained through sex or violent offender registration under IC 11-8-8.

(4) Any disposition, including sentencing, and correctional system intake, transfer, and release.

(5) A photograph of the person who is the subject of the information described in this subsection.

(c) The term includes fingerprint information described in IC 10-13-3-24(f).

As added by P.L.69-2012, SEC.1. Amended by P.L.112-2013, SEC.1; P.L.55-2020, SEC.1.

IC 24-4-18-2 "Criminal history provider"

Sec. 2. (a) As used in this section, "criminal history provider" means a person or an organization that:

(1) compiles a criminal history report and either uses the report or provides the report to a person or an organization other than a criminal justice agency, a law enforcement agency, or another criminal history provider; or

(2) regularly publishes criminal history information on the Internet or regularly makes criminal history information available through the Internet.

For purposes of subdivision (2), a person publishes or makes available criminal history information "regularly" if the person publishes or makes available the criminal history information of at least twelve (12) individuals in a calendar year.

(b) The term does not include the following:

(1) A criminal justice agency.

(2) A law enforcement agency.

(3) Any:

(A) person connected with or employed by:

(i) a newspaper or other periodical issued at regular intervals and having a general circulation; or

(ii) a recognized press association or wire service;

as a bona fide owner, editorial or reportorial employee, who receives income from legitimate gathering, writing, editing, and interpretation of news;

(B) person connected with a licensed radio or television station as an owner or official, or as an editorial or reportorial employee who receives income from legitimate gathering, writing, editing, interpreting, announcing, or broadcasting of news; or

(C) other person who gathers, records, compiles, or disseminates:

(i) criminal history information; or

(ii) criminal history reports;

solely for journalistic, academic, governmental, or legal research purposes.

(4) The clerk of a circuit, superior, city, or town court.

As added by P.L.69-2012, SEC.1. Amended by P.L.112-2013, SEC.2; P.L.52-2021, SEC.1.

IC 24-4-18-3 "Criminal history report"

Sec. 3. (a) As used in this section, "criminal history report" means criminal history information that has been:

(1) compiled primarily for the purposes of evaluating a particular person's eligibility for:

(A) employment in Indiana;

(B) housing in Indiana;

(C) a license, permit, or occupational certification issued under state law; or

(D) insurance, credit, or another financial service, if the insurance, credit, or financial service is to be provided to a person residing in Indiana; or

(2) published or made available on the Internet by a criminal history provider.

(b) The term does not include information compiled primarily for the purpose of journalistic, academic, governmental, or legal research.

(c) The term includes information described in subsection (a) and not excluded under subsection (b), regardless of the geographical location of the person who compiled the information.

As added by P.L.69-2012, SEC.1. Amended by P.L.112-2013, SEC.3; P.L.52-2021, SEC.2.

IC 24-4-18-4 "Criminal justice agency"

Sec. 4. As used in this section, "criminal justice agency" has the meaning set forth in IC 10-13-3-6.

As added by P.L.69-2012, SEC.1.

IC 24-4-18-5 "Law enforcement agency"

Sec. 5. As used in this section, "law enforcement agency" has the meaning set forth in IC 10-13-3-10.

As added by P.L.69-2012, SEC.1.

IC 24-4-18-6 Providing criminal history information; prohibited information; exceptions

Sec. 6. (a) Except as provided in subsection (b), a criminal history provider may not knowingly provide a criminal history report that provides criminal history information relating to the following:

(1) A record that has been expunged by:

(A) marking the record as expunged; or

(B) removing the record from public access.

(2) A record that is restricted by a court or the rules of a court and is marked as restricted from public disclosure or removed from public access.

(3) A record indicating a conviction of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) if the Class D felony or Level 6 felony conviction:

(A) has been entered as a Class A misdemeanor conviction; or

(B) has been converted to a Class A misdemeanor conviction.

(4) A record that the criminal history provider knows is inaccurate.

(b) A criminal history provider may provide information described in subsection (a)(1) through (a)(3) if the person requesting the criminal history report is:

(1) required by state or federal law to obtain the information; or

(2) the state or a political subdivision, and the information will be used solely in connection with the issuance of a public bond.

As added by P.L.69-2012, SEC.1. Amended by P.L.112-2013, SEC.4; P.L.158-2013, SEC.273; P.L.168-2014, SEC.35.

IC 24-4-18-7 Criminal history data updates

Sec. 7. (a) A criminal history provider may not knowingly include criminal history information in a criminal history report if the criminal history information fails to reflect material changes to the official record occurring sixty (60) days or more before the date the criminal history report is delivered.

(b) A criminal history provider that provides a criminal history report and fails to reflect material criminal history information does not violate this section if the material criminal history information was not contained in the official record at least sixty (60) days before the date the criminal history report is delivered.

As added by P.L.69-2012, SEC.1. Amended by P.L.112-2013, SEC.5.

IC 24-4-18-8 Violation is deceptive act; application of the federal Fair Credit Reporting Act

Sec. 8. (a) A violation of section 6 or 7 of this chapter is a deceptive act that is actionable under IC 24-5-0.5-4.

(b) This section does not prohibit an individual from bringing an action on the individual's own behalf under the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

As added by P.L.69-2012, SEC.1. Amended by P.L.13-2013, SEC.64; P.L.112-2013, SEC.6.

Ch. 19 Precious Metal Dealers

IC 24-4-19-1 Application

Sec. 1. This chapter does not apply to the following:

(1) A jeweler regulated under IC 24-4-13 concerning used jewelry sales.

(2) A valuable metal dealer (as defined in IC 25-37.5-1-1(b)).

(3) A pawnbroker licensed under IC 28-7-5.

(4) The purchase or resale of a mint issued coin by a person whose primary business is buying, selling, and trading mint issued coins.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-2 "Jewelry"

Sec. 2. As used in this chapter, "jewelry" means personal ornaments made of gold, silver, or platinum that may or may not contain precious, semiprecious, or imitation stones.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-3 "Mint issued coin"

Sec. 3. As used in this chapter, "mint issued coin" means a coin that:

(1) is bought or sold as an investment in a rare or precious metal;

(2) has a collectable value greater than the face value of the coin; or

(3) is collectable or desirable due to the age, rarity, or condition of the coin.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-4 "Permanent place of business"

Sec. 4. As used in this chapter, "permanent place of business" means a fixed premises:

(1) owned by a precious metal dealer; or

(2) leased by a precious metal dealer for a term of at least twelve (12) months;

at which the precious metal dealer purchases or resells precious metal.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-5 "Person"

Sec. 5. As used in this chapter, "person" means an individual, a firm, an association, a limited liability company, a partnership, a joint stock association, a trust, or a corporation.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-6 "Precious metal"

Sec. 6. (a) As used in this chapter, "precious metal" means:

(1) used jewelry; and

(2) other used articles of personal property that:

(A) are made of gold, silver, or platinum; and

(B) were previously purchased at retail, acquired by gift, or obtained in some other fashion by a consumer.

(b) The term does not include:

(1) mint issued coins;

(2) ingots; or

(3) industrial residue or byproducts that contain gold, silver, or platinum purchased from manufacturing firms.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-7 "Precious metal dealer"

Sec. 7. As used in this chapter, "precious metal dealer" means a person who engages in the business of purchasing precious metal for the purpose of reselling the precious metal in any form.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-8 "Purchase"

Sec. 8. As used in this chapter, "purchase" means to acquire property in exchange for cash, credit, or other valuable consideration.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-9 "Seller"

Sec. 9. As used in this chapter, "seller" means a consumer or other person who sells precious metal to a precious metal dealer.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-10 "Used jewelry"

Sec. 10. As used in this chapter, "used jewelry" means jewelry previously purchased at retail, acquired by gift, or obtained in some other fashion by a consumer.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-11 Purchase or resale of precious metal

Sec. 11. A precious metal dealer who purchases or resells precious metal must comply with this chapter. However, this chapter does not apply to jewelry used by a customer as a trade-in toward the purchase of a new piece of jewelry.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-12 Permanent place of business requirement

Sec. 12. A precious metal dealer may engage in the business of purchasing or reselling precious metal in Indiana only at a permanent place of business owned or leased by the precious metal dealer.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-13 Registration requirement; secretary of state; local law enforcement agencies

Sec. 13. (a) A precious metal dealer must satisfy the registration requirements described in subsections (b) and (c) before the precious metal dealer may engage in the business of purchasing or reselling precious metal at a permanent place of business in Indiana.

(b) A precious metal dealer must submit to the secretary of state one (1) time every twelve (12) months a registration that includes the following:

(1) The name of the precious metal dealer.

(2) The addresses of all permanent places of business owned or leased by the precious metal dealer in Indiana.

(3) Any other information required by the secretary of state.

(4) A registration fee of one hundred dollars ($100), to be deposited by the secretary of state into the electronic and enhanced access fund established by IC 4-5-10-5.

(c) A precious metal dealer must submit a registration to a law enforcement agency one (1) time every twelve (12) months for each permanent place of business owned or leased by the precious metal dealer in Indiana as follows:

(1) If the permanent place of business is located in a municipality that maintains a law enforcement agency, the registration shall be submitted to the law enforcement agency of the municipality.

(2) If the permanent place of business is not located in a municipality that maintains a law enforcement agency, the registration shall be submitted to the sheriff of the county in which the permanent place of business is located.

A registration submitted to a law enforcement agency under this subsection must include the name of the precious metal dealer, the address of the permanent place of business, any other information required by the law enforcement agency, and a registration fee of fifty dollars ($50). However, if a precious metals dealer registers more than one (1) permanent place of business with the same law enforcement agency, the precious metal dealer must pay a registration fee of fifty dollars ($50) to register all the permanent places of business with the law enforcement agency.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-14 Seller identification; photograph of precious metal

Sec. 14. (a) If a precious metal dealer purchases precious metal from a seller, the precious metal dealer shall:

(1) verify the identity of the seller by use of a government issued photographic identification;

(2) make a copy of the seller's government issued photographic identification; and

(3) take a photograph of the precious metal.

(b) A precious metal dealer shall retain a copy of the:

(1) government issued photographic identification; and

(2) photograph;

described in subsection (a) as required in section 15(e) of this chapter.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-15 Books, accounts, and records

Sec. 15. (a) A precious metal dealer shall keep and use in the precious metal dealer's business the books, accounts, and records necessary to determine whether the precious metal dealer is complying with this chapter.

(b) A precious metal dealer shall preserve the books, accounts, and records, including cards used in the card system, for at least two (2) years after making the final entry on any purchase recorded.

(c) The precious metal dealer shall keep the books and records so that the business of purchasing precious metal for resale may be readily separated and distinguished from any other business in which the precious metal dealer is engaged.

(d) If a precious metal dealer, in the conduct of the business, purchases precious metal from a seller, the purchase shall be evidenced by a bill of sale properly signed by the seller verifying the accuracy of the information in the bill of sale. All bills of sale must be in duplicate and must list the following separate items:

(1) The date of sale.

(2) The:

(A) name;

(B) address;

(C) date of birth; and

(D) driver's license number or Social Security number;

of the seller from whom the precious metal was purchased.

(3) The amount of consideration paid for the precious metal.

(4) The:

(A) name of the precious metal dealer; and

(B) address of the permanent place of business where the purchase occurred.

(5) A description of each article of precious metal sold. However, if multiple articles of precious metal of a similar nature are delivered together in one (1) transaction, the description of the articles is adequate if the description contains the quantity of the articles delivered and a physical description of the type of articles delivered, including any unique identifying marks, numbers, names, letters, or special features.

(6) The type of government issued photographic identification used to verify the identity of the seller under section 14 of this chapter, together with the name of the governmental agency that issued the photographic identification and the identification number present on the government issued photographic identification.

(e) If a precious metal dealer purchases precious metal, the precious metal dealer shall retain as part of the books, accounts, and records kept by the precious metal dealer under this section:

(1) the original copy of the bill of sale described in subsection (d); and

(2) the:

(A) copy of the seller's government issued photographic identification; and

(B) photograph of the precious metal;

obtained by the precious metal dealer as required under section 14 of this chapter.

The second copy of the bill of sale shall be delivered to the seller by the precious metal dealer at the time of sale.

(f) The heading on all bill of sale forms must be in boldface type.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-16 Precious metal purchases reported to law enforcement agencies

Sec. 16. (a) Each day a precious metal dealer purchases precious metal at a permanent place of business, the precious metal dealer shall report the information described in section 15(d) of this chapter concerning the precious metal to a law enforcement agency as follows:

(1) If the permanent place of business is located in a municipality that maintains a law enforcement agency, the report required under this section shall be made to the law enforcement agency of the municipality.

(2) If the permanent place of business is not located in a municipality that maintains a law enforcement agency, the report required under this section shall be made to the sheriff of the county in which the permanent place of business is located.

(b) The information reported to a law enforcement agency under subsection (a) shall be submitted in an electronic format if requested by the law enforcement agency.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-17 Examination of records and information by law enforcement agencies

Sec. 17. (a) A precious metal dealer shall make the records and information under section 15 of this chapter available for examination upon the request of a law enforcement agency (as defined in IC 10-13-3-10).

(b) The law enforcement agency under subsection (a) shall determine if:

(1) the records are sufficient; and

(2) the precious metal dealer has made the information reasonably available.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-18 Prohibited precious metal purchases

Sec. 18. A precious metal dealer may not purchase precious metal:

(1) from an individual less than eighteen (18) years of age; or

(2) that the precious metal dealer believes or should have reason to believe is stolen property acquired as a result of a crime.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-19 Retention of precious metal purchases

Sec. 19. (a) A precious metal dealer shall hold each article of precious metal purchased by the precious metal dealer for at least ten (10) calendar days after the date the precious metal dealer purchases the precious metal:

(1) at the precious metal dealer's permanent place of business where the purchase occurred; and

(2) separate from other precious metal.

(b) During the ten (10) calendar days that the precious metal dealer must hold precious metal under subsection (a), the precious metal dealer:

(1) may not change the form of the precious metal; and

(2) shall allow a law enforcement officer to inspect the precious metal.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-20 Confidentiality of records and information

Sec. 20. (a) Records and information generated by a precious metal dealer in the course of business are confidential under IC 5-14-3-4.

(b) A law enforcement officer (as defined in IC 3-6-6-36(a)) may obtain or receive records and information described in subsection (a) relating to the purchase of precious metal for use in investigating crime.

(c) Law enforcement officials may disclose the name and address of the precious metal dealer to an adverse claimant in the case of a dispute over ownership of property in possession of the precious metal dealer.

As added by P.L.222-2013, SEC.3.

IC 24-4-19-21 Penalty

Sec. 21. A person who knowingly or intentionally violates this chapter commits a Class A misdemeanor.

As added by P.L.222-2013, SEC.3.

Ch. 20 Foreign Sellers of Precious Metals Bullion and Currency

IC 24-4-20-1 Definitions

Sec. 1. The following definitions apply throughout this chapter:

(1) "Currency" means a coin made of gold, silver, or other metal or paper money that is or has been used as legal tender.

(2) "Foreign entity" means:

(A) if the person is a sole proprietor, an individual who does not reside in Indiana; or

(B) if the person is not a sole proprietor, a person who is not authorized under the laws of Indiana.

(3) "Person" means a sole proprietor, a partnership, a corporation, a limited liability company, or other business entity.

(4) "Precious metals bullion" means bars, ingots, or commemorative medallions of gold, silver, platinum, palladium, or a combination of these materials for which the value of the metal depends on its content and not its form.

(5) "Secretary" refers to the secretary of state.

As added by P.L.195-2016, SEC.2.

IC 24-4-20-2 Temporary registration issuance

Sec. 2. The secretary may issue a temporary registration in accordance with this chapter to a foreign entity that:

(1) wishes to sell precious metals bullion or currency at a trade fair or coin show in Indiana;

(2) is not otherwise lawfully authorized to conduct business in Indiana; and

(3) complies with requirements of this chapter.

As added by P.L.195-2016, SEC.2.

IC 24-4-20-3 Temporary registration expiration

Sec. 3. A temporary registration issued under this chapter expires not later than twenty-eight (28) days after the date on which the temporary registration is issued.

As added by P.L.195-2016, SEC.2. Amended by P.L.85-2017, SEC.92.

IC 24-4-20-4 Requirements for a temporary registration

Sec. 4. A foreign entity that wishes to obtain a temporary registration to sell precious metals bullion or currency at a trade fair or coin show in Indiana under this chapter must do the following:

(1) Submit an application to the secretary in the form and the manner prescribed by the secretary.

(2) Pay a fee of thirty-five dollars ($35) to the secretary.

As added by P.L.195-2016, SEC.2.

IC 24-4-20-5 Contract requirements

Sec. 5. A foreign entity registered under this chapter is entitled to sell precious metals bullion and currency at a trade fair or coin show in Indiana during the term of the temporary registration if the contract:

(1) is for the purchase of precious metals bullion or currency;

(2) requires physical delivery of the quantity of the precious metals bullion or currency purchased not later than twenty-eight (28) calendar days after payment in full of the purchase price; and

(3) provides for the purchaser to receive physical delivery of the quantity of precious metals bullion or currency purchased not later than twenty-eight (28) calendar days after payment in full of the purchase price.

As added by P.L.195-2016, SEC.2. Amended by P.L.85-2017, SEC.93.

IC 24-4-20-6 Foreign entity requirements

Sec. 6. A foreign entity may not sell precious metals bullion or currency at a trade fair or coin show in Indiana unless the foreign entity:

(1) registers with the secretary of state under this chapter; or

(2) is otherwise authorized to conduct business in Indiana.

As added by P.L.195-2016, SEC.2.

IC 24-4-20-7 Fees

Sec. 7. Fees collected under this chapter shall be deposited in the electronic and enhanced access fund established by IC 4-5-10-5.

As added by P.L.195-2016, SEC.2.

Ch. 21 Distribution of Low THC Hemp Extract

IC 24-4-21-1 Definitions

Sec. 1. The following definitions apply throughout this chapter:

(1) "Certificate of analysis" means a certificate from an independent testing laboratory describing the results of the laboratory's testing of a sample.

(2) "Independent testing laboratory" means a laboratory:

(A) with respect to which no person having a direct or indirect interest in the laboratory also has a direct or indirect interest in a facility that:

(i) processes, distributes, or sells low THC hemp extract, or a substantially similar substance in another jurisdiction;

(ii) cultivates, processes, distributes, dispenses, or sells marijuana; or

(iii) cultivates, processes, or distributes hemp; and

(B) that is accredited as a testing laboratory to International Organization for Standardization (ISO) 17025 by a third party accrediting body such as the American Association for Laboratory Accreditation (A2LA) or Assured Calibration and Laboratory Accreditation Select Services (ACLASS).

(3) "Low THC hemp extract" has the meaning set forth in IC 35-48-1.1-27.

As added by P.L.153-2018, SEC.9. Amended by P.L.190-2019, SEC.23; P.L.186-2025, SEC.131.

IC 24-4-21-2 Distribution generally

Sec. 2. A person may distribute low THC hemp extract in Indiana only if the product:

(1) has been approved by the federal Food and Drug Administration or the federal Drug Enforcement Agency as a prescription or over the counter drug; or

(2) meets the requirements of this chapter.

As added by P.L.153-2018, SEC.9.

IC 24-4-21-3 Certificate of analysis

Sec. 3. A person may distribute low THC hemp extract in Indiana only if the distributor has a certificate of analysis prepared by an independent testing laboratory showing:

(1) that the low THC hemp extract is the product of a batch tested by the independent testing laboratory;

(2) that the independent testing laboratory determined that the batch contained not more than three-tenths percent (0.3%) total delta-9-tetrahydrocannabinol (THC), including precursors, by weight, based on the testing of a random sample of the batch; and

(3) the cannabidiol percent present of the low THC hemp extract.

As added by P.L.153-2018, SEC.9. Amended by P.L.190-2019, SEC.24.

IC 24-4-21-4 Packaging requirements

Sec. 4. (a) Except as provided in subsection (b), low THC hemp extract must be distributed in packaging that contains the following information:

(1) A scannable bar code or QR code linked to a document that contains information with respect to the manufacture of the low THC hemp extract, including the:

(A) batch identification number;

(B) product name;

(C) batch date;

(D) expiration date, which must be not more than two (2) years from the date of manufacture;

(E) batch size;

(F) total quantity produced;

(G) ingredients used, including the:

(i) ingredient name;

(ii) name of the company that manufactured the ingredient;

(iii) company or product identification number or code, if applicable; and

(iv) ingredient lot number; and

(H) download link for a certificate of analysis for the low THC hemp extract.

(2) The batch number.

(3) The Internet address of a website to obtain batch information.

(4) The expiration date.

(5) The number of milligrams of low THC hemp extract.

(6) The manufacturer.

(7) The fact that the product contains not more than three-tenths percent (0.3%) total delta-9-tetrahydrocannabinol (THC), including precursors, by weight.

(b) Before July 1, 2018, low THC hemp extract may be distributed in Indiana without having met the requirements described in subsection (a).

As added by P.L.153-2018, SEC.9. Amended by P.L.23-2026, SEC.242.

IC 24-4-21-5 Violations

Sec. 5. This section applies after June 30, 2018. A person who distributes low THC hemp extract in violation of this chapter commits a Class B infraction. However, the offense is a Class A infraction if the person has a prior unrelated judgment for a violation of this chapter. These penalties are in addition to any criminal penalties that may be imposed for unlawful possession or distribution of a controlled substance.

As added by P.L.153-2018, SEC.9.

Ch. 22 Low THC Hemp Extract Sales

IC 24-4-22-1 "Low THC hemp extract"

Sec. 1. As used in this chapter, "low THC hemp extract" has the meaning set forth in IC 35-48-1.1-27.

As added by P.L.153-2018, SEC.10. Amended by P.L.10-2019, SEC.106; P.L.186-2025, SEC.132.

IC 24-4-22-2 Application

Sec. 2. This chapter does not apply to the sale of a product that has been approved by the federal Food and Drug Administration or the federal Drug Enforcement Agency as a prescription or over the counter drug.

As added by P.L.153-2018, SEC.10.

IC 24-4-22-3 Retail sale requirements

Sec. 3. (a) Except as provided in subsection (b), a person may sell low THC hemp extract at retail only if the packaging complies with the requirements of IC 24-4-21-4.

(b) Before July 1, 2018, a person may sell low THC hemp extract at retail even if the packaging does not comply with the requirements of IC 24-4-21-4.

As added by P.L.153-2018, SEC.10.

IC 24-4-22-4 Violations

Sec. 4. This section applies after June 30, 2018. A person who violates section 3 of this chapter commits a Class C infraction. However, the violation is a Class B infraction if the person has one (1) prior unrelated judgment for a violation of section 3 of this chapter, and a Class A infraction if the person has two (2) or more prior unrelated judgments for a violation of section 3 of this chapter. These penalties are in addition to any criminal penalties that may be imposed for unlawful possession or distribution of a controlled substance.

As added by P.L.153-2018, SEC.10.

Ch. 23 Age Verification for Adult Oriented Websites

IC 24-4-23-1 "Adult oriented website"

Sec. 1. As used in this chapter, "adult oriented website" means a publicly accessible website that publishes material harmful to minors, if at least one-third (1/3) of the images and videos published on the website depict material harmful to minors.

As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.206.

IC 24-4-23-2 "Adult oriented website operator"

Sec. 2. As used in this chapter, "adult oriented website operator" means a person that owns or operates an adult oriented website. The term does not include the following:

(1) A newspaper or news service that publishes news related information through a website.

(2) A cloud service provider.

(3) An Internet provider, an affiliate or subsidiary of an Internet provider, or a search engine that:

(A) solely provides access or connection to a website or other Internet content that is not under the control of that Internet service provider, affiliate or subsidiary, or search engine; and

(B) is not responsible for creating or publishing the content that constitutes material harmful to minors.

As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.207.

IC 24-4-23-3 "Material harmful to minors"

Sec. 3. As used in this chapter, "material harmful to minors" means matter or a performance described in IC 35-49-2-2.

As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.208.

IC 24-4-23-4 "Minor"

Sec. 4. As used in this chapter, "minor" means a person less than eighteen (18) years of age.

As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.209.

IC 24-4-23-5 "Mobile credential"

Sec. 5. As used in this chapter, "mobile credential" has the meaning set forth in IC 9-13-2-103.4.

As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.210.

IC 24-4-23-6 "Person"

Sec. 6. As used in this chapter, "person" means a human being, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity.

As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.211.

IC 24-4-23-7 "Reasonable age verification method"

Sec. 7. As used in this chapter, "reasonable age verification method" means a method of determining that an individual seeking to access a website containing material harmful to minors is not a minor by using one (1) or more of the following methods:

(1) A mobile credential.

(2) An independent third party age verification service that compares the identifying information entered by the individual who is seeking access with material that is available from a commercially available data base, or an aggregate of data bases, that is regularly used by government agencies and businesses for the purpose of age and identity verification.

(3) Any commercially reasonable method that relies on public or private transactional data to verify the age of the individual attempting to access the material.

As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.212.

IC 24-4-23-8 "Transactional data"

Sec. 8. As used in this chapter, "transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. The term includes records that relate to a mortgage, education, or employment.

As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.213.

IC 24-4-23-9 "Verification information"

Sec. 9. As used in this chapter, "verification information" means all information, data, and documents provided by an individual for the purposes of verification of identity or age under this chapter.

As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.214.

IC 24-4-23-10 Age verification required for adult oriented websites

Sec. 10. An adult oriented website operator may not knowingly or intentionally publish an adult oriented website unless the adult oriented website operator uses a reasonable age verification method to prevent a minor from accessing the adult oriented website.

As added by P.L.98-2024, SEC.1.

IC 24-4-23-11 Cause of action for failure to use age verification on an adult oriented website; damages

Sec. 11. (a) If:

(1) an adult oriented website operator knowingly or intentionally publishes an adult oriented website in violation of section 10 of this chapter; and

(2) a minor accesses the adult oriented website;

the parent or guardian of the minor who accessed the adult oriented website may bring an action against the adult oriented website operator.

(b) A parent or guardian who prevails in an action described in this section is entitled to:

(1) either:

(A) actual damages; or

(B) damages of up to five thousand dollars ($5,000);

(2) injunctive relief; and

(3) court costs, reasonable attorney's fees, and other reasonable expenses of litigation, including expert witness fees.

As added by P.L.98-2024, SEC.1.

IC 24-4-23-12 Injunctive relief

Sec. 12. (a) If an adult oriented website operator publishes an adult oriented website in violation of section 10 of this chapter, any person may bring an action to seek injunctive relief.

(b) A person that brings an action for injunctive relief under this section and prevails is entitled to:

(1) injunctive relief; and

(2) court costs, reasonable attorney's fees, and other reasonable expenses of litigation, including expert witness fees.

As added by P.L.98-2024, SEC.1.

IC 24-4-23-13 Retention of age verification data prohibited

Sec. 13. (a) This section applies to a person that uses or purports to use a reasonable age verification method to grant or deny access to an adult oriented website.

(b) A person to which this section applies, and any third party verification service used by a person to which this section applies, may not retain identifying information of the person seeking access to an adult oriented website, unless retention of the identifying information is required by a court order.

(c) An individual whose identifying information is retained in violation of this section may bring an action against the person that unlawfully retained the individual's identifying information. An individual who prevails in an action described in this section is entitled to:

(1) either:

(A) actual damages; or

(B) damages of up to five thousand dollars ($5,000);

(2) injunctive relief; and

(3) court costs, reasonable attorney's fees, and other reasonable expenses of litigation, including expert witness fees.

As added by P.L.98-2024, SEC.1.

IC 24-4-23-14 Security of age verification data

Sec. 14. Adult oriented website operators must use commercially reasonable methods to secure all information collected and transmitted under this chapter.

As added by P.L.98-2024, SEC.1.

IC 24-4-23-15 Actions by the attorney general

Sec. 15. The attorney general may bring an action under this chapter to obtain any or all of the following against an adult oriented website, accessible by an Indiana resident, that does not implement or properly use a reasonable age verification method:

(1) An injunction to enjoin future violations of this chapter.

(2) A civil penalty of not more than two hundred fifty thousand dollars ($250,000).

(3) The attorney general's reasonable costs in:

(A) the investigation of the violations under this chapter; and

(B) maintaining the action.

As added by P.L.98-2024, SEC.1.

IC 24-4-23-16 Civil investigative demands

Sec. 16. When the attorney general has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in a violation of this chapter, the attorney general is empowered to issue civil investigative demands under IC 4-6-3-3 to investigate the suspected violation.

As added by P.L.98-2024, SEC.1.

IC 24-4-23-17 Confidentiality of information concerning a minor

Sec. 17. In an action filed under sections 11, 12, 13, and 15 of this chapter, the verification information of a minor who accessed the adult oriented website shall remain confidential. The clerk of the court shall place all records of the minor who accessed the adult oriented website in an envelope marked "confidential" inside the court's file pertaining to the minor. Records placed in the confidential envelope may only be released to:

(1) the judge or any authorized staff member;

(2) a party and the party's attorney;

(3) the parents of a minor who accessed the adult oriented website; or

(4) any person having a legitimate interest in the work of the court or in a particular case as determined by the presiding judge or their successor who shall consider the best interests, safety, and welfare of the minor.

As added by P.L.98-2024, SEC.1.

Ch. 23.2 Third Party Food Delivery Services

IC 24-4-23.2-1 "Affiliate"

Sec. 1. As used in this chapter, "affiliate" means any person who directly or indirectly controls, is controlled by, or is under common control of another person.

As added by P.L.136-2023, SEC.1.

IC 24-4-23.2-2 "Covered establishment"

Sec. 2. (a) As used in this chapter, "covered establishment" means a:

(1) restaurant; or

(2) food service establishment;

that offers, in a single transaction, whether directly or through a third party food delivery service, the sale and same-day delivery or pick up of food and beverages to customers.

(b) The term does not include a grocery store.

As added by P.L.136-2023, SEC.1.

IC 24-4-23.2-3 "Online order"

Sec. 3. As used in this chapter, "online order" means an order that is:

(1) placed by a customer of a covered establishment;

(2) for food and beverages prepared or provided by the covered establishment;

(3) for same-day delivery or pick up in Indiana; and

(4) made through an online modality or platform provided by a third party food delivery service, including:

(A) a website;

(B) a mobile application; or

(C) another Internet service.

As added by P.L.136-2023, SEC.1.

IC 24-4-23.2-4 "Person"

Sec. 4. As used in this chapter, "person" means an individual, a corporation, a partnership, an association, or another legal entity.

As added by P.L.136-2023, SEC.1.

IC 24-4-23.2-5 "Third party food delivery service"

Sec. 5. (a) As used in this chapter, "third party food delivery service" means a person that:

(1) uses an online modality or platform, such as:

(A) a website;

(B) a mobile application; or

(C) another Internet service;

to offer or arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one (1) or more covered establishments that are not affiliates of the person; and

(2) engages in the activities described in subdivision (1):

(A) for consideration; or

(B) for the purpose of obtaining customer data related to a transaction between a covered establishment and a customer of the covered establishment.

(b) The term does not include an:

(1) Internet service provider; or

(2) Internet search engine;

used by a third party food delivery service, a covered establishment, or a customer of a covered establishment if the Internet service provider or Internet search engine does not both receive consideration for and offer and arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one (1) or more covered establishments that are not affiliates of the Internet service provider or the Internet search engine, as described in subsection (a)(1) and (a)(2).

As added by P.L.136-2023, SEC.1.

IC 24-4-23.2-6 Provision of third party food delivery services without contract prohibited; required actions of third party food delivery service upon cancellation of contract

Sec. 6. (a) A third party food delivery service may not provide any services related to facilitating, processing, or delivering an online order for a covered establishment unless the covered establishment expressly agrees in a signed writing, or through an electronic agreement signed and dated with an electronic signature (as defined in IC 26-2-8-102), to allow the third party food delivery service to provide those services.

(b) If a covered establishment provides notice to a third party food delivery service of the covered establishment's cancellation of the covered establishment's service contract with the third party food delivery service, the third party food delivery service shall comply with any terms and conditions for cancellation specified in the contract, not later than:

(1) the time specified in the contract, if such a time is specified in the contract; or

(2) if a time is not specified in the contract, seventy-two (72) hours after the covered establishment's provision of the notice of cancellation.

Unless otherwise specified in the service contract, not later than the time specified in subdivision (1) or (2), as applicable, the third party food delivery service shall remove all menus associated with the covered establishment, whether the menus were provided to the third party food delivery service by the covered establishment or otherwise, from all online modalities or platforms of the third party food delivery service and shall cease to offer, arrange, or perform any activities related to the sale, and same-day delivery or pickup, of food and beverages prepared or provided by the covered establishment.

As added by P.L.136-2023, SEC.1.

IC 24-4-23.2-7 Actions for enforcement; remedies for violation

Sec. 7. (a) If a third party food delivery service:

(1) provides services related to facilitating, processing, or delivering an online order for a covered establishment without the covered establishment's express agreement to allow the third party food delivery service to provide those services, in violation of section 6(a) of this chapter; or

(2) fails to terminate a service contract with a covered establishment as provided in section 6(b) of this chapter;

the covered establishment may bring an action for the alleged violation in a court with jurisdiction.

(b) A court in an action brought by a covered establishment against a third party food delivery service under subsection (a) may grant a temporary injunction enjoining the third party food delivery service, during the pendency of the action, from providing services related to facilitating, processing, or delivering online orders for food or beverages prepared or provided by the covered establishment.

(c) A covered establishment that prevails in an action brought under subsection (a) is entitled to:

(1) actual damages;

(2) temporary or permanent injunctive relief;

(3) liquidated damages of not more than fifty thousand dollars ($50,000); and

(4) reasonable costs and attorney's fees;

for each transaction the third party food delivery service made with a customer for food and beverages prepared or provided by the covered establishment in violation of section 6(a) of this chapter.

As added by P.L.136-2023, SEC.1.

IC 24-4-23.2-8 Remedies cumulative and nonexclusive

Sec. 8. The remedies set forth in this chapter are:

(1) cumulative;

(2) nonexclusive; and

(3) in addition to any other legal or equitable remedy available to a person aggrieved by a violation of this chapter.

As added by P.L.136-2023, SEC.1.

Ch. 24 Consumer Genetic Testing Providers

IC 24-4-24-1 "Consumer genetic testing"

Sec. 1. (a) As used in this chapter, "consumer genetic testing" means a service in which a person:

(1) provides an individual with a means of submitting a sample of the individual's biological material directly to the person;

(2) performs, or causes to be performed, genetic testing on the submitted biological material; and

(3) returns the results of the genetic testing directly to the individual.

(b) The term does not include genetic testing:

(1) of biological material of a patient of a health care provider (as defined in IC 16-18-2-163(a)), the collection and testing of which is:

(A) performed at the request or direction of the health care provider for the purpose of the diagnosis, cure, mitigation, treatment, or prevention of a physical or mental illness, injury, disease, disorder, or disability; and

(B) subject to the Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191);

(2) performed as required by a court order;

(3) performed for purposes of a law enforcement investigation at the request or direction of a law enforcement agency;

(4) performed at the request or direction of a coroner or medical examiner for purposes of investigating the cause of an individual's death; or

(5) performed for purposes of research (as defined in 45 CFR 164.501) that is subject to:

(A) 21 CFR 50 and 21 CFR 56; or

(B) 45 CFR 46.

As added by P.L.233-2025, SEC.2.

IC 24-4-24-2 "Consumer genetic testing provider"

Sec. 2. As used in this chapter, "consumer genetic testing provider" or "provider" means a person that, in the ordinary course of the person's business:

(1) offers consumer genetic testing; or

(2) collects, uses, or analyzes genetic data that:

(A) results from a consumer genetic testing product or service; and

(B) is provided to the person by a consumer;

in exchange for consideration.

As added by P.L.233-2025, SEC.2.

IC 24-4-24-3 "Deidentified data"

Sec. 3. As used in this chapter, "deidentified data" means data that cannot reasonably be used to infer information about, or otherwise be linked to, an identifiable consumer and that:

(1) is subject to:

(A) administrative and technical measures to ensure that the data cannot be associated with a particular consumer;

(B) public commitment by the holder of the data to:

(i) maintain and use the data in deidentified form; and

(ii) not attempt to reidentify the data; and

(C) legally enforceable contractual obligations that prohibit any recipients of the data from attempting to reidentify the data; or

(2) meets requirements for deidentification of the data set forth in 45 CFR 164.514.

As added by P.L.233-2025, SEC.2.

IC 24-4-24-4 "DNA"

Sec. 4. As used in this chapter, "DNA" has the meaning set forth in IC 10-13-6-2.

As added by P.L.233-2025, SEC.2.

IC 24-4-24-5 "Genetic data"

Sec. 5. As used in this chapter, "genetic data" means any data, regardless of format, that:

(1) results from the analysis of an individual's biological material, including analysis of:

(A) the complete DNA;

(B) regions of the DNA;

(C) chromosomes;

(D) genes; or

(E) gene products; and

(2) concerns an individual's genetic characteristics.

The term does not include deidentified data.

As added by P.L.233-2025, SEC.2.

IC 24-4-24-6 "Genetic testing"

Sec. 6. As used in this chapter, "genetic testing" means analysis of genetic data.

As added by P.L.233-2025, SEC.2.

IC 24-4-24-7 "Insurer"

Sec. 7. As used in this chapter, "insurer" has the meaning set forth in IC 27-1-2-3.

As added by P.L.233-2025, SEC.2.

IC 24-4-24-8 Consumer genetic testing provider privacy policy; required disclosure

Sec. 8. (a) A consumer genetic testing provider may not perform, or cause to be performed, genetic testing on an individual's biological material unless the provider has provided the individual with a written disclosure of the provider's privacy policy, including the provider's policies and procedures regarding the provider's collection, maintenance, security, retention, and use of both biological material sent to the provider and data resulting from genetic testing performed on the biological material.

(b) The disclosure under subsection (a) must include complete information regarding the following:

(1) The identity of any third party that may perform genetic testing on biological material sent to the third party by the provider.

(2) The manner in which:

(A) biological material sent to the provider; and

(B) data resulting from genetic testing performed on biological material sent to the provider;

is stored, transferred, and secured.

(3) Any:

(A) testing or analysis that the provider performs or causes to be performed on; or

(B) other purpose for which the provider uses;

biological material sent by an individual to the provider that is in addition to the genetic testing requested by the individual.

(4) The:

(A) identity of any third party to which the provider provides access to:

(i) biological material sent to the provider; or

(ii) data resulting from genetic testing performed on biological material sent to the provider; and

(B) purpose for which the third party uses the biological material or data.

(c) A consumer genetic testing provider shall:

(1) publish the disclosure described in subsection (a) on the provider's website; and

(2) include on the provider's website prominent directions and hyperlinks to the location of the disclosure on the provider's website.

As added by P.L.233-2025, SEC.2.

IC 24-4-24-9 Acts of consumer genetic testing provider requiring consent of consumer

Sec. 9. (a) A consumer genetic testing provider that performs, or causes to be performed, genetic testing on an individual's biological material may not take any of the following actions unless the provider has solicited and received the individual's freely given, specific, informed, and unambiguous consent to the action:

(1) Perform, or cause to be performed, any testing or analysis of the individual's biological material that is not requested by the individual except as required to comply with state and federal law.

(2) Use the individual's biological material for any use other than the genetic testing requested by the individual.

(3) Subject to section 10(b) of this chapter, provide access by a third party to:

(A) the individual's biological material; or

(B) data, other than deidentified data, resulting from genetic testing performed on the individual's biological material.

(4) Retain the individual's biological material for more than thirty (30) days after the performance of the genetic testing requested by the individual, except as required to comply with state or federal law.

(5) Retain data, other than deidentified data, resulting from genetic testing performed on the individual's biological material for more than thirty (30) days after the completion of the service except as required to comply with state and federal law.

(6) Disseminate advertising or marketing communications to the individual based on the individual's genetic testing results.

(7) Provide information regarding the individual's:

(A) solicitation and use of the provider's genetic testing services; or

(B) use of the provider's:

(i) website; or

(ii) other remote or virtual services;

associated with the provider's genetic testing services;

to a third party to enable the third party to disseminate advertising or marketing communications to the individual.

(b) A provider's solicitation of an individual's consent to an action described in subsection (a) must:

(1) describe the action in terms that are sufficiently clear and concise as to be reasonably understandable by a person of ordinary intelligence; and

(2) solicit the individual's consent to the action separately from a solicitation of the individual's consent to any other action described in subsection (a).

(c) Consent to an action under subsection (a) is not freely given, specific, informed, and unambiguous if the consent is provided by any of the following means:

(1) The individual's inaction.

(2) The individual's acceptance of:

(A) general or broad terms of service; or

(B) any other document requiring agreement by an individual using the provider's services;

containing information unrelated to the action under subsection (a).

(3) The individual closing, muting, pausing, or hovering a computer cursor over a piece of content.

(4) The individual's communication of consent through an Internet user interface that is designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision making, or choice.

As added by P.L.233-2025, SEC.2.

IC 24-4-24-10 Obligations of consumer genetic testing provider; prohibition on certain disclosures by genetic testing provider; limitation on assessment of certain costs by consumer genetic testing provider

Sec. 10. (a) A consumer genetic testing provider that performs, or causes to be performed, genetic testing on an individual's biological material shall do the following:

(1) Implement commercially reasonable security measures to protect:

(A) the individual's biological material; and

(B) data resulting from genetic testing performed on the individual's biological material;

from unauthorized access, destruction, use, modification, or disclosure.

(2) Allow the individual access to any data resulting from genetic testing performed on the individual's biological material.

(3) Provide the following:

(A) A procedure by which the individual can revoke any consent provided by the individual under section 9 of this chapter. The procedure must enable the individual to communicate the revocation:

(i) directly to the provider; and

(ii) through one (1) or more means, at least one (1) of which must be the primary means by which the provider communicates with the individual.

(B) Both:

(i) notice of the existence of; and

(ii) instructions regarding the use of;

the procedure under clause (A) that are sufficiently clear and concise as to be reasonably understandable by a person of ordinary intelligence.

(4) Comply with a revocation of consent by the individual not later than thirty (30) days after the individual communicates the revocation to the provider, including by:

(A) destroying the individual's biological material not later than thirty (30) days after the individual revokes the individual's consent to the provider's retention of the biological material under section 9(a)(4) of this chapter; and

(B) destroying any data resulting from genetic testing performed on the individual's biological material not later than thirty (30) days after the individual revokes the individual's consent to the provider's retention of the data under section 9(a)(5) of this chapter.

(5) Provide a third party with access to the individual's biological material, or to data resulting from genetic testing performed on the individual's biological material, only under contractual terms that prohibit the third party from:

(A) using the biological material or data for any use to which the individual has not consented under section 9 of this chapter;

(B) providing another party with access to the biological material or data; or

(C) retaining the biological material or data longer than the provider is authorized to retain the biological material or data under this chapter.

(6) Ensure that:

(A) any advertising or marketing communications sent to the individual as a result of the individual's:

(i) solicitation and use of the provider's services; or

(ii) use of the provider's website or other remote or virtual services;

are clearly and prominently denoted as advertising or marketing materials; and

(B) advertising or marketing communications described in clause (A) that are sent by a third party clearly and prominently:

(i) identify the third party; and

(ii) notify the individual that any claims made in the advertising or marketing communications have not been evaluated by the provider.

(b) A consumer genetic testing provider may not provide data, other than deidentified data, resulting from genetic testing performed on an individual's biological material to:

(1) an insurer;

(2) a person that, in the ordinary course of the person's business, provides information or data to insurers for the purposes of underwriting or rating of risks; or

(3) a person that employs the individual;

regardless of whether the individual has consented to the provider providing third parties with access to the data under section 9(a)(3) of this chapter.

(c) A consumer genetic testing provider may not charge a fee for the provision of biological material or for the provision of data resulting from genetic testing performed on biological material:

(1) to a law enforcement agency on the basis of a search warrant; or

(2) as required by a court order;

that is more than the actual cost, not including labor costs or overhead costs, to the consumer genetic testing provider of providing the material or data.

As added by P.L.233-2025, SEC.2.

IC 24-4-24-11 Enforcement; remedies

Sec. 11. (a) The attorney general has exclusive authority to enforce the provisions of this chapter.

(b) The attorney general may initiate an action in the name of the state and may seek an injunction to restrain any violations of this chapter and a civil penalty not to exceed seven thousand five hundred dollars ($7,500) for each violation under this chapter.

(c) The attorney general may recover reasonable expenses incurred in investigating and preparing the case, including attorney's fees, in any action initiated under this section.

(d) Before initiating an action under this section, the attorney general shall provide a provider thirty (30) days written notice identifying the specific provisions of this chapter that the attorney general alleges have been or are being violated. If, within the thirty (30) day period set forth in this subsection, the provider:

(1) cures the alleged violation; and

(2) provides the attorney general an express written statement that:

(A) the alleged violation has been cured; and

(B) actions have been taken to ensure no further such violations will occur;

the attorney general shall not initiate an action against the provider.

(e) If a provider:

(1) continues an alleged violation following the thirty (30) day period set forth in subsection (d); or

(2) breaches an express written statement provided to the attorney general under subsection (d)(2);

the attorney general may initiate an action against the provider under subsection (b).

(f) Nothing in this section may be construed as providing the basis for a private right of action for violations of this chapter or any other law.

As added by P.L.233-2025, SEC.2.

Ch. 24.4 Human Trafficking Awareness at Massage Establishments

IC 24-4-24.4-1 "Massage establishment"

Sec. 1. As used in this chapter, "massage establishment" means a facility where massage therapy is provided. The term does not include the following:

(1) The office of a licensed health care practitioner (as defined in IC 20-34-5-4), if the licensed health care practitioner employs a massage therapist to perform massage therapy on the patients of the licensed health care practitioner.

(2) A public lodging establishment, if the massage therapy is provided for persons at the public lodging establishment.

(3) The residence of a massage therapist who provides massage therapy at the therapist's residence, if the massage therapist is the only person providing massage therapy at the residence.

As added by P.L.228-2025, SEC.2.

IC 24-4-24.4-2 Displaying human trafficking awareness posters

Sec. 2. The owner or operator of a massage establishment may display human trafficking awareness posters in at least two (2) public locations.

As added by P.L.228-2025, SEC.2.

IC 24-4-24.4-3 Contents of human trafficking posters

Sec. 3. The human trafficking awareness posters may include the following information:

(1) A description of human trafficking.

(2) Information about indicators of human trafficking, such as restricted freedom of movement and signs of physical abuse.

(3) Contact information for:

(A) the National Human Trafficking Hotline, including the toll free telephone number and text line; and

(B) a local law enforcement agency.

As added by P.L.228-2025, SEC.2.

Ch. 24.5 Human Trafficking Awareness at Gas Stations

IC 24-4-24.5-1 "Automotive fuel"

Sec. 1. As used in this chapter, "automotive fuel" includes diesel fuel, gasohol, or gasoline.

As added by P.L.228-2025, SEC.3.

IC 24-4-24.5-2 "Gas station"

Sec. 2. As used in this chapter, "gas station" means an establishment that is primarily engaged in the retail sale of automotive fuels.

As added by P.L.228-2025, SEC.3.

IC 24-4-24.5-3 Duty to provide human trafficking awareness information and hotline information

Sec. 3. The owner or operator of a gas station with interior space open to the public shall provide:

(1) human trafficking awareness information; and

(2) the National Human Trafficking Hotline toll free telephone number or text line;

in public restroom facilities or in a visible location on the premises.

As added by P.L.228-2025, SEC.3.

IC 24-4-24.5-4 Content of human trafficking information

Sec. 4. The human trafficking awareness information may include the following information:

(1) A description of human trafficking.

(2) Information about indicators of human trafficking, such as restricted freedom of movement and signs of physical abuse.

(3) The telephone numbers for:

(A) law enforcement; and

(B) a human trafficking hotline.

As added by P.L.228-2025, SEC.3.

Ch. 25.5 Foreign Media Ownership

IC 24-4-25.5-1 "Foreign entity"

Sec. 1. As used in this chapter, "foreign entity" means:

(1) a foreign government;

(2) one (1) or more individuals who are not United States citizens or permanent residents;

(3) an organization that:

(A) is an instrumentality of; or

(B) is controlled by;

a foreign government; or

(4) an organization with regard to which five percent (5%) or more of the:

(A) fair market value;

(B) market capitalization; or

(C) total voting rights;

are owned by a foreign government, by an individual described in subdivision (2), by an organization described in subdivision (3), or by any other entity organized under the laws of a foreign government.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-2 "Foreign government"

Sec. 2. As used in this chapter, "foreign government" means the government, or an agent or a political subdivision of the government, of a country, nation, or group of nations other than:

(1) the United States; or

(2) a state, territory, or protectorate of the United States.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-3 "Foreign ownership"

Sec. 3. As used in this chapter, "foreign ownership" means an ownership interest (including voting rights) in an Indiana media entity that is held or controlled by a foreign entity. However, the term does not include an ownership interest derived solely from holding publicly traded securities of a media entity.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-4 "Funding"

Sec. 4. As used in this chapter, "funding" means:

(1) income; or

(2) a monetary or in-kind contribution or donation.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-5 "Indiana media entity"

Sec. 5. As used in this chapter, "Indiana media entity" means a media entity that:

(1) has a physical presence in Indiana; or

(2) receives income from one (1) or more subscribers located in Indiana.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-6 "Media entity"

Sec. 6. As used in this chapter, "media entity" means one (1) or more of the following:

(1) A newspaper of general circulation in Indiana.

(2) A broadcaster serving Indiana.

(3) A website that provides news, commentary, or discussion concerning political matters to Indiana residents.

(4) Any other source of news or information that provides news, commentary, or discussion concerning political matters to Indiana residents.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-7 Indiana media entity with foreign ownership; annual report to secretary of state; required information; publication on website

Sec. 7. (a) Before December 31, 2025, and before December 31 of each year thereafter, an Indiana media entity with foreign ownership that is equal to or greater than five percent (5%) of the:

(1) fair market value;

(2) market capitalization; or

(3) total voting rights;

of the Indiana media entity must file a report with the secretary of state disclosing the foreign ownership.

(b) An Indiana media entity required to make a report under subsection (a) shall include in the report:

(1) the percentage of foreign ownership;

(2) the name of each foreign owner;

(3) the country of origin of each foreign owner; and

(4) any other relevant information required by the secretary of state.

The Indiana media entity shall publish the most recent copy of the report on the entity's website not later than seven (7) days after the report is filed with the secretary of state.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-8 Indiana media entity receiving funding from foreign entity; report to secretary of state; required information; publication on website

Sec. 8. (a) Before December 31, 2025, and before December 31 of each year thereafter, an Indiana media entity that has received at least ten thousand dollars ($10,000) in funding, in aggregate, from one (1) or more foreign entities must file a report with the secretary of state disclosing the funding.

(b) An Indiana media entity required to make a report under subsection (a) shall include in the report:

(1) the total amount of the funding;

(2) the name of each foreign entity that provided funding and the amount of funding provided;

(3) the country of origin of each foreign entity;

(4) the purpose of the funding and how the funding was used; and

(5) any other relevant information required by the secretary of state.

The Indiana media entity shall publish the most recent copy of the report on the entity's website not later than seven (7) days after the report is filed with the secretary of state.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-9 Consolidated report

Sec. 9. An Indiana media entity required to make a report under sections 7 and 8 of this chapter may file one (1) report that includes all of the information required under sections 7 and 8 of this chapter.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-10 Indiana media entity publishing or broadcasting content sourced from or influenced by foreign entity; disclosure

Sec. 10. An Indiana media entity that publishes or broadcasts content:

(1) sourced from; or

(2) influenced by;

a foreign entity must include the name of the foreign entity in the publication or broadcast.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-11 Secretary of state; compliance audits; publication of compliant Indiana media entities; civil penalty

Sec. 11. (a) The secretary of state shall conduct regular audits to ensure that an Indiana media entity complies with the requirements of this chapter.

(b) The secretary of state shall publish a list of Indiana media entities that have complied with the requirements of this chapter on the secretary of state's website.

(c) The secretary of state may impose a civil penalty of not more than fifty thousand dollars ($50,000) on an Indiana media entity that knowingly or intentionally fails to comply with the disclosure and reporting requirements of this chapter.

As added by P.L.132-2025, SEC.1.

IC 24-4-25.5-12 Indiana media entity required to report or sanctioned by secretary of state; special accreditation required for state government media event

Sec. 12. (a) This section applies to an Indiana media entity that:

(1) is required to make a report under section 7 or 8 of this chapter; or

(2) has been sanctioned by the secretary of state under section 11 of this chapter.

(b) A person to which this section applies must obtain special accreditation from the Indiana department of administration to attend a state government media event.

(c) The Indiana department of administration shall establish criteria for granting special accreditation under subsection (b). In determining whether to grant special accreditation, the department shall consider whether an Indiana media entity is included on the secretary of state's published list described in section 11(b) of this chapter.

(d) The Indiana department of administration may revoke special accreditation if a person to which this section applies has:

(1) failed to comply with the requirements of this chapter; or

(2) been removed from the secretary of state's published list of compliant media entities.

As added by P.L.132-2025, SEC.1.

Ch. 26 Advertising of Illegal Products

IC 24-4-26-1 Repealed

As added by P.L.227-2025, SEC.41. Repealed by P.L.156-2026, SEC.25.

IC 24-4-26-2 "Marijuana"

Sec. 2. As used in this chapter, "marijuana" has the meaning set forth in IC 35-48-1.1-29.

As added by P.L.227-2025, SEC.41. Amended by P.L.23-2026, SEC.243.

IC 24-4-26-3 "Person"

Sec. 3. As used in this chapter, "person" means:

(1) an individual;

(2) a proprietorship;

(3) a partnership;

(4) a firm;

(5) an association;

(6) a corporation;

(7) a limited liability company; or

(8) another legal entity.

As added by P.L.227-2025, SEC.41.

IC 24-4-26-4 Prohibition against advertising marijuana or controlled substance; removal

Sec. 4. (a) A person may not advertise a:

(1) product containing marijuana; or

(2) controlled substance listed in schedule I of IC 35-48-2;

by any medium.

(b) An advertisement in violation of subsection (a) must be removed from public circulation and not available to be viewed by the public not later than October 1, 2026.

As added by P.L.227-2025, SEC.41. Amended by P.L.156-2026, SEC.26.

IC 24-4-26-5 Action by attorney general

Sec. 5. (a) The attorney general may bring an action under this chapter to obtain any or all of the following against a person that violates this chapter:

(1) An injunction to enjoin future violations of this chapter.

(2) The following civil penalties:

(A) Not more than five thousand dollars ($5,000) for the first violation.

(B) Not more than ten thousand dollars ($10,000) for a second violation.

(C) Not more than fifteen thousand dollars ($15,000) for each additional violation.

(3) The attorney general's reasonable costs in:

(A) the investigation of the violations under this chapter; and

(B) maintaining the action.

(b) All civil penalties collected under this chapter shall be deposited in the state general fund.

As added by P.L.227-2025, SEC.41.

Ch. 27.5 Proxy Advisors

IC 24-4-27.5-0.5 "Affiliated group"

Sec. 0.5. As used in this chapter, "affiliated group" means a group of one (1) or more entities in which a controlling interest is owned by a common owner or owners, either corporate or noncorporate, or by one (1) or more of the member entities.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-0.7 "Charitable organization"

Sec. 0.7. As used in this chapter, "charitable organization" means an organization that is recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-1 "Default recommendation or policy"

Sec. 1. As used in this chapter, "default recommendation or policy" means a system, set of rules, principles, or guidelines designed to assist with voting decisions on any entity proposals or proxy proposals.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-2 "Entity"

Sec. 2. (a) As used in this chapter, "entity" means a:

(1) business corporation (as defined in IC 23-0.5-1.5-3);

(2) general partnership (as defined in IC 23-0.5-1.5-13), including a limited liability partnership (as defined in IC 23-0.5-1.5-21);

(3) limited partnership (as defined in IC 23-0.5-1.5-22); or

(4) limited liability company (as defined in IC 23-0.5-1.5-20).

(b) The term does not include:

(1) an individual;

(2) a business trust, a trust with a predominately donative purpose, or a charitable trust;

(3) an association or relationship that:

(A) is not listed in subsection (a); and

(B) is not a partnership under the rules stated in IC 23-4-1-7 or a similar provision of the law of another jurisdiction;

(4) a decedent's estate; or

(5) a government or a governmental subdivision, agency, or

instrumentality.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-3 "Entity management"

Sec. 3. As used in this chapter, "entity management" means an individual or group of individuals that actively oversee and direct an entity's activities, resources, and personnel to accomplish the entity's objectives.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-4 "Entity proposal"

Sec. 4. As used in this chapter, "entity proposal" means any proposal made by an entity to its interest holders that is included in the entity's proxy statement, including director nominations or elections or any proposal relating to director nominations or elections, executive compensation, corporate transactions, corporate structure, auditor selection, or entity policy on any subject.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-5 "Interest"

Sec. 5. As used in this chapter, "interest" means:

(1) a share in a business corporation (as defined in IC 23-0.5-1.5-3); or

(2) a governance interest or economic interest in any other type of unincorporated entity.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-6 "Interest holder"

Sec. 6. As used in this chapter, "interest holder" means a direct holder of an interest in an entity.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-7 "Proxy advisor"

Sec. 7. As used in this chapter, "proxy advisor" means a person who, for compensation, provides a proxy advisory service to interest holders of an entity or to other persons with authority to vote on behalf of interest holders of an entity. The term does not include:

(1) a financial institution (as defined in IC 4-4-28-3) that has its deposits insured by the FDIC (as defined in IC 28-6.2-1-10) and provides proxy advisory services as a result of a fiduciary duty that the financial institution owes to the recipient of the financial institution's proxy advisory services, regardless of whether the fiduciary duty is required by agreement, statute, regulation, or common law; and

(2) any:

(A) employee of a financial institution described in subdivision (1);

(B) affiliate of a financial institution described in subdivision (1); and

(C) employee of an affiliate of a financial institution described in subdivision (1).

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-8 "Proxy advisory service"

Sec. 8. (a) As used in this chapter, "proxy advisory service" means any of the following services that are provided in connection with an entity or are provided to any person in Indiana:

(1) Advice or a recommendation on how to vote on an entity proposal or proxy proposal.

(2) Proxy statement research and analysis regarding an entity proposal or proxy proposal.

(3) Development of proxy voting recommendations or policies, including establishing default recommendations or policies.

(b) The term does not include a charitable organization if:

(1) the charitable organization's gross annual revenue attributable to proxy advisory services is less than five hundred thousand dollars ($500,000); and

(2) each affiliated group of the charitable organization has a combined gross annual revenue attributable to proxy advisory services that is less than five hundred thousand dollars ($500,000), if applicable.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-9 "Proxy proposal"

Sec. 9. As used in this chapter, "proxy proposal" means any proposal made by an interest holder of an entity that is included in the entity's proxy statement, including a proposal relating to any of the subjects that could be covered by an entity proposal.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-10 "Written financial analysis"

Sec. 10. As used in this chapter, "written financial analysis" means a written document that:

(1) analyzes the expected short term and long term financial benefits and costs to an entity of implementing an entity proposal or proxy proposal;

(2) concludes what vote or course of action is most likely to positively affect interest holder value; and

(3) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the conclusion.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-11 Required actions of a proxy advisor upon recommendation against entity management

Sec. 11. (a) If a proxy advisor makes a recommendation against entity management on an entity proposal or proxy proposal, or makes a default recommendation or policy concerning votes against entity management on entity proposals or proxy proposals, and the proxy advisor does not do so based on a written financial analysis, the proxy advisor shall do the following:

(1) At the time the proxy advisor provides the proxy advisory services, provide a clear and conspicuous disclosure to each interest holder or any person acting on behalf of an interest holder receiving the proxy advisory services that:

(A) identifies the services being provided by the proxy advisor;

(B) identifies the recommendation or policy at issue; and

(C) states that the proxy advisor has made the recommendation or policy without utilizing a written financial analysis regarding the impact that the recommended action would have on entity interest holders that:

(i) analyzes the expected short term and long term financial benefits and costs to the entity of implementing the entity proposal or proxy proposal;

(ii) concludes what vote or course of action is most likely to positively affect interest holder value; and

(iii) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the conclusion.

(2) If the proxy advisor provides proxy advisory services described in section 8(1) or 8(2) of this chapter, then at the time the proxy advisor provides the proxy advisory services described in section 8(1) and 8(2) of this chapter, the proxy advisor must provide the disclosure described in subdivision (1) to entity management.

(3) For the entire time that a proxy advisor is providing proxy advisory services to an interest holder of an entity or any person acting on behalf of an interest holder of an entity, prominently display on the home page of the proxy advisor's website a statement that the proxy advisor has made a recommendation:

(A) against entity management on an entity proposal or proxy proposal; and

(B) without utilizing a written financial analysis regarding the impact that the recommended action would have on entity interest holders that:

(i) analyzes the expected short term and long term financial benefits and costs to the entity of implementing the entity proposal or proxy proposal;

(ii) concludes what vote or course of action is most likely to positively affect interest holder value; and

(iii) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the conclusion.

(b) If a proxy advisor makes a recommendation against entity management on an entity proposal or proxy proposal, or makes a default recommendation or policy concerning votes against entity management on entity proposals or proxy proposals, and the proxy advisor does so based on a written financial analysis, the proxy advisor shall do the following:

(1) At the time the proxy advisor provides the proxy advisory services, provide a clear and conspicuous disclosure to each interest holder or any person acting on behalf of an interest holder receiving the proxy advisory services that:

(A) identifies the services being provided by the proxy advisor;

(B) identifies the recommendation or policy at issue;

(C) states that the proxy advisor utilized a written financial analysis that:

(i) analyzes the expected short term and long term financial benefits and costs to the entity of implementing the entity proposal or proxy proposal;

(ii) concludes what vote or course of action is most likely to positively affect interest holder value; and

(iii) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the conclusion; and

(D) states that the written financial analysis described in clause (C) is available upon request.

(2) Make the written financial analysis described in subdivision (1)(C) available to an interest holder or any person acting on behalf of an interest holder, receiving the proxy advisory services within a reasonable time after an interest holder or any person acting on behalf of an interest holder, receiving the proxy advisory services requests the written financial analysis.

(3) If the proxy advisor provides proxy advisory services described in section 8(1) or 8(2) of this chapter, then at the time the proxy advisor provides the proxy advisory services described in section 8(1) and 8(2) of this chapter, the proxy advisor must provide a copy of the written financial analysis described in subdivision (1)(C) to entity management.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-12 Deceptive acts; action seeking declaratory judgment or injunctive relief

Sec. 12. (a) As used in this section, "interested person" means:

(1) a recipient of proxy advisory services provided by a proxy advisor;

(2) an entity that is the subject of proxy advisory services described in section 8(1) or 8(2) of this chapter provided by a proxy advisor; and

(3) any interest holder of an entity that is the subject of proxy advisory services described in section 8(1) or 8(2) of this chapter provided by a proxy advisor.

(b) A proxy advisor who violates any provision of this chapter commits a deceptive act which is actionable under IC 24-5-0.5 and subject to the penalties of IC 24-5-0.5.

(c) Notwithstanding subsection (b), an interested person may bring an action seeking a declaratory judgment or injunctive relief against a proxy advisor who the interested person believes has violated this chapter. Not later than seven (7) days after the date on which an interested person brings an action under this subsection, the interested person shall provide written notice to the attorney general that informs the attorney general of the existence of the action. The attorney general has the right to intervene in an action under this subsection.

As added by P.L.60-2026, SEC.1.

Art. 4.6 Special Provisions Concerning Certain Transactions

Ch. 1 Interest Limits and Application of Other Laws

IC 24-4.6-1-0.1 Application of certain amendments to chapter

Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The amendments made to section 101 of this chapter by P.L.149-1988 apply to the accrual of interest after June 30, 1988, on any part of a judgment that is unpaid after June 30, 1988, even if the judgment was rendered before July 1, 1988.

(2) The amendments made to section 101 of this chapter by P.L.208-1993 apply to the accrual of interest after December 31, 1993, on any part of a judgment that is unpaid after December 31, 1993, even if the judgment was rendered before January 1, 1994.

As added by P.L.220-2011, SEC.392.

IC 24-4.6-1-101 Money judgments

Sec. 101. Except as otherwise provided by statute, interest on judgments for money whenever rendered shall be from the date of the return of the verdict or finding of the court until satisfaction at:

(1) the rate agreed upon in the original contract sued upon, which shall not exceed an annual rate of eight percent (8%) even though a higher rate of interest may properly have been charged according to the contract prior to judgment; or

(2) an annual rate of eight percent (8%) if there was no contract by the parties.

Formerly: Acts 1974, P.L.115, SEC.2. As amended by Acts 1981, P.L.220, SEC.1; P.L.149-1988, SEC.1; P.L.208-1993, SEC.1.

IC 24-4.6-1-102 Rate in absence of agreement

Sec. 102. When the parties do not agree on the rate, interest on loans or forbearances of money, goods or things in action shall be at the rate of eight percent (8%) per annum until payment of judgment.

Formerly: Acts 1974, P.L.115, SEC.2.

IC 24-4.6-1-103 Date of accrual

Sec. 103. Interest at the rate of eight percent (8%) per annum shall be allowed:

(a) From the date of settlement on money due on any instrument in writing which does not specify a rate of interest and which is not covered by IC 37-2 or this article;

(b) And from the date an itemized bill shall have been rendered and payment demanded on an account stated, account closed or for money had and received for the use of another and retained without the other person's consent.

Formerly: Acts 1974, P.L.115, SEC.2. As amended by P.L.86-2018, SEC.196; P.L.115-2026, SEC.24.

IC 24-4.6-1-104 Computation of interest; methods

Sec. 104. (a) The parties may agree upon any method of computing interest on a loan or a forbearance of money, goods, or things in action if the amount of interest on the unpaid balances of the principal does not exceed any limitation imposed by law upon charges incident to the extension of credit.

(b) Methods of computing interest to which parties may agree under this section include the following:

(1) Simple interest on the unpaid balances of the principal.

(2) Simple interest on the outstanding balance of the principal to which is added past due installments of interest, the sum of which forms the principal upon which interest thereafter shall be computed. The addition to principal in this manner may occur repeatedly but not more frequently than daily.

(c) Unless the parties agree otherwise, the method of computing interest agreed upon under this section continues to apply after the term of the loan or forbearance, including after the award of a judgment on the loan or forbearance, until all principal and interest and the amount of any judgment are paid.

(d) If the parties do not agree on the method of computation, interest shall be computed and charged:

(1) at the rate agreed to by the parties or as provided in section 102 of this chapter; and

(2) according to the method described in subsection (b)(2).

As added by P.L.140-1990, SEC.1.

IC 24-4.6-1-201 Law applicable to consumer credit sales or leases

Sec. 201. IC 24-5-2-21 through IC 24-5-2-24 apply to consumer credit sales, consumer leases, and assignees thereof.

Formerly: Acts 1974, P.L.115, SEC.2. As amended by P.L.10-2006, SEC.21 and P.L.57-2006, SEC.21.

IC 24-4.6-1-202 Applicability of IC 24-5-6 to sales at residence of consumer

Sec. 202. The provisions of IC 24-5-6 (repealed) concerning sales at the residence of a consumer shall not apply to consumer credit sales or consumer leases but shall apply to all other sales at the residence of a consumer.

Formerly: Acts 1974, P.L.115, SEC.2. As amended by P.L.1-2010, SEC.98.

Ch. 3 Unauthorized Solicitation of Money Using the Name of a Public Safety Agency

IC 24-4.6-3-1 "Public safety agency" defined

Sec. 1. As used in this chapter, "public safety agency" means a state or local law enforcement or fire protection agency.

As added by P.L.173-1997, SEC.1.

IC 24-4.6-3-2 Permission for solicitation required; withdrawal of permission

Sec. 2. (a) A person may not solicit or otherwise request money from the public for any purpose:

(1) using the name of a public safety agency; or

(2) by using language that implies a connection to a public safety agency;

unless the person first receives express written permission from the public safety agency.

(b) Permission granted by a public safety agency under subsection (a) may be withdrawn by the agency if the agency finds that a person is or has been soliciting in a manner that:

(1) reflects negatively on the agency; or

(2) differs significantly from that for which permission was granted.

(c) A person shall immediately stop soliciting upon notification by a public service agency that the agency has withdrawn its permission.

As added by P.L.173-1997, SEC.1.

IC 24-4.6-3-3 Requirements for solicitation; violations

Sec. 3. (a) A solicitation of money in any form approved under section 2 of this chapter must:

(1) inform the public that the solicitation has been approved by the appropriate public safety agency; and

(2) use the correct name of the public safety agency.

(b) A person who violates this section commits a Class C infraction.

As added by P.L.173-1997, SEC.1.

IC 24-4.6-3-4 Violations

Sec. 4. A person who knowingly or intentionally violates section 2 of this chapter commits a Class A misdemeanor.

As added by P.L.173-1997, SEC.1.

Ch. 4 Coalition to Support Indiana Seniors

IC 24-4.6-4-1 "Alternative payment date process" defined

Sec. 1. As used in this chapter, "alternative payment date process" refers to the process described in section 4(d) of this chapter.

As added by P.L.25-2002, SEC.1.

IC 24-4.6-4-2 "Coalition" defined

Sec. 2. As used in this chapter, "coalition" means the coalition to support Indiana seniors established by section 4(a) of this chapter.

As added by P.L.25-2002, SEC.1.

IC 24-4.6-4-3 "Senior citizen" defined

Sec. 3. As used in this chapter, "senior citizen" means a resident of Indiana who is at least sixty (60) years of age.

As added by P.L.25-2002, SEC.1.

IC 24-4.6-4-4 Establishment and membership

Sec. 4. (a) The coalition to support Indiana seniors is established.

(b) The coalition consists of businesses that meet the requirements of this chapter.

(c) To be admitted as a member of the coalition, a business must provide written notification to the lieutenant governor that the business seeks membership and that the business meets the requirements of subsection (d).

(d) A business is eligible for membership in the coalition if the business creates a process that allows a senior citizen to have an alternative payment date for all amounts due to the business that does not conflict or pose an undue hardship with the date the senior citizen receives payments from the Social Security Administration, a pension, or any other form of retirement income. The alternative payment date process must allow a senior citizen to elect to use the alternative payment date process by contacting the business.

(e) A business that creates an alternative payment date process must:

(1) notify each senior citizen who is required to make payments to the business that the alternative payment date process has been created; and

(2) provide information to the senior citizen on using the alternative payment date process.

(f) The business must allow a senior citizen to elect to use the alternative payment date process if the senior citizen contacts the business and requests to use the alternative payment date process.

As added by P.L.25-2002, SEC.1.

IC 24-4.6-4-5 Publishing of list of members

Sec. 5. (a) The lieutenant governor shall compile a list of the members of the coalition.

(b) Not later than July 1 and December 1 of each year, the lieutenant governor shall publish the list of members of the coalition.

As added by P.L.25-2002, SEC.1.

IC 24-4.6-4-6 Member advertising

Sec. 6. A member of the coalition may display and use in advertising the following phrase:

"Member of the Coalition to Support Indiana Seniors".

As added by P.L.25-2002, SEC.1.

Ch. 5 Vehicle Owner Liability for Motor Fuel Theft

IC 24-4.6-5-1 "Motor fuel"

Sec. 1. As used in this chapter, "motor fuel" includes gasoline (as defined in IC 6-6-1.1-103(g)), special fuel (as defined in IC 6-6-2.5-22), and alternative fuel (as defined in IC 6-6-2.5-1).

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-2 "Retailer"

Sec. 2. As used in this chapter, "retailer" means a person that engages in the business of selling or distributing motor fuel to an end user within Indiana.

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-3 "Vehicle"

Sec. 3. As used in this chapter, "vehicle" has the meaning set forth in IC 6-6-5-1(b).

As added by P.L.97-2011, SEC.2. Amended by P.L.256-2017, SEC.187.

IC 24-4.6-5-4 Owner liability to retailer

Sec. 4. (a) Subject to section 6(b) of this chapter, if:

(1) motor fuel from a retailer is pumped into a vehicle; and

(2) proper payment is not made to the retailer for the motor fuel;

the owner of the vehicle is liable to the retailer for the total pump price of the motor fuel pumped into the vehicle plus a service charge of fifty dollars ($50), and the cost of certified mail, return receipt requested, or as provided in IC 1-1-7-1(a).

(b) The service charge may be imposed upon a vehicle owner when notice is mailed to the vehicle owner under section 5 of this chapter. Only one (1) service charge may be imposed under this section for each incident in which motor fuel is pumped into a vehicle and proper payment is not made.

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-5 Collection of a liability

Sec. 5. (a) To collect a liability from a vehicle owner under this chapter, an association of retailers must first send a notice of nonpayment to the vehicle owner by certified mail, return receipt requested, to the address indicated by records obtained under section 8 of this chapter.

(b) A notice sent under subsection (a) must:

(1) state the total pump price of the motor fuel pumped into the vehicle owner's vehicle and the amount of the service charge;

(2) state how the vehicle owner is to pay the liability;

(3) include a copy of this chapter and IC 34-24-3;

(4) state that, subject to section 6(b) of this chapter, the vehicle owner is subject to liability for an amount equal to triple the total pump price of the motor fuel received plus other damages under IC 34-24-3-1 if the liability is not paid within thirty (30) days; and

(5) include a signed statement by the retailer or the employee of the retailer who reported the incident in which motor fuel was pumped into the vehicle owner's vehicle and proper payment was not made, setting forth:

(A) the date, time, and location of the incident; and

(B) the license plate number of the vehicle into which the motor fuel was pumped.

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-6 Notice to owner of vehicle

Sec. 6. (a) Subject to subsection (b), if a vehicle owner does not pay the total pump price of the motor fuel pumped and the service charge within thirty (30) days after the association of retailers sends the notice to the vehicle owner under section 5 of this chapter, the vehicle owner:

(1) is liable to the retailer for:

(A) the total pump price of the motor fuel pumped, as set forth in the notice sent under section 5 of this chapter; and

(B) the service charge under section 4 of this chapter; and

(2) is subject to liability to the retailer for other damages, costs, fees, and expenses in an action brought by the retailer under IC 34-24-3-1.

(b) If a vehicle owner, not more than thirty (30) days after the association of retailers sends the notice to the vehicle owner under section 5 of this chapter, sends written notice to the association of retailers:

(1) disputing the retailer's claim that motor fuel was pumped into the vehicle owner's vehicle and proper payment was not made; or

(2) stating that, when motor fuel was pumped into the vehicle owner's vehicle and proper payment was not made, the vehicle owner was not operating the vehicle and was not responsible for paying for the motor fuel pumped into the vehicle;

the vehicle owner does not become liable to the retailer under subsection (a)(1), and the association of retailers shall cease communications and all collection efforts under this chapter. However, the retailer may pursue a civil action against the vehicle owner under IC 34-24-3-1.

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-7 Civil liability of vehicle owner

Sec. 7. If a vehicle owner does not:

(1) pay the total pump price of the motor fuel pumped and the service charge in response to a notice sent by a retailer under this chapter; or

(2) reply to the retailer's notice with a written notice under section 6(b)(1) or 6(b)(2) of this chapter;

the vehicle owner's civil liability under this chapter does not preclude criminal liability under IC 35-43-4-2, IC 35-43-4-3, IC 35-43-4-8, or any other law.

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-8 Bureau of motor vehicles rules, agreements with association of retailers, release of information; owner payment of fees

Sec. 8. (a) The bureau of motor vehicles shall adopt rules under IC 4-22-2 to implement a system by which an association of retailers may obtain the name and mailing address of the owner of a vehicle involved in an incident in which motor fuel is pumped into the vehicle and proper payment is not made. The bureau of motor vehicles may integrate any system established under this section with its existing programs for the release of information under IC 9-14-12 and IC 9-14-13.

(b) The bureau of motor vehicles may enter into an agreement with an association of retailers to establish:

(1) a fee different from the fees provided for in IC 9-14-12-7; or

(2) other negotiated terms for the release of vehicle owner records;

for purposes of the system established under this section.

(c) Any release of information by the bureau of motor vehicles under this section must be:

(1) consistent with the authority of the bureau of motor vehicles under IC 9-14-13; and

(2) in compliance with 18 U.S.C. 2721 et seq.

(d) The name and mailing address of the owner of a vehicle released by the bureau of motor vehicles under subsection (a) may be used by an association of retailers only for purposes of collection efforts under this chapter.

(e) If the owner of a vehicle makes complete payment:

(1) as set forth in section 4(a) of this chapter for the:

(A) price of motor fuel that has been pumped into the vehicle;

(B) service charge of fifty dollars ($50); and

(C) cost of certified mail; or

(2) for an amount equal to triple the pump price of the motor fuel received plus other damages under IC 34-24-3-1, as set forth in section 5(b)(4) of this chapter;

no criminal prosecution for a violation of IC 35-43-4 may be brought against the owner of the vehicle for the failure to make proper payment to a retailer under this chapter.

As added by P.L.97-2011, SEC.2. Amended by P.L.198-2016, SEC.655.

Ch. 6 Senior Consumer Protection

IC 24-4.6-6-1 Senior consumer protection act; application

Sec. 1. (a) This chapter shall be known and may be cited as the senior consumer protection act.

(b) This chapter does not apply to deception, intimidation, or other exploitation of a senior consumer in relation to insurance coverage or an insurance product that is regulated by the Indiana department of insurance. A senior consumer who is a victim of an act that is:

(1) described in section 4(a) or 4(b) of this chapter; and

(2) related to insurance coverage or an insurance product;

may report the act to the Indiana department of insurance for action by the insurance commissioner under IC 27. If the insurance commissioner determines that the person who committed the act is not subject to regulation by the Indiana department of insurance, the insurance commissioner shall immediately refer the senior consumer to the attorney general and the senior consumer may pursue remedies available under this chapter.

(c) This chapter does not apply to the exploitation of a senior consumer in relation to securities fraud that is regulated by the secretary of state's office. A senior consumer who is a victim of an act that is:

(1) described in section 4(a) or 4(b) of this chapter; and

(2) related to the Indiana uniform securities act under IC 23-19;

shall report the act to the secretary of state under IC 23-19. If the secretary of state's office determines the person who committed the act is not subject to the regulation of the secretary of state's office, the secretary of state's office shall immediately refer the senior consumer to the attorney general and the senior consumer may pursue remedies available under this chapter.

As added by P.L.250-2013, SEC.1.

IC 24-4.6-6-2 Purposes and policies

Sec. 2. (a) This chapter shall be liberally construed and applied to protect senior consumers.

(b) The purposes and policies of this chapter are to:

(1) simplify, clarify, and modernize the law concerning the ownership, control, and use of property or assets of senior consumers; and

(2) protect senior consumers from financial exploitation from persons, who by deception or intimidation, obtain control over the property or assets of a senior consumer.

As added by P.L.250-2013, SEC.1.

IC 24-4.6-6-3 Definitions

Sec. 3. The following definitions apply throughout this chapter:

(1) "Deception" means:

(A) misrepresentation or omission of any material fact relating to the terms of a contract or agreement entered into with a senior consumer or to the existing or pre-existing condition of any of the property involved in such a contract or agreement; or

(B) the use or employment of any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a senior consumer to enter into a contract or agreement.

(2) "Intimidation" means the conduct or communication by a person directed toward a senior consumer informing or implying to the senior consumer that the senior consumer will be deprived of food and nutrition, shelter, prescribed medication, or medical care and treatment if the senior consumer does not comply with the person's demands.

(3) "Person" means an individual, a corporation, the state of Indiana or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, a nonprofit corporation or organization, a cooperative, or any other legal entity.

(4) "Person in a position of trust and confidence" means a person, in relation to a senior consumer, who:

(A) is a parent, spouse, adult child, or other relative by blood or marriage of the senior consumer;

(B) is a joint tenant or tenant in common with the senior consumer;

(C) has a legal or fiduciary relationship with the senior consumer;

(D) is a financial planning or investment professional; or

(E) is a paid or unpaid caregiver for the senior consumer.

(5) "Senior consumer" means an individual who is at least sixty (60) years of age.

As added by P.L.250-2013, SEC.1.

IC 24-4.6-6-4 Financial exploitation of a senior consumer

Sec. 4. (a) A person commits financial exploitation of a senior consumer when the person knowingly and by deception or intimidation obtains control over the property of a senior consumer or illegally uses the assets or resources of a senior consumer.

(b) The illegal use of the assets or resources of a senior consumer includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, intimidation, or use of the assets or resources contrary to law.

(c) Nothing in this section shall be construed to impose civil liability on a person who has made a good faith effort to assist a senior consumer in the management of the senior consumer's property, but through no fault of the person has been unable to provide such assistance.

(d) It is not a defense in an action under this chapter that a person reasonably believed that the victim was not a senior consumer.

As added by P.L.250-2013, SEC.1.

IC 24-4.6-6-5 Action by senior consumer victim; remedies; action by attorney general

Sec. 5. (a) A senior consumer who is a victim of an act described in section 4(a) or 4(b) of this chapter may bring an action against the person who commits the act.

(b) In an action brought against a person under this section, the court may order the person to:

(1) return property or assets improperly obtained, controlled, or used; and

(2) reimburse the senior consumer for any damages incurred or for the value of the property or assets lost as a result of the violation or violations of this chapter.

(c) In addition to the remedy provided in subsection (b), a court may order the following:

(1) For knowing violations committed by a person who is not in a position of trust and confidence:

(A) payment of two (2) times the amount of damages incurred or value of property or assets lost; and

(B) payment of a civil penalty not exceeding five thousand dollars ($5,000).

(2) For knowing violations committed by a person in a position of trust and confidence:

(A) payment of treble damages; and

(B) payment of a civil penalty not exceeding ten thousand dollars ($10,000).

(d) The court may award reasonable attorney's fees to a senior consumer that prevails in an action under this section. Actual damages awarded to a person under this section have priority over any civil penalty imposed under this chapter.

(e) The burden of proof in proving that a person committed financial exploitation of a senior consumer under section 4 of this chapter is by a preponderance of the evidence.

(f) The attorney general may bring an action to enjoin an alleged commission of financial exploitation of a senior consumer and may petition the court to freeze the assets of the person allegedly committing financial exploitation of a senior consumer in an amount equal to but not greater than the alleged value of lost property or assets for purposes of restoring to the victim the value of the lost property or assets. The burden of proof required to freeze the assets of a person allegedly committing financial exploitation of a senior consumer is by a preponderance of the evidence. In addition, the court may:

(1) issue an injunction;

(2) order the person to make payment of the money unlawfully received from the senior consumer or senior consumers, to be held in escrow for distribution to the aggrieved senior consumer or senior consumers;

(3) for knowing violations, increase the amount of restitution ordered under subdivision (2) in any amount up to three (3) times the amount of damages incurred or value of property or assets lost;

(4) order the person to pay to the state the reasonable costs of the attorney general's investigation and prosecution related to the action;

(5) provide for the appointment of a receiver;

(6) for knowing violations by a person who is not in a position of trust and confidence, order the person to pay a civil penalty of up to five thousand dollars ($5,000) per violation; and

(7) for knowing violations by a person in a position of trust and confidence, order the person to pay a civil penalty of up to ten thousand dollars ($10,000) per violation.

(g) In an action under subsection (a) or (f), the court may void or limit the application of contracts or clauses resulting from the financial exploitation.

(h) In an action under subsection (a), upon the filing of the complaint or on the appearance of any defendant, claimant, or other party, or at any later time, the trial court, the supreme court, or the court of appeals may require the plaintiff, defendant, claimant, or other party or parties to give security, or additional security, in a sum the court directs to pay all costs, expenses, and disbursements that are awarded against that party or that the party may be directed to pay by any interlocutory order, by the final judgment, or on appeal.

(i) Any person who violates the terms of an injunction issued under subsection (f) shall forfeit and pay to the state a civil penalty of not more than fifteen thousand dollars ($15,000) per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction, the cause shall be continued, and the attorney general acting in the name of the state may petition for recovery of civil penalties. Whenever the court determines that an injunction issued under subsection (f) has been violated, the court shall award reasonable costs to the state.

As added by P.L.250-2013, SEC.1.

IC 24-4.6-6-6 Other rights and remedies available to senior consumers

Sec. 6. This chapter does not limit the rights or remedies that are otherwise available to a senior consumer under any other applicable provision of law.

As added by P.L.250-2013, SEC.1.

Art. 4.7 Telephone Solicitation of Consumers

Ch. 1 General Provisions

IC 24-4.7-1-1 Application

Sec. 1. This article does not apply to any of the following:

(1) A telephone call made in response to an express request of the person called.

(2) A telephone call made primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call.

(3) A telephone call made on behalf of a charitable organization that is exempt from federal income taxation under Section 501 of the Internal Revenue Code, but only if all of the following apply:

(A) The telephone call is made by a volunteer or an employee of the charitable organization.

(B) The telephone solicitor who makes the telephone call immediately discloses all of the following information upon making contact with the consumer:

(i) The solicitor's true first and last name.

(ii) The name, address, and telephone number of the charitable organization.

(4) A telephone call made by an individual licensed under IC 25-34.1 if:

(A) the sale of goods or services is not completed; and

(B) the payment or authorization of payment is not required;

until after a face to face sales presentation by the seller.

(5) A telephone call made by an individual licensed under IC 27-1-15.6 or IC 27-1-15.8 when the individual is soliciting an application for insurance or negotiating a policy of insurance on behalf of an insurer (as defined in IC 27-1-2-3).

(6) A telephone call soliciting the sale of a newspaper of general circulation, but only if the telephone call is made by a volunteer or an employee of the newspaper.

(7) Any telephone call made to a consumer by a communications service provider (as defined in IC 8-1-32.5-4) that:

(A) offers broadband Internet service; and

(B) has an established business relationship (as defined in 47 CFR 64.1200) with the consumer.

(8) Any telephone call made to a consumer by:

(A) a financial institution organized or reorganized under the laws of any state or the United States; or

(B) a person licensed by the department of financial institutions under IC 37-1, IC 37-2, or 750 IAC 9;

that has an established business relationship (as defined in 47 CFR 64.1200) with the consumer.

As added by P.L.189-2001, SEC.1. Amended by P.L.97-2004, SEC.90; P.L.242-2019, SEC.1; P.L.115-2026, SEC.25.

IC 24-4.7-1-2 Compliance with other law

Sec. 2. This article does not relieve a person from complying with any other applicable law.

As added by P.L.189-2001, SEC.1.

Ch. 2 Definitions

IC 24-4.7-2-1 Applicability of definitions

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-1.7 "Caller"

Sec. 1.7. "Caller" has the meaning set forth in IC 24-5-14-2.

As added by P.L.61-2014, SEC.1.

IC 24-4.7-2-2 "Consumer"

Sec. 2. (a) "Consumer" means a residential telephone subscriber who:

(1) for the telephone service received:

(A) has a place of primary use in Indiana; or

(B) is issued an Indiana telephone number or an Indiana identification number; and

(2) is an actual or a prospective:

(A) purchaser, lessee, or recipient of consumer goods or services; or

(B) donor to a charitable organization.

(b) The term includes a user of a prepaid wireless calling service (as defined in IC 6-2.5-1-22.4) who:

(1) is issued an Indiana telephone number or an Indiana identification number for the service; or

(2) purchases prepaid wireless calling service in a retail transaction that is sourced to Indiana (as determined under IC 6-2.5-12-16).

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.6.

IC 24-4.7-2-3 "Consumer goods or services"

Sec. 3. "Consumer goods or services" means any of the following:

(1) Tangible or intangible personal property or real property that is normally used for personal, family, or household purposes.

(2) Property intended to be attached to or installed on real property without regard to whether it is attached or installed.

(3) Services related to property described in subdivision (1) or (2).

(4) Credit cards or the extension of credit.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-4 "Division"

Sec. 4. "Division" refers to the consumer protection division of the office of the attorney general.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-5 "Doing business in Indiana"

Sec. 5. (a) "Doing business in Indiana" means:

(1) making; or

(2) causing others to make;

telephone sales calls to consumers located in Indiana whether the telephone sales calls are made from a location in Indiana or outside Indiana.

(b) A person that controls, directly or indirectly, one (1) or more persons that make or cause another person to make a telephone call to a consumer located in Indiana is "doing business in Indiana", no matter where the person is located or domiciled.

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.7; P.L.153-2017, SEC.1.

IC 24-4.7-2-5.5 "Executive"

Sec. 5.5. "Executive" means any of the following, as applicable:

(1) With respect to a corporation, a person who is or performs the duties of the:

(A) president;

(B) chief executive officer;

(C) treasurer; or

(D) chief financial officer;

of the corporation.

(2) With respect to a partnership, a partner authorized to act on behalf of the partnership.

(3) With respect to a limited liability company, a member of the limited liability company who has not had the member's authority to act on behalf of the limited liability company revoked.

As added by P.L.242-2019, SEC.2.

IC 24-4.7-2-6 "Fund"

Sec. 6. "Fund" refers to the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-7 "Listing"

Sec. 7. "Listing" refers to the no telephone sales solicitation listing published by the division under IC 24-4.7-3 that lists the telephone numbers of consumers who do not wish to receive telephone sales calls.

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.8.

IC 24-4.7-2-7.3 "Person"

Sec. 7.3. "Person" means:

(1) an individual, a firm, an organization, a partnership, an association, or a corporation, including affiliates and subsidiaries; or

(2) any other legal entity.

As added by P.L.153-2017, SEC.2.

IC 24-4.7-2-7.5 "Place of primary use"

Sec. 7.5. "Place of primary use", with respect to a telephone subscriber, means the street address representative of where the subscriber's use of the telephone service primarily occurs, which must be:

(1) the residential street address of the subscriber or, in the case of a subscriber of interconnected VOIP service, the subscriber's registered location (as defined in 47 CFR 9.3); and

(2) in the case of mobile telecommunications services (as defined in IC 6-8.1-15-7), within the licensed service area of the home service provider, as set forth in IC 6-8.1-15-8.

As added by P.L.226-2011, SEC.9.

IC 24-4.7-2-7.7 "Supplier"

Sec. 7.7. "Supplier" has the meaning set forth in IC 24-5-0.5-2(a)(3).

As added by P.L.61-2014, SEC.2.

IC 24-4.7-2-8 "Telephone number"

Sec. 8. "Telephone number" means a residential telephone number that:

(1) is assigned to a subscriber who has a place of primary use in Indiana; or

(2) otherwise represents an Indiana telephone number or is associated with an Indiana identification number.

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.10.

IC 24-4.7-2-9 "Telephone sales call"

Sec. 9. (a) "Telephone sales call" means a telephone call made to a consumer for any of the following purposes:

(1) Solicitation of a sale of consumer goods or services.

(2) Solicitation of a charitable contribution.

(3) Obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.

(b) The term includes any of the following:

(1) A call made by use of an automated dialing device.

(2) A call made by use of a recorded message device.

(3) Transmission of:

(A) a text message;

(B) a graphic message;

(C) an image;

(D) a photograph; or

(E) a multimedia message;

to a telephone number through the use of short message service (SMS), multimedia messaging service (MMS), over-the-top (OTT) messaging or voice calling service, or any other technology or service that transmits messages to a device.

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.11; P.L.148-2024, SEC.13.

IC 24-4.7-2-10 "Telephone solicitor"

Sec. 10. "Telephone solicitor" means a person doing business in Indiana. The term includes a person that controls, directly or indirectly, one (1) or more other persons.

As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.3.

Ch. 3 Duties of the Division

IC 24-4.7-3-1 Quarterly listing

Sec. 1. (a) A quarterly listing of telephone numbers of Indiana consumers who request not to be solicited by telephone shall be established, maintained, and published as provided in this section.

(b) The telephone number of a consumer shall be placed on the listing if the consumer requests to be added to the listing according to a procedure approved by the division.

(c) The listing shall be updated upon receipt of a request from a consumer.

(d) A telephone solicitor may obtain a copy of the listing upon request of the telephone solicitor as provided in this section.

(e) The division shall establish a fee to be paid by a telephone solicitor for obtaining a copy of the listing. The fee established under this subsection may not exceed the amount necessary to cover the cost of providing the listing to telephone solicitors.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-3-2 Agents

Sec. 2. (a) The division may contract with an agent to perform the division's duties under section 1 of this chapter if both of the following conditions are satisfied:

(1) The agent has demonstrated experience in maintaining a national no sales solicitation calls listing.

(2) The contract requires the vendor to provide the listing in:

(A) a printed hard copy format; and

(B) any other format offered;

at a cost that does not exceed the production cost of the format offered.

(b) If the division enters into a contract under this section, the division must retain the ultimate authority for the following:

(1) Approval of the procedures for establishment, maintenance, and publication of the listing.

(2) Establishing fees required by section 1(e) of this chapter.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-3-3 Investigation

Sec. 3. The division shall investigate complaints received concerning violations of this article.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-3-4 Required notice to Indiana residents

Sec. 4. The division shall notify Indiana residents of the following:

(1) The rights and duties created by this article, including the right of any of the following consumers to place a telephone number on the listing established and maintained under section 1 of this chapter:

(A) Subscribers of interconnected VOIP service.

(B) Subscribers of mobile telecommunications service (as defined in IC 6-8.1-15-7).

(C) Users of a prepaid wireless calling service, as described in IC 24-4.7-2-2(b).

(2) The prohibition under 47 U.S.C. 227(b) against a person making any call using an:

(A) automatic telephone dialing system; or

(B) artificial or prerecorded voice;

to any telephone number assigned to a mobile telecommunications service (as defined in IC 6-8.1-15-7), or to another radio common carrier service.

(3) The prohibition under 47 U.S.C. 227(b) against a person initiating any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior consent of the called party, subject to the exceptions set forth in 47 U.S.C. 227(b).

(4) Information concerning the placement of a telephone number on the National Do Not Call Registry operated by the Federal Trade Commission.

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.12; P.L.242-2019, SEC.3.

IC 24-4.7-3-5 Reports

Sec. 5. (a) The division shall, after June 30 and before October 1 of each year, report to the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 on the following:

(1) The total amount of fees deposited in the fund during the most recent state fiscal year.

(2) The expenses incurred by the division in maintaining and promoting the listing during the most recent state fiscal year.

(3)The projected budget required by the division to comply with this article during the current state fiscal year.

(4) Any other expenses incurred by the division in complying with this article during the most recent state fiscal year.

(5) The total number of subscribers on the listing at the end of the most recent state fiscal year.

(6) The number of new subscribers added to the listing during the most recent state fiscal year.

(7) The number of subscribers removed from the listing for any reason during the most recent state fiscal year.

(b) The interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4 shall, before November 1 of each year, issue in an electronic format under IC 5-14-6 a report and recommendations to the legislative council concerning the information received under subsection (a).

As added by P.L.189-2001, SEC.1. Amended by P.L.28-2004, SEC.163; P.L.53-2014, SEC.139.

IC 24-4.7-3-6 Consumer protection division telephone solicitation fund

Sec. 6. (a) The consumer protection division telephone solicitation fund is established for the following purposes:

(1) The administration of:

(A) this article;

(B) IC 24-5-0.5-3(b)(19);

(C) IC 24-5-12;

(D) IC 24-5-14; and

(E) IC 24-5-14.5.

(2) The reimbursement of prosecuting attorneys for expenses incurred in extraditing violators of any statute set forth in subdivision (1).

The fund shall be used exclusively for these purposes.

(b) The division shall administer the fund.

(c) The fund consists of all revenue received:

(1) under this article;

(2) from civil penalties recovered under IC 24-5-0.5-4(h);

(3) from civil penalties recovered after June 30, 2019, under IC 24-5-12-23(b);

(4) from civil penalties recovered after June 30, 2019, under IC 24-5-14-13(b); and

(5) from civil penalties recovered under IC 24-5-14.5-12.

(d) Money in the fund is continuously appropriated to the division for the purposes set forth in subsection (a).

(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund. However, if the amount of money in the fund at the end of a particular state fiscal year exceeds two hundred thousand dollars ($200,000), the treasurer of state shall transfer the excess from the fund to the state general fund.

As added by P.L.189-2001, SEC.1. Amended by P.L.85-2006, SEC.1; P.L.151-2013, SEC.5; P.L.65-2014, SEC.5; P.L.242-2019, SEC.4; P.L.148-2024, SEC.14.

IC 24-4.7-3-7 Adoption of rules

Sec. 7. The division may adopt rules under IC 4-22-2 to implement this article.

As added by P.L.189-2001, SEC.1.

Ch. 4 Telephone Solicitations

IC 24-4.7-4-1 Prohibitions

Sec. 1. A telephone solicitor may not make or cause to be made a telephone sales call to a telephone number if that telephone number appears in the most current quarterly listing published by the division.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-4-2 Violations; disclosure

Sec. 2. A telephone solicitor who makes a telephone sales call to a telephone number shall immediately disclose the following information upon making contact with the consumer:

(1) The solicitor's true first and last name.

(2) The name of the business or person on whose behalf the telephone solicitor is soliciting.

(3) The person with which the solicitor is employed or has contracted.

As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.4.

IC 24-4.7-4-3 Consumer information containing telephone numbers; exclusion of numbers on listing required; exception

Sec. 3. (a) This section does not apply to a person obtaining consumer information for inclusion in directory assistance and telephone directories sold by telephone companies.

(b) A telephone solicitor, a supplier, a caller, or any other person who obtains consumer information that includes telephone numbers shall exclude the telephone numbers that appear on the division's most current listing.

As added by P.L.189-2001, SEC.1. Amended by P.L.61-2014, SEC.3.

IC 24-4.7-4-4 Contracts and sales

Sec. 4. (a) This section does not apply to any of the following:

(1) A sale in which:

(A) no prior payment is made to a merchant;

(B) an invoice accompanies the goods or services; and

(C) a consumer is allowed seven (7) days to cancel the services or return the goods without obligation for payment.

(2) A contractual agreement that:

(A) requires payment; and

(B) allows the consumer at least ten (10) days to cancel the contract and receive a full refund of the payment.

(3) A sale regulated by 170 IAC 7-1.1-19.

(4) A newspaper subscription executed through a telephone call.

(b) A contract made under a telephone sales call is not valid and enforceable against a consumer unless the contract complies with this section.

(c) A contract made under a telephone sales call must satisfy all of the following:

(1) The contract must be reduced to writing and signed by the consumer.

(2) The contract must contain the name, address, and business telephone number of the seller, the total price of the contract, and a detailed description of the goods or services being sold.

(3) The description of goods or services as stated in the contract must be the same as the description principally used in the telephone solicitation.

(4) The contract must contain, in bold, conspicuous type immediately preceding the signature the words "you are not obligated to pay any money unless you sign this contract and return it to the seller".

(5) The contract may not exclude from its terms any oral or written representations made by the telephone solicitor to the consumer in connection with the transaction.

As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.1.

IC 24-4.7-4-5 Transactions

Sec. 5. (a) This section does not apply to any of the following:

(1) A transaction made in accordance with prior negotiations in the course of a visit by a consumer to a merchant that operates a retail business establishment that has a fixed, permanent location where consumer goods are displayed or offered for sale on a continuing basis.

(2) A transaction in which:

(A) a consumer may obtain a full refund for the return of undamaged and unused goods; or

(B) a consumer may, within seven (7) days after receipt of merchandise by a consumer, give a cancellation of services notice to a seller and return the merchandise, and the seller must process the refund within thirty (30) days after receipt of the returned merchandise.

(3) A transaction in which a consumer purchases goods or services under a television, radio, or print advertisement or a sample, brochure, or catalog of a merchant that contains:

(A) the name, address, and business telephone number of the merchant;

(B) a description of the goods or services being sold; and

(C) limitations or restrictions that apply to the offer.

(4) A transaction in which a merchant is a bona fide charitable organization.

(b) A contract made under a telephone sales call in violation of this section is not valid and enforceable against a consumer.

(c) A merchant who engages a telephone solicitor to make or cause to be made a telephone sales call may not:

(1) make or submit a charge to a consumer's credit card account; or

(2) make or cause to be made any electronic transfer of funds;

until the merchant receives from the consumer a copy of the contract, signed by the consumer, that complies with this chapter.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-4-6 Compliance with other applicable laws

Sec. 6. A telephone solicitor, a supplier, or a caller must also comply with all other applicable laws, including the following, if applicable:

(1) IC 24-5-12.

(2) IC 24-5-14.

(3) IC 24-5-14.5.

As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.2; P.L.61-2014, SEC.4.

IC 24-4.7-4-7 Prohibitions; providing telephone numbers for solicitation purposes; transferring live calls; providing assistance or support to violators; inapplicability to communications service providers

Sec. 7. (a) This section does not apply to the sale, transfer, or provision of a consumer's telephone number to a person that is exempt from this article under IC 24-4.7-1-1.

(b) A telephone solicitor, a supplier, or a caller may not sell, transfer, or make available to another person for solicitation purposes a consumer's telephone number if the telephone solicitor, supplier, or caller knows that the telephone number appears in the most current quarterly listing published by the division.

(c) A telephone solicitor, a supplier, or a caller may not transfer a live call to one (1) or more other persons if the call has been placed to a consumer in violation of this article or IC 24-5-14.

(d) A telephone solicitor, a supplier, or a caller may not provide substantial assistance or support to another person if the telephone solicitor, supplier, or caller knows or consciously avoids knowing that the person has engaged in any act or practice that violates this article or IC 24-5-14.

(e) A person may not provide substantial assistance or support to a telephone solicitor, a supplier, or a caller if the person knows or consciously avoids knowing that the telephone solicitor, supplier, or caller has engaged in any act or practice that violates this article or IC 24-5-14. A communications service provider (as defined in IC 8-1-32.5-4) does not violate this subsection, and this subsection does not:

(1) provide a right of action against a communications service provider; or

(2) subject a communications service provider to any criminal penalties or civil remedies set forth in this article or in IC 24-5-14;

if the communications service provider's equipment or services are used only to transport, handle, or retransmit a communication that violates this article or IC 24-5-14.

As added by P.L.61-2014, SEC.5. Amended by P.L.227-2015, SEC.1.

Ch. 5 Civil Remedies

IC 24-4.7-5-0.1 Application of certain amendments to chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.222-2005 apply only to a contract entered into or renewed after July 1, 2005.

As added by P.L.220-2011, SEC.393.

IC 24-4.7-5-1 Deceptive acts; state contractors

Sec. 1. (a) A telephone solicitor, a supplier, or a caller who fails to comply with any provision of IC 24-4.7-4 commits a deceptive act that is actionable by the attorney general under this chapter.

(b) A person who directly or indirectly controls a person that fails to comply with any provision of IC 24-4.7-4 commits a separate deceptive act that is actionable by the attorney general under this chapter.

(c) If:

(1) the person described in subsection (b) is an executive with respect to a telephone solicitor, a supplier, or a caller; and

(2) the telephone solicitor, supplier, or caller fails to comply with any provision of IC 24-4.7-4;

the person described in subsection (b) commits a separate deceptive act that is actionable by the attorney general under this chapter.

(d) A contractor who contracts or seeks to contract with the state:

(1) may be prohibited from contracting with the state; or

(2) may have an existing contract with the state voided;

if the contractor, an affiliate or principal of the contractor, a person that directly or indirectly controls the contractor, any agent acting on behalf of the contractor or an affiliate or principal of the contractor, or a person that directly or indirectly controls the agent does not comply or has not complied with the terms of this article, even if this article is preempted by federal law.

As added by P.L.189-2001, SEC.1. Amended by P.L.165-2005, SEC.5 and P.L.222-2005, SEC.32; P.L.61-2014, SEC.6; P.L.153-2017, SEC.5; P.L.242-2019, SEC.5.

IC 24-4.7-5-2 Remedies

Sec. 2. (a) In an action under this chapter, the attorney general may obtain any or all of the following:

(1) An injunction to enjoin future violations of IC 24-4.7-4.

(2) A civil penalty of not more than the following:

(A) Ten thousand dollars ($10,000) for the first violation of IC 24-4.7-4.

(B) Twenty-five thousand ($25,000) dollars for each violation after the first violation.

For purposes of this subdivision, each telephone call in violation of IC 24-4.7-4-1 is considered a separate violation.

(3) All money the defendant obtained through violation of IC 24-4.7-4.

(4) The attorney general's reasonable costs in:

(A) the investigation of the deceptive act; and

(B) maintaining the action.

(5) Reasonable attorney's fees.

(6) Costs of the action.

(b) Except as provided in subsection (c), the attorney general may obtain the remedies described in subsection (a) separately against or from each person that violates IC 24-4.7-4-1, including a person that directly or indirectly controls a person that violates IC 24-4.7-4-1.

(c) This subsection applies only to a person that directly or indirectly controls a person that violates IC 24-4.7-4-1. A person to which this subsection applies is not liable for a civil penalty under subsection (a)(2) if the person establishes by a preponderance of the evidence that the person:

(1) did not know; and

(2) in the exercise of reasonable care could not have known;

of the violation.

As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.6.

IC 24-4.7-5-3 Voidable contracts

Sec. 3. In an action under this chapter, the court may void or limit the application of contracts or clauses resulting from deceptive acts and order restitution to be paid to an aggrieved consumer.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-5-4 Statute of limitations

Sec. 4. An action brought under this chapter may not be brought more than two (2) years after the occurrence of the deceptive act.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-5-5 Jurisdiction

Sec. 5. An action under this chapter may be brought in the circuit or superior court of Marion County.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-5-6 Representation of state

Sec. 6. The attorney general may employ counsel to represent the state in an action under this chapter.

As added by P.L.189-2001, SEC.1.

Art. 4.8 Prohibited Spyware

Ch. 1 Definitions

IC 24-4.8-1-1 Application

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-2 "Advertisement"

Sec. 2. "Advertisement" means a communication that has the primary purpose of promoting a commercial product or service.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-3 "Computer software"

Sec. 3. (a) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer.

(b) The term does not include computer software that is a web page or a data component of a web page that is not executable independently of the web page.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-4 "Damage"

Sec. 4. "Damage" means a significant impairment to the integrity or availability of data, computer software, a system, or information.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-5 "Execute"

Sec. 5. "Execute" means to perform a function or carry out an instruction of computer software.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-6 "Intentionally deceptive means"

Sec. 6. "Intentionally deceptive means" means any of the following:

(1) A materially false statement that a person knows to be false.

(2) A statement or description made by a person who omits or misrepresents material information with the intent to deceive an owner or operator of a computer.

(3) The failure to provide notice to an owner or operator of a computer regarding the installation or execution of computer software with the intent to deceive the owner or operator.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-7 "Internet"

Sec. 7. "Internet" has the meaning set forth in IC 5-22-2-13.5.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-8 "Owner or operator"

Sec. 8. (a) "Owner or operator" means the person who owns or leases a computer or a person who uses a computer with the authorization of the person who owns or leases the computer.

(b) The term does not include a manufacturer, distributor, wholesaler, retail merchant, or any other person who owns or leases a computer before the first retail sale of the computer.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-9 "Person"

Sec. 9. "Person" means an individual, a partnership, a corporation, a limited liability company, or another organization.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-10 "Personally identifying information"

Sec. 10. "Personally identifying information" means the following information that refers to a person who is an owner or operator of a computer:

(1) Identifying information (as defined in IC 35-43-5-1).

(2) An electronic mail address.

(3) Any of the following information in a form that personally identifies an owner or operator of a computer:

(A) An account balance.

(B) An overdraft history.

(C) A payment history.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-11 "Transmit"

Sec. 11. (a) Except as provided in subsection (b), "transmit" means to transfer, send, or otherwise make available computer software or a computer software component through a network, the Internet, a wireless transmission, or any other medium, including a disk or data storage device.

(b) "Transmit" does not include an action by a person who provides:

(1) the Internet connection, telephone connection, or other means of connection for an owner or operator, including a compact disc or DVD on which computer software to establish or maintain a connection is made available;

(2) the storage or hosting of computer software or an Internet web page through which the computer software was made available; or

(3) an information location tool, including a directory, an index, a reference, a pointer, or a hypertext link, through which the owner or operator of the computer located the software;

unless the person receives a direct economic benefit from the execution of the computer software.

As added by P.L.115-2005, SEC.1.

Ch. 2 Prohibited Conduct

IC 24-4.8-2-1 Application

Sec. 1. This chapter does not apply to a person who monitors or interacts with an owner or operator's Internet connection, Internet service, network connection, or computer if the person is a telecommunications carrier, cable operator, computer hardware or software provider, or other computer service provider who monitors or interacts with an owner or operator's Internet connection, Internet service, network connection, or computer for one (1) or more of the following purposes:

(1) Network security.

(2) Computer security.

(3) Diagnosis.

(4) Technical support.

(5) Maintenance.

(6) Repair.

(7) Authorized updates of software or system firmware.

(8) Authorized remote system management.

(9) Detection or prevention of the unauthorized, illegal, or fraudulent use of a network, service, or computer software, including scanning for and removing computer software that facilitates a violation of this chapter.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-2-2 Prohibited conduct by owners or operators of computers

Sec. 2. A person who is not the owner or operator of the computer may not knowingly or intentionally:

(1) transmit computer software to the computer; and

(2) by means of the computer software transmitted under subdivision (1), do any of the following:

(A) Use intentionally deceptive means to modify computer settings that control:

(i) the page that appears when an owner or operator opens an Internet browser or similar computer software used to access and navigate the Internet;

(ii) the Internet service provider, search engine, or web proxy that an owner or operator uses to access or search the Internet; or

(iii) the owner or operator's list of bookmarks used to access web pages.

(B) Use intentionally deceptive means to collect personally identifying information:

(i) through the use of computer software that records a keystroke made by an owner or operator and transfers that information from the computer to another person; or

(ii) in a manner that correlates the personally identifying information with data respecting all or substantially all of the websites visited by the owner or operator of the computer, not including a website operated by the person collecting the personally identifying information.

(C) Extract from the hard drive of an owner or operator's computer:

(i) a credit card number, debit card number, bank account number, or any password or access code associated with these numbers;

(ii) a Social Security number, tax identification number, driver's license number, passport number, or any other government issued identification number; or

(iii) the account balance or overdraft history of a person in a form that identifies the person.

(D) Use intentionally deceptive means to prevent reasonable efforts by an owner or operator to block or disable the installation or execution of computer software.

(E) Knowingly or intentionally misrepresent that computer software will be uninstalled or disabled by an owner or operator's action.

(F) Use intentionally deceptive means to remove, disable, or otherwise make inoperative security, antispyware, or antivirus computer software installed on the computer.

(G) Take control of another person's computer with the intent to cause damage to the computer or cause the owner or operator to incur a financial charge for a service that the owner or operator has not authorized by:

(i) accessing or using the computer's modem or Internet service; or

(ii) without the authorization of the owner or operator, opening multiple, sequential, standalone advertisements in the owner or operator's Internet browser that a reasonable computer user cannot close without turning off the computer or closing the browser.

(H) Modify:

(i) computer settings that protect information about a person with the intent of obtaining personally identifying information without the permission of the owner or operator; or

(ii) security settings with the intent to cause damage to a computer.

(I) Prevent reasonable efforts by an owner or operator to block or disable the installation or execution of computer software by:

(i) presenting an owner or operator with an option to decline installation of computer software knowing that the computer software will be installed even if the owner or operator attempts to decline installation; or

(ii) falsely representing that computer software has been disabled.

As added by P.L.115-2005, SEC.1. Amended by P.L.23-2026, SEC.245.

IC 24-4.8-2-3 Prohibited conduct by persons who are not owners or operators of computers

Sec. 3. A person who is not the owner or operator may not knowingly or intentionally do any of the following:

(1) Induce the owner or operator to install computer software on the owner or operator's computer by knowingly or intentionally misrepresenting the extent to which installing the computer software is necessary for:

(A) computer security;

(B) computer privacy; or

(C) opening, viewing, or playing a particular type of content.

(2) Use intentionally deceptive means to execute or cause the execution of computer software with the intent to cause the owner or operator to use the computer software in a manner that violates subdivision (1).

As added by P.L.115-2005, SEC.1.

Ch. 3 Relief and Damages

IC 24-4.8-3-1 Civil action

Sec. 1. In addition to any other remedy provided by law, a provider of computer software, the owner of a website, or the owner of a trademark who is adversely affected by reason of the violation may bring a civil action against a person who violates IC 24-4.8-2:

(1) to enjoin further violations of IC 24-4.8-2; and

(2) to recover the greater of:

(A) actual damages; or

(B) one hundred thousand dollars ($100,000);

for each violation of IC 24-4.8-2.

As added by P.L.115-2005, SEC.1. Amended by P.L.23-2026, SEC.246.

IC 24-4.8-3-2 Separate violations

Sec. 2. For purposes of section 1 of this chapter, conduct that violates more than one (1) subdivision, clause, or item of IC 24-4.8-2 constitutes a separate violation for each separate subdivision, clause, or item violated. However, a single action or course of conduct that causes repeated violations of a single subdivision, clause, or item of IC 24-4.8-2 constitutes one (1) violation.

As added by P.L.115-2005, SEC.1.

Art. 4.9 Disclosure of Security Breach

Ch. 1 Application

IC 24-4.9-1-1 Applicability

Sec. 1. This article does not apply to:

(1) a state agency (as defined in IC 4-1-10-2); or

(2) the judicial or legislative department of state government.

As added by P.L.125-2006, SEC.6.

Ch. 2 Definitions

IC 24-4.9-2-1 Applicability

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-2 "Breach of the security of data"

Sec. 2. (a) "Breach of the security of data" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a person. The term includes the unauthorized acquisition of computerized data that have been transferred to another medium, including paper, microfilm, or a similar medium, even if the transferred data are no longer in a computerized format.

(b) The term does not include the following:

(1) Good faith acquisition of personal information by an employee or agent of the person for lawful purposes of the person, if the personal information is not used or subject to further unauthorized disclosure.

(2) Unauthorized acquisition of a portable electronic device on which personal information is stored, if all personal information on the device is protected by encryption and the encryption key:

(A) has not been compromised or disclosed; and

(B) is not in the possession of or known to the person who, without authorization, acquired or has access to the portable electronic device.

As added by P.L.125-2006, SEC.6. Amended by P.L.136-2008, SEC.2; P.L.137-2009, SEC.3.

IC 24-4.9-2-3 "Data base owner"

Sec. 3. "Data base owner" means a person that owns or licenses computerized data that includes personal information.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-4 "Doing business in Indiana"

Sec. 4. "Doing business in Indiana" means owning or using the personal information of an Indiana resident for commercial purposes.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-5 Encrypted data

Sec. 5. Data are encrypted for purposes of this article if the data:

(1) have been transformed through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key; or

(2) are secured by another method that renders the data unreadable or unusable.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-6 "Financial institution"

Sec. 6. "Financial institution" means a financial institution as defined in:

(1) IC 28-1-1-3, other than a consumer finance institution licensed to make supervised or regulated loans under IC 37-2; or

(2) 15 U.S.C. 6809(3).

As added by P.L.125-2006, SEC.6. Amended by P.L.115-2026, SEC.26.

IC 24-4.9-2-7 "Indiana resident"

Sec. 7. "Indiana resident" means a person whose principal mailing address is in Indiana, as reflected in records maintained by the data base owner.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-8 "Mail"

Sec. 8. "Mail" has the meaning set forth in IC 23-1-20-15.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-9 "Person"

Sec. 9. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, an association, a nonprofit corporation or organization, a cooperative, or any other legal entity.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-10 "Personal information"

Sec. 10. "Personal information" means:

(1) a Social Security number that is not encrypted or redacted;

(2) an individual's first and last names, or first initial and last name, and one (1) or more of the following data elements that are not encrypted or redacted:

(A) A driver's license number.

(B) A state identification card number.

(C) A credit card number.

(D) A financial account number or debit card number in combination with a security code, password, or access code that would permit access to the person's account; or

(3) information collected by an adult oriented website operator, or their designee, under IC 24-4-23.

The term does not include information that is lawfully obtained from publicly available information or from federal, state, or local government records lawfully made available to the general public.

As added by P.L.125-2006, SEC.6. Amended by P.L.98-2024, SEC.2.

IC 24-4.9-2-11 Redacted data or personal information

Sec. 11. (a) Data are redacted for purposes of this article if the data have been altered or truncated so that not more than the last four (4) digits of:

(1) a driver's license number;

(2) a state identification number; or

(3) an account number;

is accessible as part of personal information.

(b) For purposes of this article, personal information is "redacted" if the personal information has been altered or truncated so that not more than five (5) digits of a Social Security number are accessible as part of personal information.

As added by P.L.125-2006, SEC.6.

Ch. 3 Disclosure and Notification Requirements

IC 24-4.9-3-1 Disclosure of breach

Sec. 1. (a) Except as provided in section 4(c), 4(d), and 4(e) of this chapter, after discovering or being notified of a breach of the security of data, the data base owner shall disclose the breach to an Indiana resident whose:

(1) unencrypted personal information was or may have been acquired by an unauthorized person; or

(2) encrypted personal information was or may have been acquired by an unauthorized person with access to the encryption key;

if the data base owner knows, should know, or should have known that the unauthorized acquisition constituting the breach has resulted in or could result in identity deception (as defined in IC 35-43-5-3.5), identity theft, or fraud affecting the Indiana resident.

(b) A data base owner required to make a disclosure under subsection (a) to more than one thousand (1,000) consumers shall also disclose to each consumer reporting agency (as defined in 15 U.S.C. 1681a(p)) information necessary to assist the consumer reporting agency in preventing fraud, including personal information of an Indiana resident affected by the breach of the security of a system.

(c) If a data base owner makes a disclosure described in subsection (a), the data base owner shall also disclose the breach to the attorney general.

As added by P.L.125-2006, SEC.6. Amended by P.L.137-2009, SEC.4.

IC 24-4.9-3-2 Notification of data base owner

Sec. 2. A person that maintains computerized data but that is not a data base owner shall notify the data base owner if the person discovers that personal information was or may have been acquired by an unauthorized person.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-3-3 Delay of disclosure or notification

Sec. 3. (a) A person required to make a disclosure or notification under this chapter shall make the disclosure or notification without unreasonable delay, but not more than forty-five (45) days after the discovery of the breach. For purposes of this section, a delay is reasonable if the delay is:

(1) necessary to restore the integrity of the computer system;

(2) necessary to discover the scope of the breach; or

(3) in response to a request from the attorney general or a law enforcement agency to delay disclosure because disclosure will:

(A) impede a criminal or civil investigation; or

(B) jeopardize national security.

(b) A person required to make a disclosure or notification under this chapter shall make the disclosure or notification as soon as possible after:

(1) delay is no longer necessary to restore the integrity of the computer system or to discover the scope of the breach; or

(2) the attorney general or a law enforcement agency notifies the person that delay will no longer impede a criminal or civil investigation or jeopardize national security.

As added by P.L.125-2006, SEC.6. Amended by P.L.171-2022, SEC.1.

IC 24-4.9-3-3.5 Duties of a data base owner; exceptions; health records; enforcement powers

Sec. 3.5. (a) Except as provided in subsection (b), this section does not apply to a data base owner that maintains its own data security procedures as part of an information privacy, security policy, or compliance plan under:

(1) the federal USA PATRIOT Act (P.L. 107-56);

(2) Executive Order 13224;

(3) the federal Driver's Privacy Protection Act (18 U.S.C. 2721 et seq.);

(4) the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);

(5) the federal Financial Modernization Act of 1999 (15 U.S.C. 6801 et seq.); or

(6) the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191);

if the data base owner's information privacy, security policy, or compliance plan requires the data base owner to maintain reasonable procedures to protect and safeguard from unlawful use or disclosure personal information of Indiana residents that is collected or maintained by the data base owner and the data base owner complies with the data base owner's information privacy, security policy, or compliance plan.

(b) This section applies to a current or former health care provider (as defined by IC 4-6-14-2) who is a data base owner or former data base owner:

(1) to which an exemption under subsection (a)(6) applies or applied; and

(2) whose information privacy, security policy, or compliance plan:

(A) does not require the data base owner or former data base owner to maintain and implement reasonable procedures; or

(B) is not implemented by the data base owner or former data base owner;

to ensure that the personal information described in subsection (a), including health records (as defined by IC 4-6-14-2.5), is protected and safeguarded from unlawful use or disclosure after the data base owner or former data base owner ceases to be a covered entity under the federal Health Insurance Portability and Accountability Act (P.L. 104-191).

(c) A data base owner shall implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect and safeguard from unlawful use or disclosure any personal information of Indiana residents collected or maintained by the data base owner.

(d) A data base owner shall not dispose of or abandon records or documents containing unencrypted and unredacted personal information of Indiana residents without shredding, incinerating, mutilating, erasing, or otherwise rendering the personal information illegible or unusable.

(e) A person that knowingly or intentionally fails to comply with any provision of this section commits a deceptive act that is actionable only by the attorney general under this section.

(f) The attorney general may bring an action under this section to obtain any or all of the following:

(1) An injunction to enjoin further violations of this section.

(2) A civil penalty of not more than five thousand dollars ($5,000) per deceptive act.

(3) The attorney general's reasonable costs in:

(A) the investigation of the deceptive act; and

(B) maintaining the action.

(g) A failure to comply with subsection (c) or (d) in connection with related acts or omissions constitutes one (1) deceptive act.

As added by P.L.137-2009, SEC.5. Amended by P.L.76-2017, SEC.4.

IC 24-4.9-3-4 Method of disclosure; exceptions

Sec. 4. (a) Except as provided in subsection (b), a data base owner required to make a disclosure under this chapter shall make the disclosure using one (1) of the following methods:

(1) Mail.

(2) Telephone.

(3) Facsimile (fax).

(4) Electronic mail, if the data base owner has the electronic mail address of the affected Indiana resident.

(b) If a data base owner required to make a disclosure under this chapter is required to make the disclosure to more than five hundred thousand (500,000) Indiana residents, or if the data base owner required to make a disclosure under this chapter determines that the cost of the disclosure will be more than two hundred fifty thousand dollars ($250,000), the data base owner required to make a disclosure under this chapter may elect to make the disclosure by using both of the following methods:

(1) Conspicuous posting of the notice on the website of the data base owner, if the data base owner maintains a website.

(2) Notice to major news reporting media in the geographic area where Indiana residents affected by the breach of the security of a system reside.

(c) A data base owner that maintains its own disclosure procedures as part of an information privacy policy or a security policy is not required to make a separate disclosure under this chapter if the data base owner's information privacy policy or security policy is at least as stringent as the disclosure requirements described in:

(1) sections 1 through 4(b) of this chapter;

(2) subsection (d); or

(3) subsection (e).

(d) A data base owner that maintains its own disclosure procedures as part of an information privacy, security policy, or compliance plan under:

(1) the federal USA PATRIOT Act (P.L. 107-56);

(2) Executive Order 13224;

(3) the federal Driver's Privacy Protection Act (18 U.S.C. 2781 et seq.);

(4) the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);

(5) the federal Financial Modernization Act of 1999 (15 U.S.C. 6801 et seq.); or

(6) the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191);

is not required to make a disclosure under this chapter if the data base owner's information privacy, security policy, or compliance plan requires that Indiana residents be notified of a breach of the security of data without unreasonable delay and the data base owner complies with the data base owner's information privacy, security policy, or compliance plan.

(e) A financial institution that complies with the disclosure requirements prescribed by the Federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice or the Guidance on Response Programs for Unauthorized Access to Member Information and Member Notice, as applicable, is not required to make a disclosure under this chapter.

(f) A person required to make a disclosure under this chapter may elect to make all or part of the disclosure in accordance with subsection (a) even if the person could make the disclosure in accordance with subsection (b).

As added by P.L.125-2006, SEC.6. Amended by P.L.137-2009, SEC.6; P.L.23-2026, SEC.247.

Ch. 4 Enforcement

IC 24-4.9-4-1 Failure to disclose or notify; deceptive act

Sec. 1. (a) A person that is required to make a disclosure or notification in accordance with IC 24-4.9-3 and that fails to comply with any provision of this article commits a deceptive act that is actionable only by the attorney general under this chapter.

(b) A failure to make a required disclosure or notification in connection with a related series of breaches of the security of data constitutes one (1) deceptive act.

As added by P.L.125-2006, SEC.6. Amended by P.L.137-2009, SEC.7.

IC 24-4.9-4-2 Action by attorney general

Sec. 2. The attorney general may bring an action under this chapter to obtain any or all of the following:

(1) An injunction to enjoin future violations of IC 24-4.9-3.

(2) A civil penalty of not more than one hundred fifty thousand dollars ($150,000) per deceptive act.

(3) The attorney general's reasonable costs in:

(A) the investigation of the deceptive act; and

(B) maintaining the action.

As added by P.L.125-2006, SEC.6.

Ch. 5 Preemption

IC 24-4.9-5-1 Preemption

Sec. 1. This article preempts the authority of a unit (as defined in IC 36-1-2-23) to make an enactment dealing with the same subject matter as this article.

As added by P.L.125-2006, SEC.6.

Art. 5 Consumer Sales

Ch. 0.5 Deceptive Consumer Sales

IC 24-5-0.5-0.1 Application of certain amendments to chapter

Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The amendments made to sections 2, 3, and 4 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law.

(2) The amendments made to sections 2 and 3 of this chapter by P.L.174-1997 apply to local telephone directories published after May 31, 1997.

As added by P.L.220-2011, SEC.394.

IC 24-5-0.5-1 Construction and purposes

Sec. 1. (a) This chapter shall be liberally construed and applied to promote its purposes and policies.

(b) The purposes and policies of this chapter are to:

(1) simplify, clarify, and modernize the law governing deceptive and unconscionable consumer sales practices;

(2) protect consumers from suppliers who commit deceptive and unconscionable sales acts; and

(3) encourage the development of fair consumer sales practices.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by P.L.18-1997, SEC.2; P.L.1-2006, SEC.411.

IC 24-5-0.5-2 Definitions

Sec. 2. (a) As used in this chapter:

(1) "Consumer transaction" means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible, except securities and policies or contracts of insurance issued by corporations authorized to transact an insurance business under the laws of the state of Indiana, with or without an extension of credit, to a person for purposes that are primarily personal, familial, charitable, agricultural, or household, or a solicitation to supply any of these things. However, the term includes the following:

(A) A transfer of structured settlement payment rights under IC 34-50-2.

(B) An unsolicited advertisement sent to a person by telephone facsimile machine offering a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible.

(C) The collection of or attempt to collect a debt by a debt collector.

(D) The provision of a product or service to a:

(i) state law enforcement agency;

(ii) local law enforcement agency;

(iii) state agency; or

(iv) local agency;

in Indiana.

(E) Conduct that arises from, occurs in connection with, or otherwise involves a transaction for emergency towing (as defined in IC 24-14-2-5) of a personal or commercial vehicle.

(2) "Person" means an individual, corporation, the state of Indiana or its subdivisions or agencies, business trust, estate, trust, partnership, association, nonprofit corporation or organization, or cooperative or any other legal entity.

(3) "Supplier" means the following:

(A) A seller, lessor, assignor, or other person who regularly engages in or solicits consumer transactions, including soliciting a consumer transaction by using a telephone facsimile machine to transmit an unsolicited advertisement. The term includes a manufacturer, a wholesaler, a retailer, or, in a consumer transaction described in subdivision (1)(D), an entity that provides a product or service to a state law enforcement agency, local law enforcement agency, state agency, or local agency in Indiana, whether or not the person deals directly with the consumer.

(B) A debt collector.

(4) "Subject of a consumer transaction" means the personal property, real property, services, or intangibles offered or furnished in a consumer transaction.

(5) "Cure" as applied to a deceptive act, means either:

(A) to offer in writing to adjust or modify the consumer transaction to which the act relates to conform to the reasonable expectations of the consumer generated by such deceptive act and to perform such offer if accepted by the consumer; or

(B) to offer in writing to rescind such consumer transaction and to perform such offer if accepted by the consumer.

The term includes an offer in writing of one (1) or more items of value, including monetary compensation, that the supplier delivers to a consumer or a representative of the consumer if accepted by the consumer.

(6) "Offer to cure" as applied to a deceptive act is a cure that:

(A) is reasonably calculated to remedy a loss claimed by the consumer; and

(B) includes a minimum additional amount that is the greater of:

(i) ten percent (10%) of the value of the remedy under clause (A), but not more than four thousand dollars ($4,000); or

(ii) five hundred dollars ($500);

as compensation for attorney's fees, expenses, and other costs that a consumer may incur in relation to the deceptive act.

(7) "Uncured deceptive act" means:

(A) a deceptive act with respect to which a consumer who has been damaged by such act has given notice to the supplier under section 5(a) of this chapter; and

(B) either:

(i) no offer to cure has been made to such consumer within thirty (30) days after such notice; or

(ii) the act has not been cured as to such consumer within a reasonable time after the consumer's acceptance of the offer to cure.

(8) "Incurable deceptive act" means a deceptive act done by a supplier as part of a scheme, artifice, or device with intent to defraud or mislead. The term includes a failure of a transferee of structured settlement payment rights to timely provide a true and complete disclosure statement to a payee as provided under IC 34-50-2 in connection with a direct or indirect transfer of structured settlement payment rights.

(9) "Local agency" means an administration, an agency, an authority, a board, a bureau, a commission, a committee, a council, a department, a division, an institution, an office, an officer, a service, or other similar body of a political subdivision created or established under law.

(10) "Political subdivision" means a county, township, city, town, municipal corporation (as defined in IC 36-1-2-10), or special taxing district. However, the term does not include a school corporation or charter school.

(11) "Senior consumer" means an individual who is at least sixty (60) years of age.

(12) "State agency" means an administration, an agency, an authority, a board, a bureau, a commission, a committee, a council, a department, a division, an institution, an office, an officer, a service, or other similar body of state government created or established under law. The term includes a body corporate and politic of the state created by statute. The term does not include a state educational institution (as defined in IC 21-7-13-32).

(13) "Telephone facsimile machine" means equipment that has the capacity to transcribe text or images, or both, from:

(A) paper into an electronic signal and to transmit that signal over a regular telephone line; or

(B) an electronic signal received over a regular telephone line onto paper.

(14) "Unsolicited advertisement" means material advertising the commercial availability or quality of:

(A) property;

(B) goods; or

(C) services;

that is transmitted to a person without the person's prior express invitation or permission, in writing or otherwise.

(15) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).

(16) "Debt collector" has the meaning set forth in 15 U.S.C. 1692(a)(6). The term does not include a person admitted to the practice of law in Indiana if the person is acting within the course and scope of the person's practice as an attorney. The term includes a debt buyer (as defined in IC 24-5-15.5).

(b) As used in section 3(b)(15) and 3(b)(16) of this chapter:

(1) "Directory assistance" means the disclosure of telephone number information in connection with an identified telephone service subscriber by means of a live operator or automated service.

(2) "Local telephone directory" refers to a telephone classified advertising directory or the business section of a telephone directory that is distributed by a telephone company or directory publisher to subscribers located in the local exchanges contained in the directory. The term includes a directory that includes listings of more than one (1) telephone company.

(3) "Local telephone number" refers to a telephone number that has the three (3) number prefix used by the provider of telephone service for telephones physically located within the area covered by the local telephone directory in which the number is listed. The term does not include long distance numbers or 800-, 888-, or 900- exchange numbers listed in a local telephone directory.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts 1982, P.L.152, SEC.1; P.L.12-1986, SEC.4; P.L.24-1989, SEC.10; P.L.233-1995, SEC.1; P.L.174-1997, SEC.1; P.L.18-1997, SEC.3; P.L.219-2001, SEC.1; P.L.165-2005, SEC.6; P.L.85-2006, SEC.2; P.L.1-2007, SEC.165; P.L.226-2011, SEC.13; P.L.250-2013, SEC.2; P.L.65-2014, SEC.6; P.L.105-2017, SEC.1; P.L.280-2019, SEC.4; P.L.206-2025, SEC.5; P.L.227-2025, SEC.42; P.L.23-2026, SEC.248; P.L.60-2026, SEC.2.

IC 24-5-0.5-3 Unfair, abusive, or deceptive acts, omissions, or practices prohibited; enumeration of deceptive acts

Note: This version of section amended by P.L.143-2026, SEC.1, effective until 7-1-2026. See also following version of this section amended by P.L.145-2026, SEC.294, effective 7-1-2026, and following version of this section amended by P.L.100-2026, SEC.13, effective 1-1-2027.

Sec. 3. (a) A supplier may not commit an unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction. Such an act, omission, or practice by a supplier is a violation of this chapter whether it occurs before, during, or after the transaction. An act, omission, or practice prohibited by this section includes both implicit and explicit misrepresentations.

(b) Without limiting the scope of subsection (a), the following acts, and the following representations as to the subject matter of a consumer transaction, made orally, in writing, or by electronic communication, by a supplier, are deceptive acts:

(1) That such subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have which the supplier knows or should reasonably know it does not have.

(2) That such subject of a consumer transaction is of a particular standard, quality, grade, style, or model, if it is not and if the supplier knows or should reasonably know that it is not.

(3) That such subject of a consumer transaction is new or unused, if it is not and if the supplier knows or should reasonably know that it is not.

(4) That such subject of a consumer transaction will be supplied to the public in greater quantity than the supplier intends or reasonably expects.

(5) That replacement or repair constituting the subject of a consumer transaction is needed, if it is not and if the supplier knows or should reasonably know that it is not.

(6) That a specific price advantage exists as to such subject of a consumer transaction, if it does not and if the supplier knows or should reasonably know that it does not.

(7) That the supplier has a sponsorship, approval, or affiliation in such consumer transaction the supplier does not have, and which the supplier knows or should reasonably know that the supplier does not have.

(8) That such consumer transaction involves or does not involve a warranty, a disclaimer of warranties, or other rights, remedies, or obligations, if the representation is false and if the supplier knows or should reasonably know that the representation is false.

(9) That the consumer will receive a rebate, discount, or other benefit as an inducement for entering into a sale or lease in return for giving the supplier the names of prospective consumers or otherwise helping the supplier to enter into other consumer transactions, if earning the benefit, rebate, or discount is contingent upon the occurrence of an event subsequent to the time the consumer agrees to the purchase or lease.

(10) That the supplier is able to deliver or complete the subject of the consumer transaction within a stated period of time, when the supplier knows or should reasonably know the supplier could not. If no time period has been stated by the supplier, there is a presumption that the supplier has represented that the supplier will deliver or complete the subject of the consumer transaction within a reasonable time, according to the course of dealing or the usage of the trade.

(11) That the consumer will be able to purchase the subject of the consumer transaction as advertised by the supplier, if the supplier does not intend to sell it.

(12) That the replacement or repair constituting the subject of a consumer transaction can be made by the supplier for the estimate the supplier gives a customer for the replacement or repair, if the specified work is completed and:

(A) the cost exceeds the estimate by an amount equal to or greater than ten percent (10%) of the estimate;

(B) the supplier did not obtain written permission from the customer to authorize the supplier to complete the work even if the cost would exceed the amounts specified in clause (A);

(C) the total cost for services and parts for a single transaction is more than seven hundred fifty dollars ($750); and

(D) the supplier knew or reasonably should have known that the cost would exceed the estimate in the amounts specified in clause (A).

(13) That the replacement or repair constituting the subject of a consumer transaction is needed, and that the supplier disposes of the part repaired or replaced earlier than seventy-two (72) hours after both:

(A) the customer has been notified that the work has been completed; and

(B) the part repaired or replaced has been made available for examination upon the request of the customer.

(14) Engaging in the replacement or repair of the subject of a consumer transaction if the consumer has not authorized the replacement or repair, and if the supplier knows or should reasonably know that it is not authorized.

(15) The act of misrepresenting the geographic location of the supplier by listing an alternate business name or an assumed business name (as described in IC 23-0.5-3-4) in a local telephone directory if:

(A) the name misrepresents the supplier's geographic location;

(B) the listing fails to identify the locality and state of the supplier's business;

(C) calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the calling area covered by the local telephone directory; and

(D) the supplier's business location is located in a county that is not contiguous to a county in the calling area covered by the local telephone directory.

(16) The act of listing an alternate business name or assumed business name (as described in IC 23-0.5-3-4) in a directory assistance data base if:

(A) the name misrepresents the supplier's geographic location;

(B) calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the local calling area; and

(C) the supplier's business location is located in a county that is not contiguous to a county in the local calling area.

(17) The violation by a supplier of IC 24-3-4 concerning cigarettes for import or export.

(18) The act of a supplier in knowingly selling or reselling a product to a consumer if the product has been recalled, whether by the order of a court or a regulatory body, or voluntarily by the manufacturer, distributor, or retailer, unless the product has been repaired or modified to correct the defect that was the subject of the recall.

(19) The violation by a supplier of 47 U.S.C. 227, including any rules or regulations issued under 47 U.S.C. 227.

(20) The violation by a supplier of the federal Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.), including any rules or regulations issued under the federal Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.).

(21) A violation of IC 24-5-7 (concerning health spa services), as set forth in IC 24-5-7-17.

(22) A violation of IC 24-5-8 (concerning business opportunity transactions), as set forth in IC 24-5-8-20.

(23) A violation of IC 24-5-10 (concerning home consumer transactions), as set forth in IC 24-5-10-18.

(24) A violation of IC 24-5-11 (concerning real property improvement contracts), as set forth in IC 24-5-11-14.

(25) A violation of IC 24-5-12 (concerning telephone solicitations), as set forth in IC 24-5-12-23.

(26) A violation of IC 24-5-13.5 (concerning buyback motor vehicles), as set forth in IC 24-5-13.5-14.

(27) A violation of IC 24-5-14 (concerning automatic dialing-announcing devices), as set forth in IC 24-5-14-13.

(28) A violation of IC 24-5-15 (concerning credit services organizations), as set forth in IC 24-5-15-11.

(29) A violation of IC 24-5-16 (concerning unlawful motor vehicle subleasing), as set forth in IC 24-5-16-18.

(30) A violation of IC 24-5-17 (concerning environmental marketing claims), as set forth in IC 24-5-17-14.

(31) A violation of IC 24-5-19 (concerning deceptive commercial solicitation), as set forth in IC 24-5-19-11.

(32) A violation of IC 24-5-21 (concerning prescription drug discount cards), as set forth in IC 24-5-21-7.

(33) A violation of IC 24-5-23.5-7 (concerning real estate appraisals), as set forth in IC 24-5-23.5-9.

(34) A violation of IC 24-5-26 (concerning identity theft), as set forth in IC 24-5-26-3.

(35) A violation of IC 24-5.5 (concerning mortgage rescue fraud), as set forth in IC 24-5.5-6-1.

(36) A violation of IC 24-8 (concerning promotional gifts and contests), as set forth in IC 24-8-6-3.

(37) A violation of IC 21-18.5-6 (concerning representations made by a postsecondary credit bearing proprietary educational institution), as set forth in IC 21-18.5-6-22.5.

(38) A violation of IC 24-5-15.5 (concerning collection actions of a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.

(39) A violation of IC 24-14 (concerning towing services), as set forth in IC 24-14-10-1.

(40) A violation of IC 24-5-14.5 (concerning misleading or inaccurate caller identification information), as set forth in IC 24-5-14.5-12.

(41) A violation of IC 24-5-27 (concerning intrastate inmate calling services), as set forth in IC 24-5-27-27.

(42) A violation of IC 15-21 (concerning sales of dogs by retail pet stores), as set forth in IC 15-21-7-4.

(43) A violation of IC 24-4-23 (concerning the security of information collected and transmitted by an adult oriented website operator), as set forth in IC 24-4-23-14.

(44) A violation of IC 28-8-7 (concerning virtual currency kiosks), as set forth in IC 28-8-7-9.

(c) Any representations on or within a product or its packaging or in advertising or promotional materials which would constitute a deceptive act shall be the deceptive act both of the supplier who places such representation thereon or therein, or who authored such materials, and such other suppliers who shall state orally or in writing that such representation is true if such other supplier shall know or have reason to know that such representation was false.

(d) If a supplier shows by a preponderance of the evidence that an act resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, such act shall not be deceptive within the meaning of this chapter.

(e) It shall be a defense to any action brought under this chapter that the representation constituting an alleged deceptive act was one made in good faith by the supplier without knowledge of its falsity and in reliance upon the oral or written representations of the manufacturer, the person from whom the supplier acquired the product, any testing organization, or any other person provided that the source thereof is disclosed to the consumer.

(f) For purposes of subsection (b)(12), a supplier that provides estimates before performing repair or replacement work for a customer shall give the customer a written estimate itemizing as closely as possible the price for labor and parts necessary for the specific job before commencing the work.

(g) For purposes of subsection (b)(15) and (b)(16), a telephone company or other provider of a telephone directory or directory assistance service or its officer or agent is immune from liability for publishing the listing of an alternate business name or assumed business name of a supplier in its directory or directory assistance data base unless the telephone company or other provider of a telephone directory or directory assistance service is the same person as the supplier who has committed the deceptive act.

(h) For purposes of subsection (b)(18), it is an affirmative defense to any action brought under this chapter that the product has been altered by a person other than the defendant to render the product completely incapable of serving its original purpose.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts 1978, P.L.127, SEC.2; Acts 1982, P.L.153, SEC.1; Acts 1982, P.L.152, SEC.2; P.L.16-1983, SEC.16; P.L.239-1985, SEC.1; P.L.12-1986, SEC.5; P.L.24-1989, SEC.11; P.L.174-1997, SEC.2; P.L.21-2000, SEC.11; P.L.70-2002, SEC.1; P.L.85-2006, SEC.3; P.L.1-2009, SEC.137; P.L.226-2011, SEC.14; P.L.273-2013, SEC.31; P.L.65-2014, SEC.7; P.L.170-2017, SEC.1; P.L.118-2017, SEC.119; P.L.170-2017, SEC.2; P.L.211-2019, SEC.33; P.L.242-2019, SEC.6; P.L.280-2019, SEC.5; P.L.281-2019, SEC.4; P.L.156-2020, SEC.87; P.L.34-2022, SEC.7; P.L.4-2024, SEC.33; P.L.98-2024, SEC.3; P.L.104-2024, SEC.42; P.L.143-2026, SEC.1.

IC 24-5-0.5-3 Unfair, abusive, or deceptive acts, omissions, or acts prohibited; enumeration of deceptive acts

Note: This version of section amended by P.L.145-2026, SEC.294, effective 7-1-2026. See also preceding version of this section amended by P.L.143-2026, SEC.1, effective until 7-1-2026, and following version of this section amended by P.L.100-2026, SEC.13, effective 1-1-2027.

Sec. 3. (a) A supplier may not commit an unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction. Such an act, omission, or practice by a supplier is a violation of this chapter whether it occurs before, during, or after the transaction. An act, omission, or practice prohibited by this section includes both implicit and explicit misrepresentations.

(b) Without limiting the scope of subsection (a), the following acts, and the following representations as to the subject matter of a consumer transaction, made orally, in writing, or by electronic communication, by a supplier, are deceptive acts:

(1) That such subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have which the supplier knows or should reasonably know it does not have.

(2) That such subject of a consumer transaction is of a particular standard, quality, grade, style, or model, if it is not and if the supplier knows or should reasonably know that it is not.

(3) That such subject of a consumer transaction is new or unused, if it is not and if the supplier knows or should reasonably know that it is not.

(4) That such subject of a consumer transaction will be supplied to the public in greater quantity than the supplier intends or reasonably expects.

(5) That replacement or repair constituting the subject of a consumer transaction is needed, if it is not and if the supplier knows or should reasonably know that it is not.

(6) That a specific price advantage exists as to such subject of a consumer transaction, if it does not and if the supplier knows or should reasonably know that it does not.

(7) That the supplier has a sponsorship, approval, or affiliation in such consumer transaction the supplier does not have, and which the supplier knows or should reasonably know that the supplier does not have.

(8) That such consumer transaction involves or does not involve a warranty, a disclaimer of warranties, or other rights, remedies, or obligations, if the representation is false and if the supplier knows or should reasonably know that the representation is false.

(9) That the consumer will receive a rebate, discount, or other benefit as an inducement for entering into a sale or lease in return for giving the supplier the names of prospective consumers or otherwise helping the supplier to enter into other consumer transactions, if earning the benefit, rebate, or discount is contingent upon the occurrence of an event subsequent to the time the consumer agrees to the purchase or lease.

(10) That the supplier is able to deliver or complete the subject of the consumer transaction within a stated period of time, when the supplier knows or should reasonably know the supplier could not. If no time period has been stated by the supplier, there is a presumption that the supplier has represented that the supplier will deliver or complete the subject of the consumer transaction within a reasonable time, according to the course of dealing or the usage of the trade.

(11) That the consumer will be able to purchase the subject of the consumer transaction as advertised by the supplier, if the supplier does not intend to sell it.

(12) That the replacement or repair constituting the subject of a consumer transaction can be made by the supplier for the estimate the supplier gives a customer for the replacement or repair, if the specified work is completed and:

(A) the cost exceeds the estimate by an amount equal to or greater than ten percent (10%) of the estimate;

(B) the supplier did not obtain written permission from the customer to authorize the supplier to complete the work even if the cost would exceed the amounts specified in clause (A);

(C) the total cost for services and parts for a single transaction is more than seven hundred fifty dollars ($750); and

(D) the supplier knew or reasonably should have known that the cost would exceed the estimate in the amounts specified in clause (A).

(13) That the replacement or repair constituting the subject of a consumer transaction is needed, and that the supplier disposes of the part repaired or replaced earlier than seventy-two (72) hours after both:

(A) the customer has been notified that the work has been completed; and

(B) the part repaired or replaced has been made available for examination upon the request of the customer.

(14) Engaging in the replacement or repair of the subject of a consumer transaction if the consumer has not authorized the replacement or repair, and if the supplier knows or should reasonably know that it is not authorized.

(15) The act of misrepresenting the geographic location of the supplier by listing an alternate business name or an assumed business name (as described in IC 23-0.5-3-4) in a local telephone directory if:

(A) the name misrepresents the supplier's geographic location;

(B) the listing fails to identify the locality and state of the supplier's business;

(C) calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the calling area covered by the local telephone directory; and

(D) the supplier's business location is located in a county that is not contiguous to a county in the calling area covered by the local telephone directory.

(16) The act of listing an alternate business name or assumed business name (as described in IC 23-0.5-3-4) in a directory assistance data base if:

(A) the name misrepresents the supplier's geographic location;

(B) calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the local calling area; and

(C) the supplier's business location is located in a county that is not contiguous to a county in the local calling area.

(17) The violation by a supplier of IC 24-3-4 concerning cigarettes for import or export.

(18) The act of a supplier in knowingly selling or reselling a product to a consumer if the product has been recalled, whether by the order of a court or a regulatory body, or voluntarily by the manufacturer, distributor, or retailer, unless the product has been repaired or modified to correct the defect that was the subject of the recall.

(19) The violation by a supplier of 47 U.S.C. 227, including any rules or regulations issued under 47 U.S.C. 227.

(20) The violation by a supplier of the federal Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.), including any rules or regulations issued under the federal Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.).

(21) A violation of IC 24-5-7 (concerning health spa services), as set forth in IC 24-5-7-17.

(22) A violation of IC 24-5-8 (concerning business opportunity transactions), as set forth in IC 24-5-8-20.

(23) A violation of IC 24-5-10 (concerning home consumer transactions), as set forth in IC 24-5-10-18.

(24) A violation of IC 24-5-11 (concerning real property improvement contracts), as set forth in IC 24-5-11-14.

(25) A violation of IC 24-5-12 (concerning telephone solicitations), as set forth in IC 24-5-12-23.

(26) A violation of IC 24-5-13.5 (concerning buyback motor vehicles), as set forth in IC 24-5-13.5-14.

(27) A violation of IC 24-5-14 (concerning automatic dialing-announcing devices), as set forth in IC 24-5-14-13.

(28) A violation of IC 24-5-15 (concerning credit services organizations), as set forth in IC 24-5-15-11.

(29) A violation of IC 24-5-16 (concerning unlawful motor vehicle subleasing), as set forth in IC 24-5-16-18.

(30) A violation of IC 24-5-17 (concerning environmental marketing claims), as set forth in IC 24-5-17-14.

(31) A violation of IC 24-5-19 (concerning deceptive commercial solicitation), as set forth in IC 24-5-19-11.

(32) A violation of IC 24-5-21 (concerning prescription drug discount cards), as set forth in IC 24-5-21-7.

(33) A violation of IC 24-5-23.5-7 (concerning real estate appraisals), as set forth in IC 24-5-23.5-9.

(34) A violation of IC 24-5-26 (concerning identity theft), as set forth in IC 24-5-26-3.

(35) A violation of IC 37-4 (concerning mortgage rescue fraud), as set forth in IC 37-4-5-1.

(36) A violation of IC 24-8 (concerning promotional gifts and contests), as set forth in IC 24-8-6-3.

(37) A violation of IC 21-18.5-6 (concerning representations made by a postsecondary credit bearing proprietary educational institution), as set forth in IC 21-18.5-6-22.5.

(38) A violation of IC 24-5-15.5 (concerning collection actions of a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.

(39) A violation of IC 24-14 (concerning towing services), as set forth in IC 24-14-10-1.

(40) A violation of IC 24-5-14.5 (concerning misleading or inaccurate caller identification information), as set forth in IC 24-5-14.5-12.

(41) A violation of IC 24-5-27 (concerning intrastate inmate calling services), as set forth in IC 24-5-27-27.

(42) A violation of IC 15-21 (concerning sales of dogs by retail pet stores), as set forth in IC 15-21-7-4.

(43) A violation of IC 24-4-23 (concerning the security of information collected and transmitted by an adult oriented website operator), as set forth in IC 24-4-23-14.

(44) A violation of IC 28-8-7 (concerning virtual currency kiosks), as set forth in IC 28-8-7-9.

(45) A violation of IC 24-4-27.5 (concerning proxy advisors), as set forth in IC 24-4-27.5-12.

(c) Any representations on or within a product or its packaging or in advertising or promotional materials which would constitute a deceptive act shall be the deceptive act both of the supplier who places such representation thereon or therein, or who authored such materials, and such other suppliers who shall state orally or in writing that such representation is true if such other supplier shall know or have reason to know that such representation was false.

(d) If a supplier shows by a preponderance of the evidence that an act resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, such act shall not be deceptive within the meaning of this chapter.

(e) It shall be a defense to any action brought under this chapter that the representation constituting an alleged deceptive act was one made in good faith by the supplier without knowledge of its falsity and in reliance upon the oral or written representations of the manufacturer, the person from whom the supplier acquired the product, any testing organization, or any other person provided that the source thereof is disclosed to the consumer.

(f) For purposes of subsection (b)(12), a supplier that provides estimates before performing repair or replacement work for a customer shall give the customer a written estimate itemizing as closely as possible the price for labor and parts necessary for the specific job before commencing the work.

(g) For purposes of subsection (b)(15) and (b)(16), a telephone company or other provider of a telephone directory or directory assistance service or its officer or agent is immune from liability for publishing the listing of an alternate business name or assumed business name of a supplier in its directory or directory assistance data base unless the telephone company or other provider of a telephone directory or directory assistance service is the same person as the supplier who has committed the deceptive act.

(h) For purposes of subsection (b)(18), it is an affirmative defense to any action brought under this chapter that the product has been altered by a person other than the defendant to render the product completely incapable of serving its original purpose.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts 1978, P.L.127, SEC.2; Acts 1982, P.L.153, SEC.1; Acts 1982, P.L.152, SEC.2; P.L.16-1983, SEC.16; P.L.239-1985, SEC.1; P.L.12-1986, SEC.5; P.L.24-1989, SEC.11; P.L.174-1997, SEC.2; P.L.21-2000, SEC.11; P.L.70-2002, SEC.1; P.L.85-2006, SEC.3; P.L.1-2009, SEC.137; P.L.226-2011, SEC.14; P.L.273-2013, SEC.31; P.L.65-2014, SEC.7; P.L.170-2017, SEC.1; P.L.118-2017, SEC.119; P.L.170-2017, SEC.2; P.L.211-2019, SEC.33; P.L.242-2019, SEC.6; P.L.280-2019, SEC.5; P.L.281-2019, SEC.4; P.L.156-2020, SEC.87; P.L.34-2022, SEC.7; P.L.4-2024, SEC.33; P.L.98-2024, SEC.3; P.L.104-2024, SEC.42; P.L.143-2026, SEC.1; P.L.60-2026, SEC.3; P.L.115-2026, SEC.27; P.L.145-2026, SEC.294.

IC 24-5-0.5-3 Unfair, abusive, or deceptive acts, omissions, or acts prohibited; enumeration of deceptive acts

Note: This version of section amended by P.L.100-2026, SEC.13, effective 1-1-2027. See also preceding version of this section amended by P.L.143-2026, SEC.1, effective until 7-1-2026, and preceding version of this section amended by P.L.145-2026, SEC.294, effective 7-1-2026.

Sec. 3. (a) A supplier may not commit an unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction. Such an act, omission, or practice by a supplier is a violation of this chapter whether it occurs before, during, or after the transaction. An act, omission, or practice prohibited by this section includes both implicit and explicit misrepresentations.

(b) Without limiting the scope of subsection (a), the following acts, and the following representations as to the subject matter of a consumer transaction, made orally, in writing, or by electronic communication, by a supplier, are deceptive acts:

(1) That such subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have which the supplier knows or should reasonably know it does not have.

(2) That such subject of a consumer transaction is of a particular standard, quality, grade, style, or model, if it is not and if the supplier knows or should reasonably know that it is not.

(3) That such subject of a consumer transaction is new or unused, if it is not and if the supplier knows or should reasonably know that it is not.

(4) That such subject of a consumer transaction will be supplied to the public in greater quantity than the supplier intends or reasonably expects.

(5) That replacement or repair constituting the subject of a consumer transaction is needed, if it is not and if the supplier knows or should reasonably know that it is not.

(6) That a specific price advantage exists as to such subject of a consumer transaction, if it does not and if the supplier knows or should reasonably know that it does not.

(7) That the supplier has a sponsorship, approval, or affiliation in such consumer transaction the supplier does not have, and which the supplier knows or should reasonably know that the supplier does not have.

(8) That such consumer transaction involves or does not involve a warranty, a disclaimer of warranties, or other rights, remedies, or obligations, if the representation is false and if the supplier knows or should reasonably know that the representation is false.

(9) That the consumer will receive a rebate, discount, or other benefit as an inducement for entering into a sale or lease in return for giving the supplier the names of prospective consumers or otherwise helping the supplier to enter into other consumer transactions, if earning the benefit, rebate, or discount is contingent upon the occurrence of an event subsequent to the time the consumer agrees to the purchase or lease.

(10) That the supplier is able to deliver or complete the subject of the consumer transaction within a stated period of time, when the supplier knows or should reasonably know the supplier could not. If no time period has been stated by the supplier, there is a presumption that the supplier has represented that the supplier will deliver or complete the subject of the consumer transaction within a reasonable time, according to the course of dealing or the usage of the trade.

(11) That the consumer will be able to purchase the subject of the consumer transaction as advertised by the supplier, if the supplier does not intend to sell it.

(12) That the replacement or repair constituting the subject of a consumer transaction can be made by the supplier for the estimate the supplier gives a customer for the replacement or repair, if the specified work is completed and:

(A) the cost exceeds the estimate by an amount equal to or greater than ten percent (10%) of the estimate;

(B) the supplier did not obtain written permission from the customer to authorize the supplier to complete the work even if the cost would exceed the amounts specified in clause (A);

(C) the total cost for services and parts for a single transaction is more than seven hundred fifty dollars ($750); and

(D) the supplier knew or reasonably should have known that the cost would exceed the estimate in the amounts specified in clause (A).

(13) That the replacement or repair constituting the subject of a consumer transaction is needed, and that the supplier disposes of the part repaired or replaced earlier than seventy-two (72) hours after both:

(A) the customer has been notified that the work has been completed; and

(B) the part repaired or replaced has been made available for examination upon the request of the customer.

(14) Engaging in the replacement or repair of the subject of a consumer transaction if the consumer has not authorized the replacement or repair, and if the supplier knows or should reasonably know that it is not authorized.

(15) The act of misrepresenting the geographic location of the supplier by listing an alternate business name or an assumed business name (as described in IC 23-0.5-3-4) in a local telephone directory if:

(A) the name misrepresents the supplier's geographic location;

(B) the listing fails to identify the locality and state of the supplier's business;

(C) calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the calling area covered by the local telephone directory; and

(D) the supplier's business location is located in a county that is not contiguous to a county in the calling area covered by the local telephone directory.

(16) The act of listing an alternate business name or assumed business name (as described in IC 23-0.5-3-4) in a directory assistance data base if:

(A) the name misrepresents the supplier's geographic location;

(B) calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the local calling area; and

(C) the supplier's business location is located in a county that is not contiguous to a county in the local calling area.

(17) The violation by a supplier of IC 24-3-4 concerning cigarettes for import or export.

(18) The act of a supplier in knowingly selling or reselling a product to a consumer if the product has been recalled, whether by the order of a court or a regulatory body, or voluntarily by the manufacturer, distributor, or retailer, unless the product has been repaired or modified to correct the defect that was the subject of the recall.

(19) The violation by a supplier of 47 U.S.C. 227, including any rules or regulations issued under 47 U.S.C. 227.

(20) The violation by a supplier of the federal Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.), including any rules or regulations issued under the federal Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.).

(21) A violation of IC 24-5-7 (concerning health spa services), as set forth in IC 24-5-7-17.

(22) A violation of IC 24-5-8 (concerning business opportunity transactions), as set forth in IC 24-5-8-20.

(23) A violation of IC 24-5-10 (concerning home consumer transactions), as set forth in IC 24-5-10-18.

(24) A violation of IC 24-5-11 (concerning real property improvement contracts), as set forth in IC 24-5-11-14.

(25) A violation of IC 24-5-12 (concerning telephone solicitations), as set forth in IC 24-5-12-23.

(26) A violation of IC 24-5-13.5 (concerning buyback motor vehicles), as set forth in IC 24-5-13.5-14.

(27) A violation of IC 24-5-14 (concerning automatic dialing-announcing devices), as set forth in IC 24-5-14-13.

(28) A violation of IC 24-5-15 (concerning credit services organizations), as set forth in IC 24-5-15-11.

(29) A violation of IC 24-5-16 (concerning unlawful motor vehicle subleasing), as set forth in IC 24-5-16-18.

(30) A violation of IC 24-5-17 (concerning environmental marketing claims), as set forth in IC 24-5-17-14.

(31) A violation of IC 24-5-19 (concerning deceptive commercial solicitation), as set forth in IC 24-5-19-11.

(32) A violation of IC 24-5-21 (concerning prescription drug discount cards), as set forth in IC 24-5-21-7.

(33) A violation of IC 24-5-23.5-7 (concerning real estate appraisals), as set forth in IC 24-5-23.5-9.

(34) A violation of IC 24-5-26 (concerning identity theft), as set forth in IC 24-5-26-3.

(35) A violation of IC 24-5.5 (concerning mortgage rescue fraud), as set forth in IC 24-5.5-6-1.

(36) A violation of IC 24-8 (concerning promotional gifts and contests), as set forth in IC 24-8-6-3.

(37) A violation of IC 21-18.5-6 (concerning representations made by a postsecondary credit bearing proprietary educational institution), as set forth in IC 21-18.5-6-22.5.

(38) A violation of IC 24-5-15.5 (concerning collection actions of a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.

(39) A violation of IC 24-14 (concerning towing services), as set forth in IC 24-14-10-1.

(40) A violation of IC 24-5-14.5 (concerning misleading or inaccurate caller identification information), as set forth in IC 24-5-14.5-12.

(41) A violation of IC 24-5-27 (concerning intrastate inmate calling services), as set forth in IC 24-5-27-27.

(42) A violation of IC 15-21 (concerning sales of dogs by retail pet stores), as set forth in IC 15-21-7-4.

(43) A violation of IC 24-4-23 (concerning the security of information collected and transmitted by an adult oriented website operator), as set forth in IC 24-4-23-14.

(44) A violation of IC 24-16 (concerning social media providers), as set forth in IC 24-16-6-1.

(c) Any representations on or within a product or its packaging or in advertising or promotional materials which would constitute a deceptive act shall be the deceptive act both of the supplier who places such representation thereon or therein, or who authored such materials, and such other suppliers who shall state orally or in writing that such representation is true if such other supplier shall know or have reason to know that such representation was false.

(d) If a supplier shows by a preponderance of the evidence that an act resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, such act shall not be deceptive within the meaning of this chapter.

(e) It shall be a defense to any action brought under this chapter that the representation constituting an alleged deceptive act was one made in good faith by the supplier without knowledge of its falsity and in reliance upon the oral or written representations of the manufacturer, the person from whom the supplier acquired the product, any testing organization, or any other person provided that the source thereof is disclosed to the consumer.

(f) For purposes of subsection (b)(12), a supplier that provides estimates before performing repair or replacement work for a customer shall give the customer a written estimate itemizing as closely as possible the price for labor and parts necessary for the specific job before commencing the work.

(g) For purposes of subsection (b)(15) and (b)(16), a telephone company or other provider of a telephone directory or directory assistance service or its officer or agent is immune from liability for publishing the listing of an alternate business name or assumed business name of a supplier in its directory or directory assistance data base unless the telephone company or other provider of a telephone directory or directory assistance service is the same person as the supplier who has committed the deceptive act.

(h) For purposes of subsection (b)(18), it is an affirmative defense to any action brought under this chapter that the product has been altered by a person other than the defendant to render the product completely incapable of serving its original purpose.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts 1978, P.L.127, SEC.2; Acts 1982, P.L.153, SEC.1; Acts 1982, P.L.152, SEC.2; P.L.16-1983, SEC.16; P.L.239-1985, SEC.1; P.L.12-1986, SEC.5; P.L.24-1989, SEC.11; P.L.174-1997, SEC.2; P.L.21-2000, SEC.11; P.L.70-2002, SEC.1; P.L.85-2006, SEC.3; P.L.1-2009, SEC.137; P.L.226-2011, SEC.14; P.L.273-2013, SEC.31; P.L.65-2014, SEC.7; P.L.170-2017, SEC.1; P.L.118-2017, SEC.119; P.L.170-2017, SEC.2; P.L.211-2019, SEC.33; P.L.242-2019, SEC.6; P.L.280-2019, SEC.5; P.L.281-2019, SEC.4; P.L.156-2020, SEC.87; P.L.34-2022, SEC.7; P.L.4-2024, SEC.33; P.L.98-2024, SEC.3; P.L.104-2024, SEC.42; P.L.100-2026, SEC.13.

IC 24-5-0.5-4 Actions and proceedings; damages; injunctions; civil penalties; offer to cure; violations involving debt collection

Sec. 4. (a) A person relying upon an uncured or incurable deceptive act may bring an action for the damages actually suffered as a consumer as a result of the deceptive act or five hundred dollars ($500), whichever is greater. The court may increase damages for a willful deceptive act in an amount that does not exceed the greater of:

(1) three (3) times the actual damages of the consumer suffering the loss; or

(2) one thousand dollars ($1,000).

Except as provided in subsection (k), the court may award reasonable attorney's fees to the party that prevails in an action under this subsection. This subsection does not apply to a consumer transaction in real property, including a claim or action involving a construction defect (as defined in IC 32-27-3-1(5)) brought against a construction professional (as defined in IC 32-27-3-1(4)), except for purchases of time shares and camping club memberships. This subsection does not apply with respect to a deceptive act described in section 3(b)(20) of this chapter. This subsection also does not apply to a violation of IC 24-4.7, IC 24-5-12, IC 24-5-14, or IC 24-5-14.5. Actual damages awarded to a person under this section have priority over any civil penalty imposed under this chapter.

(b) Any person who is entitled to bring an action under subsection (a) on the person's own behalf against a supplier for damages for a deceptive act may bring a class action against such supplier on behalf of any class of persons of which that person is a member and which has been damaged by such deceptive act, subject to and under the Indiana Rules of Trial Procedure governing class actions, except as herein expressly provided. Except as provided in subsection (k), the court may award reasonable attorney's fees to the party that prevails in a class action under this subsection, provided that such fee shall be determined by the amount of time reasonably expended by the attorney and not by the amount of the judgment, although the contingency of the fee may be considered. Except in the case of an extension of time granted by the attorney general under IC 24-10-2-2(b) in an action subject to IC 24-10, any money or other property recovered in a class action under this subsection which cannot, with due diligence, be restored to consumers within one (1) year after the judgment becomes final shall be returned to the party depositing the same. This subsection does not apply to a consumer transaction in real property, except for purchases of time shares and camping club memberships. This subsection does not apply with respect to a deceptive act described in section 3(b)(20) of this chapter. Actual damages awarded to a class have priority over any civil penalty imposed under this chapter.

(c) The attorney general may bring an action to enjoin an unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction, including a deceptive act described in section 3(b)(20) of this chapter, notwithstanding subsections (a) and (b). However, the attorney general may seek to enjoin patterns of incurable deceptive acts with respect to consumer transactions in real property. In addition, the court may:

(1) issue an injunction;

(2) order the supplier to make payment of the money unlawfully received from the aggrieved consumers to be held in escrow for distribution to aggrieved consumers;

(3) for a knowing violation against a senior consumer, increase the amount of restitution ordered under subdivision (2) in any amount up to three (3) times the amount of damages incurred or value of property or assets lost;

(4) order the supplier to pay to the state the reasonable costs of the attorney general's investigation and prosecution, expert fees, and court fees related to the action;

(5) provide for the appointment of a receiver; and

(6) order the department of state revenue to suspend the supplier's registered retail merchant certificate, subject to the requirements and prohibitions contained in IC 6-2.5-8-7(a)(5), if the court finds that a violation of this chapter involved the sale or solicited sale of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (repealed)) (before July 1, 2019), a controlled substance analog (as defined in IC 35-48-1.1-8), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6).

(d) In an action under subsection (a), (b), (c), or (n) the court may void or limit the application of contracts or clauses resulting from deceptive acts and order restitution to be paid to aggrieved consumers.

(e) In any action under subsection (a) or (b), upon the filing of the complaint or on the appearance of any defendant, claimant, or any other party, or at any later time, the trial court, the supreme court, or the court of appeals may require the plaintiff, defendant, claimant, or any other party or parties to give security, or additional security, in such sum as the court shall direct to pay all costs, expenses, and disbursements that shall be awarded against that party or which that party may be directed to pay by any interlocutory order by the final judgment or on appeal.

(f) Any person who violates the terms of an injunction issued under subsection (c) or (n) shall forfeit and pay to the state a civil penalty of not more than fifteen thousand dollars ($15,000) per violation. For the purposes of this section, the court issuing an injunction shall retain jurisdiction, the cause shall be continued, and the attorney general acting in the name of the state may petition for recovery of civil penalties. Whenever the court determines that an injunction issued under subsection (c) or (n) has been violated, the court shall award reasonable costs to the state.

(g) If a court finds any person has knowingly violated section 3 or 10 of this chapter, other than section 3(b)(19), 3(b)(20), or 3(b)(40) of this chapter, the attorney general, in an action pursuant to subsection (c), may recover from the person on behalf of the state a civil penalty of a fine not exceeding five thousand dollars ($5,000) per violation.

(h) If a court finds that a person has violated section 3(b)(19) of this chapter, the attorney general, in an action under subsection (c), may recover from the person on behalf of the state a civil penalty as follows:

(1) For a knowing or intentional violation, one thousand five hundred dollars ($1,500).

(2) For a violation other than a knowing or intentional violation, five hundred dollars ($500).

A civil penalty recovered under this subsection shall be deposited in the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6 to be used for the administration and enforcement of section 3(b)(19) of this chapter.

(i) A senior consumer relying upon an uncured or incurable deceptive act, including an act related to hypnotism, may bring an action to recover treble damages, if appropriate.

(j) An offer to cure is:

(1) not admissible as evidence in a proceeding initiated under this section unless the offer to cure is delivered by a supplier to the consumer or a representative of the consumer before the supplier files the supplier's initial response to a complaint; and

(2) only admissible as evidence in a proceeding initiated under this section to prove that a supplier is not liable for attorney's fees under subsection (k).

If the offer to cure is timely delivered by the supplier, the supplier may submit the offer to cure as evidence to prove in the proceeding in accordance with the Indiana Rules of Trial Procedure that the supplier made an offer to cure.

(k) A supplier may not be held liable for the attorney's fees and court costs of the consumer that are incurred following the timely delivery of an offer to cure as described in subsection (j) unless the actual damages awarded, not including attorney's fees and costs, exceed the value of the offer to cure.

(l) If a court finds that a person has knowingly violated section 3(b)(20) of this chapter, the attorney general, in an action under subsection (c), may recover from the person on behalf of the state a civil penalty not exceeding one thousand dollars ($1,000) per consumer. In determining the amount of the civil penalty in any action by the attorney general under this subsection, the court shall consider, among other relevant factors, the frequency and persistence of noncompliance by the debt collector, the nature of the noncompliance, and the extent to which the noncompliance was intentional. A person may not be held liable in any action by the attorney general for a violation of section 3(b)(20) of this chapter if the person shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid the error. A person may not be held liable in any action for a violation of this chapter for contacting a person other than the debtor, if the contact is made in compliance with the Fair Debt Collection Practices Act.

(m) If a court finds that a person has knowingly or intentionally violated section 3(b)(40) of this chapter, the attorney general, in an action under subsection (c), may recover from the person on behalf of the state a civil penalty in accordance with IC 24-5-14.5-12(b). As specified in IC 24-5-14.5-12(b), a civil penalty recovered under IC 24-5-14.5-12(b) shall be deposited in the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6 to be used for the administration and enforcement of IC 24-5-14.5. In addition to the recovery of a civil penalty in accordance with IC 24-5-14.5-12(b), the attorney general may also recover reasonable attorney fees and court costs from the person on behalf of the state. Those funds shall also be deposited in the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6.

(n) An action that arises from, or otherwise involves, an unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction described in section 2(a)(1)(D)(i) or 2(a)(1)(D)(iii) of this chapter may be brought and enforced only by the attorney general under this subsection. An action that arises from, or otherwise involves, an unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction described in section 2(a)(1)(D)(ii) or 2(a)(1)(D)(iv) of this chapter may be brought and enforced only by an attorney acting on behalf of the local law enforcement agency or local agency involved in the transaction, unless the local unit of government served by the local law enforcement agency or local agency requests the attorney general to bring and enforce an action under this subsection on behalf of the local unit. In addition, the court may:

(1) issue an injunction;

(2) order the supplier to make payment of the money unlawfully received from the aggrieved consumers to be held in escrow for distribution to aggrieved consumers; or

(3) order the supplier to pay to:

(A) the attorney acting on behalf of the local law enforcement agency or local agency; or

(B) the attorney general for the state;

as applicable, the reasonable costs of the attorney's or the attorney general's investigation and prosecution, expert fees, and court fees related to the action.

The time for bringing an action under subsection (c), as set forth in section 5(b) of this chapter, applies to an action brought under this subsection.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts 1978, P.L.127, SEC.3; Acts 1982, P.L.152, SEC.3; P.L.12-1986, SEC.6; P.L.3-1989, SEC.141; P.L.24-1989, SEC.12; P.L.233-1995, SEC.2; P.L.165-2005, SEC.7; P.L.222-2005, SEC.33; P.L.85-2006, SEC.4; P.L.121-2011, SEC.1; P.L.226-2011, SEC.15; P.L.196-2013, SEC.8; P.L.151-2013, SEC.6; P.L.250-2013, SEC.3; P.L.65-2014, SEC.8; P.L.80-2019, SEC.8; P.L.242-2019, SEC.7; P.L.156-2020, SEC.88; P.L.11-2023, SEC.78; P.L.118-2024, SEC.32; P.L.186-2025, SEC.133; P.L.206-2025, SEC.6; P.L.60-2026, SEC.4.

IC 24-5-0.5-5 Limitation of actions

Sec. 5. (a) No action may be brought under this chapter, except under section 4(c) of this chapter, unless (1) the deceptive act is incurable or (2) the consumer bringing the action shall have given notice in writing to the supplier within the sooner of (i) six (6) months after the initial discovery of the deceptive act, (ii) one (1) year following such consumer transaction, or (iii) any time limitation, not less than thirty (30) days, of any period of warranty applicable to the transaction, which notice shall state fully the nature of the alleged deceptive act and the actual damage suffered therefrom, and unless such deceptive act shall have become an uncured deceptive act.

(b) No action may be brought under this chapter except as expressly authorized in section 4(a), 4(b), or 4(c) of this chapter. Any action brought under section 4(a) or 4(b) of this chapter may not be brought more than two (2) years after the occurrence of the deceptive act. An action brought under section 4(c) of this chapter may not be brought more than five (5) years after the occurrence of the deceptive act.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts 1982, P.L.152, SEC.4; P.L.211-1993, SEC.1; P.L.45-1995, SEC.17; P.L.152-2023, SEC.1.

IC 24-5-0.5-6 Application of law

Sec. 6. This chapter does not apply to an act or practice that is:

(1) required or expressly permitted by federal law, rule, or regulation; or

(2) required or expressly permitted by state law, rule, regulation, or local ordinance.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by P.L.1-2006, SEC.412.

IC 24-5-0.5-7 Assurances of voluntary compliance

Sec. 7. (a) In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any deceptive act from any person who has engaged in, is engaging in, or is about to engage in such deceptive act. The assurance of voluntary compliance may include a stipulation for the voluntary payment by the person of the costs of investigation or payment of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved consumers, or both. The assurance of voluntary compliance shall be in writing and shall be filed with and subject to the approval of the court having jurisdiction.

(b) The assurance of voluntary compliance shall not be considered an admission of a deceptive act for any purpose; however, any violation of the terms of the assurance constitutes prima facie evidence of a deceptive act. Matters thus closed may at any time be reopened by the attorney general for further proceedings in the public interest.

As added by Acts 1978, P.L.127, SEC.4.

IC 24-5-0.5-8 Incurable deceptive act; civil penalty

Sec. 8. A person who commits an incurable deceptive act is subject to a civil penalty of a fine of not more than five hundred dollars ($500) for each violation. The attorney general, acting in the name of the state, has the exclusive right to petition for recovery of such a fine, and this fine may be recovered only in an action brought under section 4(c) of this chapter.

As added by Acts 1978, P.L.127, SEC.5. Amended by Acts 1982, P.L.152, SEC.5.

IC 24-5-0.5-9 Cooperative purchase supplier contracts; maximum duration; civil penalty

Sec. 9. A supplier which is organized primarily to provide benefits to persons from the cooperative purchase of the subject of a consumer transaction shall not offer a contract for that purpose that is to be effective for more than five (5) years. A supplier that violates this section is subject to a civil penalty of a fine of not more than five hundred dollars ($500) for each violation. The attorney general, acting in the name of the state, has the exclusive right to petition for recovery of such a fine, and this fine may be recovered only in an action brought under section 4(c) of this chapter.

As added by Acts 1978, P.L.127, SEC.6. Amended by Acts 1982, P.L.152, SEC.6.

IC 24-5-0.5-10 Suppliers; deceptive and unconscionable acts

Sec. 10. (a) A supplier commits a deceptive act if the supplier gives any of the following representations, orally or in writing, or does any of the following acts:

(1) Either:

(A) solicits to engage in a consumer transaction without a permit or other license required by law;

(B) solicits to engage in a consumer transaction if a permit or other license is required by law to engage in the consumer transaction and the supplier is not qualified to obtain the required permit or other license or does not intend to obtain the permit or other license; or

(C) engages in a consumer transaction without a permit or other license required by law.

(2) Commits a violation of IC 24-5-10.

(b) A supplier commits an unconscionable act that shall be treated the same as a deceptive act under this chapter if the supplier solicits a person to enter into a contract or agreement:

(1) that contains terms that are oppressively one sided or harsh;

(2) in which the terms unduly limit the person's remedies; or

(3) in which the price is unduly excessive;

and there was unequal bargaining power that led the person to enter into the contract or agreement unwillingly or without knowledge of the terms of the contract or agreement. There is a rebuttable presumption that a person has knowledge of the terms of a contract or agreement if the person signs a written contract.

As added by P.L.12-1986, SEC.7. Amended by P.L.251-1987, SEC.1; P.L.18-1997, SEC.4; P.L.105-2017, SEC.2.

IC 24-5-0.5-11 Unlicensed real estate solicitors; soliciting sale or purchase of real estate without required disclosure

Sec. 11. (a) It is a deceptive act for an unlicensed real estate solicitor (as defined in IC 32-21-16.5-3) to solicit the sale or purchase of real estate without the disclosure required under IC 32-21-16.5-4.

(b) The attorney general shall enforce this section in the same manner as any other deceptive act under this chapter.

As added by P.L.47-2024, SEC.1.

IC 24-5-0.5-12 False claim of doctoral degree

Sec. 12. (a) It is an incurable deceptive act for an individual, while soliciting or performing a consumer transaction, to claim, either orally or in writing, to possess a doctorate degree or use a title, a word, letters, an insignia, or an abbreviation associated with a doctorate degree, unless the individual:

(1) has been awarded a doctorate degree from an institution that is:

(A) accredited by a regional or professional accrediting agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation;

(B) a religious seminary, institute, college, or university whose certificates, diplomas, or degrees clearly identify the religious character of the educational program; or

(C) operated and supported by a governmental agency; or

(2) meets the requirements approved by one (1) of the following boards:

(A) Medical licensing board of Indiana.

(B) State board of dental examiners.

(C) Indiana optometry board.

(D) Board of podiatric medicine.

(E) State psychology board.

(F) Board of chiropractic examiners.

(G) Indiana board of veterinary medicine.

(H) Indiana board of pharmacy.

(I) Indiana state board of nursing.

(b) It is an incurable deceptive act for an individual, while soliciting or performing a consumer transaction, to claim to be a:

(1) physician unless the individual holds an unlimited license to practice medicine under IC 25-22.5;

(2) chiropractic physician unless the individual holds a license as a chiropractor under IC 25-10-1; or

(3) podiatric physician unless the individual holds a license as a podiatrist under IC 25-29.

(c) The attorney general shall enforce this section in the same manner as any other incurable deceptive act under this chapter.

As added by P.L.175-1997, SEC.1. Amended by P.L.246-1999, SEC.1; P.L.12-2000, SEC.1; P.L.48-2022, SEC.4.

Ch. 2 Sales Competition

IC 24-5-2-1 Repealed

Formerly: Acts 1935, c.231, s.1. As amended by Acts 1961, c.324, s.1. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-2 Repealed

Formerly: Acts 1935, c.231, s.2. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-3 Repealed

Formerly: Acts 1935, c.231, s.3. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-4 Repealed

Formerly: Acts 1935, c.231, s.4. As amended by Acts 1965, c.425, s.1. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-5 Repealed

Formerly: Acts 1935, c.231, s.5. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-6 Repealed

Formerly: Acts 1935, c.231, s.6. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-7 Repealed

Formerly: Acts 1935, c.231, s.7. As amended by Acts 1965, c.425, s.2. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-8 Repealed

Formerly: Acts 1935, c.231, s.8. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-9 Repealed

Formerly: Acts 1935, c.231, s.9. As amended by Acts 1947, c.238, s.2. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-10 Repealed

Formerly: Acts 1935, c.231, s.10. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-11 Repealed

Formerly: Acts 1935, c.231, s.11. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-12 Repealed

Formerly: Acts 1935, c.231, s.12. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-13 Repealed

Formerly: Acts 1935, c.231, s.13. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-14 Repealed

Formerly: Acts 1935, c.231, s.14. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-15 Repealed

Formerly: Acts 1935, c.231, s.15. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-16 Repealed

Formerly: Acts 1935, c.231, s.16. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-17 Repealed

Formerly: Acts 1935, c.231, s.17. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-18 Repealed

Formerly: Acts 1935, c.231, s.18. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-19 Repealed

Formerly: Acts 1935, c.231, s.19. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-20 Repealed

Formerly: Acts 1935, c.231, s.20. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-21 Contracts to prevent competition

Sec. 21. No manufacturer shall sell or contract to sell specific goods which may become the subject-matter of a retail installment sale in this state, whether patented or unpatented, to any retail seller in this state on the condition or with an agreement or understanding, express or implied, that the retail seller shall sell, assign or transfer any retail installment contracts arising from the retail installment sales of the goods, or any part thereof, only to a designated licensee or class of licensees, when the effect of the condition, agreement or understanding may be to lessen or eliminate competition, or create, or tend to create, a monopoly in the licensee or class designated. Any such condition, agreement or understanding with any retail seller in this state is hereby declared to be against the public policy of this state and to be unlawful and void.

Formerly: Acts 1935, c.231, s.21.

IC 24-5-2-22 Acts tending to prevent competition

Sec. 22. Any threat, express or implied, made directly or indirectly to any retail seller in this state by any manufacturer that the manufacturer will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell, specific goods which may become the subject matter of a retail installment sale in this state, whether patented or unpatented, to the retail seller, unless the retail seller sells, assigns, or transfers the retail installment contracts arising from his retail installment sales to any designated licensee or class of licensees, shall be prima facie evidence that the manufacturer has sold or intends to sell such specific goods on the condition or with the agreement or understanding prohibited by section 21 of this chapter.

Formerly: Acts 1935, c.231, s.22. As amended by P.L.152-1986, SEC.74.

IC 24-5-2-23 Further acts tending to prevent competition

Sec. 23. Any threat, express or implied, made directly or indirectly to any retail seller in this state by any licensee hereunder that is affiliated with or controlled by any manufacturer that the manufacturer will terminate his contract with or cease to sell specific goods which may become the subject matter of a retail installment sale to the retail seller, unless the retail seller sells, assigns, or transfers the retail installment contracts arising from his retail installment sales to the licensee making the threat, shall be presumed to be made at the direction of and with the authority of the manufacturer and shall be prima facie evidence of the fact that the manufacturer has sold or intends to sell the specific goods on the condition or with the agreement or understanding prohibited by section 21 of this chapter.

Formerly: Acts 1935, c.231, s.23. As amended by P.L.152-1986, SEC.75.

IC 24-5-2-24 Subsidy of licensees

Sec. 24. No manufacturer shall pay or give or contract to pay or give any thing or service of value to any licensee in this state, and no licensee in this state shall accept or receive or contract or agree to accept or receive, directly or indirectly, any payment, thing or service of value from any manufacturer, if the effect of the payment or giving of any such thing or service of value by the manufacturer, or the acceptance or receipt thereof by the licensee, may be to lessen or eliminate competition or tend to create or create a monopoly in the licensee that accepts or receives the payment, thing or service of value or contracts or agrees to accept or receive the same.

Formerly: Acts 1935, c.231, s.24.

IC 24-5-2-25 Repealed

Formerly: Acts 1935, c.231, s.25. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-26 Repealed

Formerly: Acts 1935, c.231, s.26. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-27 Repealed

Formerly: Acts 1935, c.231, s.27. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-28 Repealed

Formerly: Acts 1935, c.231, s.28. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-29 Repealed

Formerly: Acts 1935, c.231, s.29. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-30 Repealed

Formerly: Acts 1935, c.231, s.30. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-31 Repealed

Formerly: Acts 1935, c.231, s.31. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-32 Repealed

Formerly: Acts 1935, c.231, s.32. Repealed by Acts 1971, P.L.366, SEC.10.

IC 24-5-2-33 Repealed

Formerly: Acts 1935, c.231, s.34. Repealed by Acts 1971, P.L.366, SEC.10.

Ch. 5 Unsolicited Merchandise

IC 24-5-5-1 Refusal to accept merchandise; gift to receiver

Sec. 1. Where unsolicited merchandise is delivered to a person for whom it is intended such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner without any obligation to the sender.

Formerly: Acts 1967, c.55, s.1.

Ch. 7 Health Spa Services

IC 24-5-7-0.1 Application of certain amendments to chapter

Sec. 0.1. The amendments made to sections 1, 2, 5, and 17 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law.

As added by P.L.220-2011, SEC.395.

IC 24-5-7-1 Definitions

Sec. 1. As used in this chapter:

"Business day" means a day other than Sunday or a legal holiday.

"Buyer" means a purchaser of services under a contract for health spa services.

"Contract" means a contract for health spa services entered into after August 31, 1983. The term includes all financial agreements provided or arranged by the health spa or the health spa's affiliates.

"Health spa" means any business entity, other than an entity that is exempt from taxation under Section 501 of the Internal Revenue Code, offering health spa services to the public.

"Health spa services" means instruction, training, or assistance in physical culture, bodybuilding, exercising, reducing, figure development, or any other health spa service, for the use of the facilities of a health spa, figure salon, weight loss clinic, gymnasium, or other facility used for the delivery of health spa services, or for membership in any group, club, association, or organization formed to deliver health spa services.

"Seller" means a seller of services under a contract for health spa services.

As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.13.

IC 24-5-7-2 Contracts; requisites

Sec. 2. Every contract for health spa services shall be in writing and a copy shall be furnished to the buyer at the time the contract is formed.

As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.14.

IC 24-5-7-3 Contracts; term; limitations

Sec. 3. (a) No contract for health spa services may require payments or financing by the buyer over a period in excess of thirty-six (36) months from the date that the contract is entered into. The term of a contract may not be measured by or be for the life of the buyer.

(b) The term of a contract may not exceed three (3) years from the date that the contract is entered into. A buyer may renew a contract for additional periods, but the contract price for the renewal of a contract must be at least twenty-four dollars ($24) per year.

As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.15.

IC 24-5-7-4 Contracts; time for performance; voidability

Sec. 4. (a) A contract for health spa services to be rendered at an existing health spa facility must provide that the performance of the agreed upon services is to begin within forty-five (45) days from the date that the contract is entered into.

(b) A contract for health spa services at a planned spa facility or spa facility under construction is voidable at the option of the buyer if the health spa facilities and the agreed upon services are not available within twelve (12) months from the date the contract is entered into.

As added by P.L.249-1983, SEC.1.

IC 24-5-7-5 Contracts; cancellation; notice; refunds

Sec. 5. (a) A copy of the buyer's cancellation rights under this chapter shall be furnished in writing to the buyer at the time the contract is formed.

(b) In at least 10 point boldface type, every contract for health spa services must provide that the contract may be cancelled before midnight of the third full business day after the buyer signs the contract.

(c) A buyer may cancel the contract by written notice, in any form, delivered in person or mailed by certified or registered mail to the seller at the address specified in the contract. The notice must be accompanied by the membership cards previously delivered to the buyer.

(d) All money paid under a contract shall be refunded within thirty (30) days of receipt of the notice of cancellation.

As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.16.

IC 24-5-7-6 Contracts; cancellation provisions; contingencies

Sec. 6. (a) In at least ten (10) point boldface type, every health spa services contract that has not been cancelled under section 5 of this chapter must provide that the buyer or the buyer's estate may cancel the contract if any of the following occur:

(1) The buyer dies.

(2) The buyer becomes totally physically disabled for the duration of the contract.

(3) The health spa facility operated by the seller is moved to a location that is more than five (5) miles from the original facility. However, if a health spa facility is closed at any site and a facility with similar health spa services is operated less than five (5) miles away from the closed facility, then the buyer's contract may be transferred to the operating facility, if the operator of the facility to which the contract is to be transferred accepts the transfer.

(4) The services are no longer available as provided in the contract because of the seller's permanent discontinuance of operation.

(b) This section does not restrict the seller from offering or providing in a contract additional or broader reasons for cancellation.

As added by P.L.249-1983, SEC.1. Amended by P.L.12-1986, SEC.8.

IC 24-5-7-7 Contracts; cancellation provisions; evidence of disability or death

Sec. 7. The health spa may require and verify reasonable evidence of total physical disability or death. In the case of total physical disability, the health spa may also require that the buyer submit to a physical examination by a doctor agreeable to the buyer and the health spa. The cost of the examination shall be borne by the health spa.

As added by P.L.249-1983, SEC.1.

IC 24-5-7-8 Contracts cancelled; refunds; proration, cancellation of loan agreements

Sec. 8. (a) All money paid pursuant to a contract for health spa services that is cancelled under this chapter shall be refunded within thirty (30) days of receipt of a notice of cancellation. However, in a cancellation under section 6 of this chapter, the seller may retain the portion of the total price representing the services used or completed plus reimbursement for the expenses incurred in an amount not to exceed twenty-five percent (25%) of the total contract price. In no instance may the seller demand more than the full contract price from the buyer.

(b) If the buyer has executed any credit or loan agreement to pay for all or part of the cancelled health spa services, that agreement shall also be cancelled and returned within thirty (30) days. Notice of the duty described by this subsection must be included in each health spa services contract, in at least ten (10) point boldface type.

As added by P.L.249-1983, SEC.1. Amended by P.L.12-1986, SEC.9.

IC 24-5-7-9 Compliance with other provisions of law

Sec. 9. The provisions of this chapter are not exclusive and do not relieve the parties from compliance with other applicable provisions of law.

As added by P.L.249-1983, SEC.1.

IC 24-5-7-10 Contracts; voidability for noncompliance; cure by seller; actions

Sec. 10. (a) A contract for health spa services that does not comply with this chapter is voidable at the option of the buyer.

(b) The seller may cure noncompliance with this chapter, and no legal action may be brought by the buyer for relief under this chapter unless, following receipt of written notice of such noncompliance, the seller:

(1) fails within thirty (30) days of receipt of the notice of noncompliance to notify all buyers with whom the seller has contracted since August 31, 1983, of the noncompliance; or

(2) fails to make all contracts for health spa services which the seller has entered into after August 31, 1983, comply with this chapter.

As added by P.L.249-1983, SEC.1.

IC 24-5-7-11 Contracts; voidability for false information or advertisement

Sec. 11. Any contract for health spa services entered into in reliance upon any willfully or fraudulently disseminated false or misleading information, representation, notice, or advertisement of the seller is void and unenforceable.

As added by P.L.249-1983, SEC.1.

IC 24-5-7-12 Waiver of chapter provisions void

Sec. 12. Any waiver by the buyer of part or all of this chapter is contrary to public policy and is void and unenforceable.

As added by P.L.249-1983, SEC.1.

IC 24-5-7-13 Surety bonds; contracts for services to be rendered at planned facilities

Sec. 13. A health spa that sells contracts for health spa services to be rendered at a planned health spa facility or a health spa facility under construction shall file with the secretary of state a bond issued by a surety company admitted to do business in Indiana in the amount of twenty-five thousand dollars ($25,000) or such greater amount as the secretary of state may specify by rule. The health spa is relieved from the obligation to maintain such a bond upon commencing health spa service.

As added by P.L.249-1983, SEC.1.

IC 24-5-7-14 Surety bonds; requisites; cancellation; notices; new bond

Sec. 14. (a) The state of Indiana shall be the obligee under the bond.

(b) The bond shall be:

(1) executed by the health spa as principal and by a corporate surety licensed to do business in Indiana as surety;

(2) in such form and shall contain such terms and conditions as the secretary of state prescribes;

(3) conditioned upon the faithful performance of all obligations of a health spa to construct or commence operations at its planned facility; and

(4) effective from the date of filing with the secretary of state and shall continue in full force and effect until cancelled.

(c) The total and aggregate liability of the surety on a bond is limited to the amount specified in the bond.

(d) A health spa may not cancel a bond prior to the commencement of health spa services without the prior written approval of the secretary of state and without the secretary's approval of a substitute bond so as to provide continuous bonding of the health spa's activities prior to the commencement of health spa services.

(e) The surety on a bond may cancel a bond filed under this chapter only after the expiration of ninety (90) days from the date the surety, by registered or certified mail, return receipt requested, mails to the secretary of state and to the principal on the bond a notice of intent to cancel.

(f) Not later than thirty (30) days prior to the date upon which a bond cancellation becomes effective, the health spa shall give written notice to the secretary of state that a new bond has been obtained so as to provide continuous bond coverage of the health spa's activities prior to the commencement of health spa services.

As added by P.L.249-1983, SEC.1.

IC 24-5-7-15 Surety bonds claims against bonds; hearing and determination; distribution of bond proceeds

Sec. 15. (a) If any health spa fails, or is alleged to have failed, to meet its obligations prior to the commencement of health spa services, the secretary of state shall hold a hearing and determine whether there has been such a failure, determine those persons who, as buyers, have sustained financial losses recoverable under the bond and, if appropriate, distribute the bond proceeds to the persons sustaining losses, to the extent of their losses.

(b) Actions upon the bond and the right to payment under the bond extend solely to the secretary of state. However, if the secretary of state has not initiated an action upon the bond by scheduling and holding a hearing within thirty (30) days of a written request to do so, any claimant may initiate an action in the circuit court of Marion County, Indiana, to require the secretary of state to take action.

(c) If, upon a hearing, the secretary of state determines that the claims of persons who have sustained financial losses recoverable under the seller's bond exceed the amount of the bond proceeds, the proceeds shall be prorated among those persons according to the ratio that each person's loss bears to the total amount of all proven losses.

(d) The determination of the secretary of state as to liability under the bond and the amount distributed under the bond is binding upon the principal and surety of the bond.

(e) All hearings held under this section shall be held in accordance with IC 4-21.5-3.

(f) The existence of the bond and the bond recovery procedure in no way affect or alter any other right or remedy which a person may have under applicable law.

As added by P.L.249-1983, SEC.1. Amended by P.L.7-1987, SEC.109.

IC 24-5-7-16 Purchase of facility; assumption of membership contract liability; preservation of actions or defenses

Sec. 16. (a) A purchaser of a health spa facility that offers health spa services to the public assumes all membership contract liability from the previous seller.

(b) Any right of action or defense arising out of a health spa services contract that the buyer has against the seller is preserved against an assignee of or successor to the contract.

As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.17.

IC 24-5-7-16.5 Refunds; options; repair and maintenance

Sec. 16.5. (a) Except as provided in subsection (d), if any of a health spa's facilities or services described in the contract are no longer provided before full receipt of the services and use of facilities for which the buyer contracted, the buyer is entitled to a refund based on the total consideration proportional to the elapsed time portion of the contract at the time of the unavailability, or may exercise the option provided by subsection (b).

(b) A buyer has the option, instead of the proportional refund provided in subsection (a), to choose to complete the unused portion of the contract, including renewal periods, at another location that is owned, controlled, affiliated with, or operated by the seller. A modification of the contract must be made in writing.

(c) This section does not restrict a health spa's ability to:

(1) make improvements to the facilities or services; or

(2) replace a facility or service with a superior facility or service.

(d) If a health spa ceases to provide services or access to facilities in order to perform regular maintenance or to repair equipment, a buyer may not exercise the rights provided in subsection (a) or (b) until the health spa has failed to provide services or access to facilities for a continuous period of thirty (30) days. However, if a health spa that has ceased to provide services or access to facilities in order to perform regular maintenance or repair equipment is unable to resume providing services or access to facilities within thirty (30) days due to circumstances beyond the control of the operator of the health spa, a buyer may not exercise the rights provided in subsection (a) or (b) until the health spa has failed to provide services or access to facilities for a continuous period of sixty (60) days.

As added by P.L.24-1989, SEC.18.

IC 24-5-7-17 Violations by buyer or seller; actions; penalties

Sec. 17. A purchaser of a health spa facility or a seller who violates this chapter commits a deceptive act that is actionable by the attorney general or by a buyer under IC 24-5-0.5, and is subject to the penalties set forth in that chapter.

As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.19.

IC 24-5-7-18 Enforcement powers

Sec. 18. The secretary of state shall have all powers necessary to accomplish the responsibilities assigned to him in this chapter including but not limited to the authority to compel the production of financial statements and such other information as the secretary of state may deem necessary.

As added by P.L.249-1983, SEC.1.

Ch. 8 Business Opportunity Transactions

IC 24-5-8-1 Definitions

Sec. 1. As used in this chapter:

"Business opportunity" means an investment that:

(1) involves the sale or lease or offer to sell or lease any goods or services to an investor that are to be used by the investor in beginning or operating a business;

(2) involves an initial payment by the investor of more than five hundred dollars ($500) and an initial cash payment of less than fifty thousand dollars ($50,000); and

(3) involves a solicitation of investors in which the seller represents that:

(A) the investor may or will earn an amount in excess of the initial payment as a result of the investment;

(B) a market exists for any goods to be made or services to be rendered by the investor;

(C) the seller may buy from the investor any goods to be made or services to be rendered by the investor;

(D) the seller or a person referred by the seller to the investor may or will sell, lease, or distribute the goods made or services rendered by the investor; or

(E) the seller may or will pay to the investor the difference between the initial payment and the investor's earnings from the investment.

"Business opportunity" does not include an investment that involves:

(1) the sale of a franchise as defined by IC 23-2-2.5-1 or IC 23-2-2.7-5;

(2) the sale of any assets (other than inventory) of an ongoing business by the owner of the business;

(3) the not-for-profit sale of sales demonstration equipment, materials, or samples for a total price of five hundred dollars ($500) or less; or

(4) the sale of all or substantially all of the assets of an ongoing business.

"Contract" means any agreement relating to a business opportunity.

"Goods" means any merchandise, equipment, product, supply, or material.

"Initial cash payment" means that portion of the initial payment that the investor is obligated to pay to the seller before or at the time of delivery of goods or services. The term does not include any amount financed by the seller, any amount for which financing is to be obtained by the seller, any amount that the seller assists in financing, or any amount required by the seller to be deposited as security for the performance by an investor of the operation of the business or that secures an extension of credit.

"Initial payment" means the total amount an investor is obligated to pay under the terms of the contract before or at the time of delivery of the goods or services to the investor or within six (6) months of the date that the investor commences operation of the business. If the contract states a total price for the business opportunity and provides that the total price is to be paid partially as an initial cash payment and the remainder in specific monthly payments, the term means the total price. The term does not include any amount required by the seller to be deposited as security for the performance by an investor of the operation of the business or that secures an extension of credit.

"Investor" means a person who is solicited to become obligated or does become obligated on a contract.

"Offer" includes every attempt to dispose of a business opportunity or an interest in a business opportunity for value.

"Person" means a human being, corporation, limited liability company, partnership, unincorporated association, trust, or governmental entity.

"Sale" includes every contract to sell or dispose of a business opportunity or an interest in a business opportunity for value.

"Seller" means a person, or his agent, who sells or leases or offers to sell or lease a business opportunity.

"Service" means any assistance, guidance, direction, work, labor, or such other act as may be provided by the seller in the initiation or maintenance of a business.

"Substantial seller" means a seller who has a net worth on a consolidated basis, according to current financial statements certified by an independent certified public accountant, of:

(1) at least five million dollars ($5,000,000); or

(2) at least one million dollars ($1,000,000) if the seller is at least eighty percent (80%) owned by a corporation that has a net worth on a consolidated basis, according to current financial statements certified by an independent certified public accountant, of at least five million dollars ($5,000,000).

As added by P.L.134-1984, SEC.1. Amended by P.L.239-1985, SEC.2; P.L.12-1986, SEC.10; P.L.252-1987, SEC.1; P.L.8-1993, SEC.361.

IC 24-5-8-1.5 Substantial sellers; application of certain sections

Sec. 1.5. Sections 2, 3, 4, 13, 15, and 19 of this chapter do not apply to a substantial seller.

As added by P.L.252-1987, SEC.2.

IC 24-5-8-2 Disclosure document; cover sheet; contents

Sec. 2. (a) At least seventy-two (72) hours before the time the investor signs a contract, or at least seventy-two (72) hours before receipt of any consideration by the seller, whichever occurs first, the seller shall provide the investor a written disclosure document, the cover sheet of which is entitled in at least ten (10) point bold face capital letters "DISCLOSURES REQUIRED BY INDIANA LAW". Under this title, the following statement must appear in at least ten (10) point type: "The state of Indiana has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract.". Nothing except the title and statement may appear on the cover sheet.

(b) The disclosure document must also contain the following information:

(1) The name of the seller, whether the seller is doing business as an individual, partnership, limited liability company, or corporation, the names under which the seller has done, is doing, or intends to do business, and the name of any parent or affiliated company that will engage in business transactions with the investor or that will take responsibility for statements made by the seller.

(2) The names, business addresses, business telephone numbers, and titles of the seller's officers, directors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the seller's business activities relating to the sale of business opportunities.

(3) The names, business addresses, and business telephone numbers of all the seller's representatives who are soliciting business opportunities in Indiana.

(4) The length of time the seller has:

(A) solicited business opportunities; and

(B) solicited business opportunities involving the goods or services currently being offered to the investor.

(5) A statement of the initial payment to be paid by the investor, or when not known, a statement of the approximate initial payment to be paid.

(6) An unexecuted copy of all contracts.

(7) The following financial statements:

(A) A balance sheet of the seller as of the close of its last fiscal year.

(B) Income statements for each of the seller's last three (3) fiscal years or for the period of the seller's and any predecessor's existence, if the seller and any predecessor have been in existence for less than three (3) years.

(8) A complete and detailed description of any service that the seller undertakes to perform for the investor.

(9) A complete description of any training offered by the seller, the length of training, and a detailed itemization of all costs to be covered by any fee to be charged for the training.

(10) A statement disclosing the names, home addresses, and home telephone numbers of all persons who have been investors in a business opportunity offered by the seller within the last two (2) year period.

(11) A statement listing the name, home address, and home telephone number of any investor who has requested within the preceding three (3) year period that the seller return his money.

(12) A statement as to whether the seller or any of its officers, directors, trustees, general partners, general managers, principal executives, or representatives has been:

(A) held liable in a civil action for unfair, false, misleading, or deceptive practices;

(B) convicted of a crime involving fraud, embezzlement, conversion, or theft during the most recent seven (7) year period; or

(C) declared bankrupt in any judicial proceeding during the most recent seven (7) year period.

(13) A statement as to whether the seller or any of its officers, directors, trustees, general partners, general managers, principal executives, or representatives has been a party to any legal cause of action brought by an investor within the most recent seven (7) year period.

(14) A statement as to whether the seller or any of its officers, directors, trustees, general partners, general managers, principal executives, or representatives is currently involved in litigation alleging unfair, false, misleading, or deceptive practices.

(15) A statement containing the name of the parties, the name of the court, the cause or docket number of the lawsuit, the date the suit was filed, and the date the judgment was entered, if applicable, for each answer to subdivisions (12), (13), and (14).

(16) The following statement: "As required by Indiana law, the seller has secured a bond issued by _______________ (name and address of surety), a surety company authorized to do business in Indiana. Before signing a contract to invest in this business opportunity, you should check with the surety company to determine the bond's current status.".

(17) If the seller makes any statement concerning earnings or range of earnings that may be earned through the business opportunity, the seller must set forth the following:

"No guarantee of earnings or ranges of earnings can be made. The number of investors who have earned through this business opportunity an amount in excess of the amount of their initial payment is at least ________, which represents ________ percent of the total number of investors in this business opportunity.".

As added by P.L.134-1984, SEC.1. Amended by P.L.8-1993, SEC.362.

IC 24-5-8-3 Surety bonds; requirements; waiver

Sec. 3. (a) A seller shall obtain a surety bond issued by a surety company authorized to do business in Indiana. The amount of the bond must be at least twenty (20) times the initial payment required for the business opportunity, but not less than seventy-five thousand dollars ($75,000). The bond must be in favor of the state for the use and benefit of investors.

(b) The attorney general may waive the bonding requirement under subsection (a) and accept in lieu of the bond an irrevocable letter of credit for an equivalent amount issued in the favor of the state.

As added by P.L.134-1984, SEC.1. Amended by P.L.12-1986, SEC.11.

IC 24-5-8-4 Requirements before advertising; amendment of filings; renewal fee; record of filings

Sec. 4. (a) Before placing any advertisement or making any other representations to any investor in Indiana, the seller shall:

(1) file a copy of the disclosure statement required by section 2 of this chapter and the bond required by section 3 of this chapter with the consumer protection division of the office of the attorney general; and

(2) pay an initial filing fee of fifty dollars ($50).

(b) The seller shall amend these filings when any material change in the information occurs and shall pay a fee of ten dollars ($10) for filing the amendment.

(c) If the seller continues to solicit business opportunities in Indiana, he shall pay annually a renewal fee of ten dollars ($10) on or before the anniversary date of the initial filing for the particular business opportunity.

(d) The director of the consumer protection division of the office of the attorney general or his designate shall maintain a record of all filings made under this chapter and shall assign a registration number to each of them. The seller shall be advised in writing of the assigned number. Any advertisements, pamphlets, brochures, or any other materials used in the solicitation of a business opportunity must include the assigned registration number in the following manner: "C.P.D. Reg. No. ____ .".

As added by P.L.134-1984, SEC.1.

IC 24-5-8-5 Representations of business opportunity; copy to investor, contents

Sec. 5. (a) If the seller represents that the business opportunity provides earning potential of any kind, the seller shall have data to substantiate the claims of earning potential and shall give to the investor at the first in person communication by the seller a copy of this data or a copy of any statement of estimated or projected earning potential prepared for presentation to prospective investors, together with an explanation of the statement. A mathematical computation of the number of sales multiplied by the amount of profit per sale to reach a projected earnings figure is not sufficient data to substantiate an earnings potential claim for the purposes of this section.

(b) The earning potential data given to the investor by a seller, except a substantial seller, must disclose:

(1) the length of time the seller has been soliciting the particular business opportunity;

(2) the number of investors in the particular business opportunity that were solicited by the seller and known to the seller to have made at least the same sales, earnings, or profits as those represented;

(3) the percentage the number in subdivision (2) represents of the total number of investors in the particular business opportunity that were solicited by the seller; and

(4) the current address of any person named by the seller as having profited from the particular business opportunity, a description of the circumstances under which the profit was earned, and a description of any interest held by the named person in the business opportunity being offered to the investor.

As added by P.L.134-1984, SEC.1. Amended by P.L.252-1987, SEC.3.

IC 24-5-8-6 Contracts; contents

Sec. 6. (a) The seller shall put every contract in writing and shall give the investor a copy of the contract at the time the investor signs the contract.

(b) The seller shall include in every contract the following:

(1) The seller's business address and the name and business address of the seller's agent in this state authorized to receive service of process.

(2) The terms and conditions of payment.

(3) A detailed description of any services that the seller undertakes to perform for the investor.

(4) A detailed description of any training that the seller undertakes to provide to the investor.

(5) The approximate delivery date of any goods the seller is to deliver to the investor.

(6) A statement of the investor's right to cancel that must:

(A) appear under the conspicuous caption, "INVESTOR'S RIGHT TO CANCEL WITHIN 30 DAYS"; and

(B) contain the following statement in no smaller type than the body portion of the contract: "THE INVESTOR IN THIS BUSINESS OPPORTUNITY HAS THE RIGHT TO CANCEL THIS CONTRACT FOR ANY REASON AT ANY TIME BEFORE MIDNIGHT OF THE 30TH CALENDAR DAY AFTER THIS CONTRACT IS ENTERED INTO. YOU MAY CANCEL THIS CONTRACT BY MAILING A NOTICE THAT YOU DO NOT WANT THE BUSINESS OPPORTUNITY TO THE SELLER BEFORE ________, 20 AT 12:00 MIDNIGHT AT _______________.".

(c) Subsection (b)(6) does not apply to a contract entered into by a substantial seller, unless required by the consumer protection division of the office of the attorney general for good cause shown after notice.

As added by P.L.134-1984, SEC.1. Amended by P.L.252-1987, SEC.4; P.L.2-2005, SEC.62.

IC 24-5-8-7 Books, records, and accounts; documents

Sec. 7. (a) Every seller shall keep and maintain a complete set of books, records, and accounts of business opportunity transactions made by the seller.

(b) The seller shall keep all documents relating to each contract entered into by the seller for four (4) years after the date of the contract.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-8 Validity of waiver of provisions by investor

Sec. 8. Any waiver by an investor of the provisions of this chapter is deemed contrary to public policy and is void and unenforceable.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-9 Attempts to have investor waive rights

Sec. 9. A seller may not attempt to have an investor waive rights given to the investor by this chapter.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-10 Cutting off right or defense of investor against seller

Sec. 10. A seller may not require the investor to execute any note that will cut off a right or defense that the investor or a third party may have against the seller.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-11 Initial cash payment

Sec. 11. A seller may not require an initial cash payment that exceeds twenty percent (20%) of the initial payment.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-12 Escrow accounts

Sec. 12. A seller may not require a payment before the delivery of any goods that exceeds twenty percent (20%) of the initial payment unless the amount in excess of the twenty percent (20%) payment is placed in an escrow account which provides that the money can not be released until:

(1) the investor notifies the escrow agent in writing of the receipt of the goods; or

(2) the seller presents to the escrow agent a bill of lading that proves shipment of the goods as required by the contract.

Notification of receipt by the investor to the escrow agent may not be unreasonably withheld.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-13 Reference to compliance with chapter in advertisement

Sec. 13. A seller may not make any reference to its compliance with this chapter in any advertisement or other contact with an investor other than by setting forth the registration number as provided in section 4 of this chapter.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-14 Use of commercial symbols

Sec. 14. A seller may not use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business that does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the business opportunity.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-15 Cancellation of contract for seller's failure to comply

Sec. 15. If a seller fails to comply with section 2 of this chapter, the investor may cancel any contract by notifying the seller in any manner.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-16 Voiding contracts

Sec. 16. (a) If a seller:

(1) uses any untrue, misleading, or deceptive statements in a business opportunity transaction;

(2) fails to deliver the goods or services necessary to begin substantial operation of the business within forty-five (45) days of the delivery date stated in the contract; or

(3) fails to comply with section 6 of this chapter;

the investor may void the contract within one (1) year of the date of the contract by giving written notice to the seller and is entitled to a return from the seller of all consideration paid to the seller.

(b) Upon receipt by the investor of the consideration paid to the seller, the investor shall make available to the seller, at a reasonable time and place, the goods received by the investor. However, the investor is not entitled to unjust enrichment by exercising the rights provided by this section.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-17 Recovery of actual damages for seller's failure to comply with chapter or breach of contract

Sec. 17. Notwithstanding any other section of this chapter, a person who is damaged by a seller's failure to comply with this chapter or by a seller's breach of a contract may:

(1) bring an action for recovery of his actual damage including attorney fees; and

(2) bring an action against the bond required by section 3 of this chapter;

to recover an amount equal to his actual damages. However, the liability of the seller under this section may not exceed the amount of the bond.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-18 Injunction

Sec. 18. Upon complaint by any person that a seller has failed to comply with this chapter, the circuit or superior court of the county of residence of the complainant may enjoin the seller from further violations.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-19 Failure to comply; penalty

Sec. 19. A person who fails to comply with section 4 of this chapter commits a Level 6 felony.

As added by P.L.134-1984, SEC.1. Amended by P.L.158-2013, SEC.274.

IC 24-5-8-20 Failure to comply; deceptive act

Sec. 20. A person who fails to comply with any provision of this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4(c) and is subject to the penalties enumerated in IC 24-5-0.5.

As added by P.L.134-1984, SEC.1.

IC 24-5-8-21 Construction

Sec. 21. Nothing in this chapter shall be construed as relieving a person from complying with IC 23-2-2.5, IC 23-2-2.7, and IC 23-19.

As added by P.L.134-1984, SEC.1. Amended by P.L.27-2007, SEC.24.

Ch. 10 Home Solicitation Sales

IC 24-5-10-1 "Business day" defined

Sec. 1. As used in this chapter, "business day" means a day other than Sunday or a legal holiday.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-2 "Consumer" defined

Sec. 2. As used in this chapter, "consumer" means an individual who is the ultimate user of the subject of a consumer transaction.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-3 "Consumer transaction" defined

Sec. 3. As used in this chapter, "consumer transaction" means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible to an individual for purposes that are primarily personal, family, or household, or a solicitation to supply any of these things, with or without an extension of credit. The term does not include securities and policies or contracts of insurance issued by corporations authorized to transact an insurance business under the laws of Indiana.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-4 "Home consumer transaction" defined

Sec. 4. As used in this chapter, "home consumer transaction" means a consumer transaction that the consumer did not solicit that results from the direct contact by a supplier at a place other than the supplier's permanent place of business. For purposes of this chapter, direct contact by the supplier does not include:

(1) contact conducted and consummated entirely by mail or telephone;

(2) contact between the buyer and seller or its representatives before delivery of the goods or performance of the services in the case of a supplier regulated under IC 23-7-8; or

(3) advertising to the general public.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-5 "Person" defined

Sec. 5. As used in this chapter, "person" means an individual, a corporation, the state or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, a cooperative, or any other legal entity.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-6 "Supplier" defined

Sec. 6. As used in this chapter, "supplier" means a seller, lessor, assignor, or other person who engages in or solicits consumer transactions, including a manufacturer, wholesaler, or retailer, whether or not the supplier deals directly with the consumer.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-7 "Subject of a consumer transaction" defined

Sec. 7. As used in this chapter, "subject of a consumer transaction" means the personal property, real property, services, or intangibles furnished in a consumer transaction, whether the transaction is governed by a single contract or multiple contracts.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-8 Cancellation of transaction; notice to supplier

Sec. 8. (a) A consumer may cancel a home consumer transaction if:

(1) the subject of the consumer transaction has a cash sales price of at least twenty-five dollars ($25); and

(2) the consumer gives the supplier a written notice that meets the requirements of 16 C.F.R. 429.1(a) and (b).

(b) The notice given under subsection (a)(2) must meet the following requirements:

(1) It must be given before midnight of the third business day after the later of the date:

(A) the supplier furnishes the consumer with the notice required by section 9 of this chapter; or

(B) the consumer and the supplier finally agree to the contract for the subject of the consumer transaction.

(2) It must express in any form the consumer's intention to cancel the consumer transaction.

(3) It must be delivered in person or sent by mail or other device to the address given in the supplier's notice required by section 9 of this chapter or to the address of the supplier last known to the consumer if such notice was not given.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-9 Cancellation rights; notice to consumer

Sec. 9. (a) The supplier in a home consumer transaction subject to section 8 of this chapter shall deliver to the consumer two (2) copies of a written notice of the consumer's right to cancel the transaction.

(b) The notice shall be on a separate document in at least ten (10) point boldface type and contain the following information:

(1) The address to which the consumer's notice of cancellation may be delivered or sent.

(2) A statement that the transaction may be cancelled before midnight of the third business day after the consumer and the supplier finally agree to the transaction.

(3) A statement of the explanation of the steps the consumer must take to cancel the home consumer transaction.

(4) A statement of the steps the consumer and supplier must take after cancellation of the home consumer transaction.

(5) The date by which the consumer must exercise the right to cancel the transaction.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-10 Supplier's address change as defense

Sec. 10. A change of the supplier's address is not a defense unless the consumer receives written notice of the change by delivery in person or by certified or registered mail within the time the consumer may exercise the consumer's right to cancel under this chapter.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-11 Final agreement

Sec. 11. Final agreement to a contract does not occur until the consumer and the supplier unequivocally agree to the contract and the supplier obtains any required approvals by another supplier or person.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-12 Return of consideration upon cancellation; emergency home improvements completed; quantum meruit

Sec. 12. If the consumer exercises the right to cancel under this chapter, the supplier shall, within ten (10) business days after the notice of cancellation is delivered, return to the consumer any payment or other consideration transferred to the supplier by the consumer. However, if the transaction constitutes a real property improvement contract under IC 24-5-11 and if the real property improvement has been made on an emergency basis within three (3) days after final agreement to the contract, the supplier is entitled to recover from the consumer the fair market value of the material and labor involved to alleviate the emergency.

As added by P.L.251-1987, SEC.2. Amended by P.L.170-2017, SEC.3.

IC 24-5-10-13 Repossession by supplier; conditions

Sec. 13. (a) If the consumer exercises the right to cancel under this chapter and has possession of the subject of the consumer transaction, the supplier may retake possession only:

(1) if the supplier has complied with section 12 of this chapter;

(2) if no more than ten (10) days have passed after compliance with section 12 of this chapter; and

(3) to the extent its return is feasible and can be done without causing damage to any other property of the consumer.

(b) If the supplier fails to take possession of the property within twenty (20) days after receipt of the notice of cancellation, the supplier's right to possession is forfeited.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-14 Mitigation of damages

Sec. 14. The supplier is not entitled to mitigation of damages if a consumer properly exercises the consumer's right to cancel under this chapter.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-15 Supplier provided remedies

Sec. 15. This chapter does not restrict the supplier from offering or providing additional or broader reasons for cancellation.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-16 Other remedies

Sec. 16. The consumer's right to cancel a home consumer transaction under this chapter is in addition to any other remedy available to the consumer. This right cannot be waived.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-17 Violations

Sec. 17. It is a violation of this chapter for a supplier to:

(1) fail to give the notice required by section 9 of this chapter;

(2) fail or refuse to make a full refund as required by this chapter; or

(3) knowingly interfere with the consumer's exercise of the consumer's rights under this chapter.

As added by P.L.251-1987, SEC.2.

IC 24-5-10-18 Penalties

Sec. 18. A supplier who violates this chapter:

(1) commits a Class C infraction and is required to make a full refund as provided by section 12 of this chapter; and

(2) commits a deceptive act that is actionable by the attorney general or by a consumer under IC 24-5-0.5-4 and is subject to the remedies and penalties under IC 24-5-0.5.

As added by P.L.251-1987, SEC.2.

Ch. 11 Home Improvement Contracts

IC 24-5-11-1 Applicability

Sec. 1. This chapter applies only to residential real property located in Indiana, including all fixtures to, structures on, and improvements to the real property.

As added by P.L.251-1987, SEC.3. Amended by P.L.82-2012, SEC.1; P.L.170-2017, SEC.4.

IC 24-5-11-2 "Consumer"

Sec. 2. As used in this chapter, "consumer" means a person that owns, leases, or rents the residential real property that is the subject of a real property improvement contract.

As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.5.

IC 24-5-11-2.5 "Exterior improvement"

Sec. 2.5. As used in this chapter, "exterior improvement" means any alteration, repair, replacement, reconstruction, or other modification made to the exterior of residential real property, including the exterior of any structure on or fixture or improvement to the property. The term also includes the alteration, repair, replacement, reconstruction, or other modification of a residential roof system.

As added by P.L.82-2012, SEC.2. Amended by P.L.170-2017, SEC.6.

IC 24-5-11-2.6 "Insurance policy"

Sec. 2.6. As used in this chapter, "insurance policy" refers to a:

(1) personal line policy of property and casualty insurance coverage; or

(2) commercial line farm insurance policy that insures residential property.

As added by P.L.170-2017, SEC.7.

IC 24-5-11-2.7 "Insured consumer"

Sec. 2.7. As used in this chapter, "insured consumer" refers to a person:

(1) that is a policyholder or an insured under a:

(A) personal line policy of property and casualty insurance coverage; or

(B) commercial line farm insurance policy that insures residential property; and

(2) that is or may become a consumer that enters into a real property improvement contract under this chapter.

As added by P.L.170-2017, SEC.8.

IC 24-5-11-2.8 "Interior improvement"

Sec. 2.8. As used in this chapter, "interior improvement" means any alteration, repair, replacement, reconstruction, or other modification made to the interior of real property, including the interior of any structure on or fixture or improvement to the property. The term also includes the alteration, repair, reconstruction, or other modification of a basement.

As added by P.L.170-2017, SEC.9.

IC 24-5-11-3 "Real property improvement"

Sec. 3. (a) As used in this chapter, "real property improvement" means any alteration, repair, replacement, reconstruction, or other modification of residential real property.

(b) The term includes the following:

(1) An exterior improvement.

(2) An interior improvement.

As added by P.L.251-1987, SEC.3. Amended by P.L.82-2012, SEC.3; P.L.170-2017, SEC.10.

IC 24-5-11-4 "Real property improvement contract"

Sec. 4. As used in this chapter, "real property improvement contract" means an agreement, oral or written, between a real property improvement supplier and a consumer to make a real property improvement and for which the real property improvement contract price exceeds one hundred fifty dollars ($150).

As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.11.

IC 24-5-11-5 "Real property improvement contract price"

Sec. 5. As used in this chapter, "real property improvement contract price" means the amount actually charged for the services, materials, and work to be performed under the real property improvement contract but does not include financing costs, loan consolidation amounts, taxes, and governmental fees paid by or on behalf of the consumer, amounts returned to or on behalf of the consumer, or similar costs not related to the real property improvement.

As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.12.

IC 24-5-11-6 "Real property improvement supplier"

Sec. 6. As used in this chapter, "real property improvement supplier" means a person who engages in or solicits real property improvement contracts whether or not the person deals directly with the consumer.

As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.13.

IC 24-5-11-6.2 Repealed

As added by P.L.82-2012, SEC.4. Repealed by P.L.170-2017, SEC.14.

IC 24-5-11-7 "Person"

Sec. 7. As used in this chapter, "person" means an individual, a corporation, the state or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, or a cooperative or any other legal entity.

As added by P.L.251-1987, SEC.3.

IC 24-5-11-7.5 "Real property" or "residential real property"

Sec. 7.5. (a) As used in this chapter, "real property" or "residential real property" means real property that:

(1) contains one (1) to four (4) units; and

(2) is used in whole or in part as a dwelling of a consumer.

(b) The term includes all fixtures to, structures on, and improvements to the real property.

As added by P.L.82-2012, SEC.5. Amended by P.L.170-2017, SEC.15.

IC 24-5-11-7.7 "Roof system"

Sec. 7.7. As used in this chapter, "roof system" includes roof coverings, roof sheathing, roof weatherproofing, and insulation.

As added by P.L.82-2012, SEC.6.

IC 24-5-11-8 "Specifications"

Sec. 8. As used in this chapter, "specifications" means the plans, detailed drawings, lists of materials, or other methods customarily used in the residential building industry as a whole to describe with particularity the work, workmanship, materials, and quality of materials for each project.

As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.16.

IC 24-5-11-9 License or permit as prerequisite

Sec. 9. If a license or permit is necessary for any part of a real property improvement, the real property improvement contract must be conditioned upon the appropriate party obtaining the necessary licenses or permits before any work under the real property improvement contract commences.

As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.17.

IC 24-5-11-10 Contract requirements; insurance policies; exterior improvements; statement of right to cancel; notice of cancellation; supplier's nexus with Indiana; contract modifications; third party suppliers; consumer's rights not subject to assignment; contract to reflect full amount of contract price less discounts; impersonation of consumer

Sec. 10. (a) A real property improvement supplier shall provide a completed real property improvement contract to the consumer before it is signed by the consumer. Except as provided in subsection (c), and subject to subsection (e) and section 10.6 of this chapter for contracts entered into after June 30, 2017, the contract must contain at a minimum the following:

(1) The name of the consumer and the address of the real property that is the subject of the real property improvement.

(2) The following information:

(A) The name and address of the real property improvement supplier and, for a real property improvement contract executed after June 30, 2017, an electronic mail address maintained and used by the real property improvement supplier to communicate with consumers.

(B) The following information with respect to each owner, officer, employee, or agent of the real property improvement supplier to whom consumer problems and inquiries can be directed:

(i) Name.

(ii) Telephone number.

(iii) For a real property improvement contract executed after June 30, 2017, an electronic mail address maintained and used by the owner, officer, employee, or agent to communicate with consumers.

(3) The date the real property improvement contract was submitted to the consumer and any time limitation on the consumer's acceptance of the real property improvement contract.

(4) A reasonably detailed description of the proposed real property improvements.

(5) If the description required by subdivision (4) does not include the specifications for the real property improvement, a statement that the specifications will be provided to the consumer before any work is commenced under the real property improvement contract and that the real property improvement contract is subject to the consumer's separate written and dated approval of the specifications.

(6) The approximate starting and completion dates of the real property improvements.

(7) A statement of any contingencies that would materially change the approximate completion date.

(8) The real property improvement contract price.

(9) Subject to subsections (b) and (c)(8), for a real property improvement contract executed after June 30, 2017, a statement as to whether any third party, including any:

(A) subcontractor;

(B) vendor; or

(C) other person;

that is not a party to the contract, will lease or furnish any labor, services, material, equipment, or machinery to, or on behalf of, the real property improvement supplier in connection with the real property improvement.

(10) Signature lines for the real property improvement supplier or the supplier's agent and for each consumer who is to be a party to the real property improvement contract with a legible printed or a typed version of that person's name placed directly after or below the signature.

(b) The real property improvement contract must be in a form that each consumer who is a party to it can reasonably read and understand.

(c) If a real property improvement contract is entered into for damage, loss, or expense that is to be paid, in whole or in part, from the proceeds of an insurance policy, or for damage, loss, or expense for which a third party is liable, the following conditions and requirements apply to the real property improvement contract:

(1) For the purpose of subsection (a)(4) through (a)(7), the description, completion dates, and statement of contingencies must be prepared for the proposed real property improvements to the extent that the damage, loss, or expense is reasonably known by the real property improvement supplier.

(2) For the purpose of subsection (a)(4), the requirement that a reasonably detailed description be included in the contract may be satisfied with a statement that the subject real estate will be repaired or restored to the same condition in which the real estate existed before the damage, loss, or expense occurred, or to a comparable condition.

(3) For the purpose of subsection (a)(6), the starting and completion dates may be expressed in terms of the number of days elapsed from the date when sufficient approval of the insurance carrier terms allowing for adequate repair or restoration is obtained.

(4) For the purpose of subsection (a)(8), the consumer or insured consumer may agree to a contract price expressed in terms of the consumer's or insured consumer's liability for payment after the application of insurance proceeds or payments from a liable third party.

(5) The consumer or insured consumer may elect, in writing, to authorize the commencement of work on the real property before the consumer or insured consumer receives complete specifications. However, a consumer or an insured consumer who elects to authorize the commencement of work under this subdivision is obligated for the real property improvements specified and, if applicable, agreed to by the insurance carrier.

(6) This subdivision applies to a real property improvement contract that is entered into by a real property improvement supplier and an insured consumer after June 30, 2012, and before July 1, 2017, and that includes one (1) or more exterior improvements. Before entering into a real property improvement contract that is to be paid, in whole or in part, from the proceeds of an insurance policy, the real property improvement supplier must inform the insured consumer of the insured consumer's rights under section 10.5(b) of this chapter by doing the following:

(A) Furnishing to the insured consumer the following statement: "You may cancel this contract at any time before midnight on the third business day after you have received written notification from your insurance company that all or any part of the claim or contract is not a covered loss under the insurance policy. See attached notice of cancellation form for an explanation of this right.".

(B) Furnishing to the insured consumer a form, in duplicate, that is captioned "NOTICE OF CANCELLATION" and is attached to the contract but easily detachable, and that contains the following statement in at least 10 point, boldface type:

"NOTICE OF CANCELLATION

If you are notified by your insurance company that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (name of real property improvement supplier) at (address of real property improvement supplier's place of business) at any time before midnight on the third business day after you have received such notice from your insurance company.

If you cancel the contract, any payments made by you under the contract will be returned to you within ten (10) business days following receipt by (name of real property improvement supplier) of your cancellation notice, minus any amounts you may owe for work already done by (name of real property improvement supplier).

I HEREBY CANCEL THIS TRANSACTION

---

(date)

---

(insured consumer's signature)".

(7) This subdivision applies to a real property improvement contract that is entered into as a result of damage, loss, or expense that is to be paid, in whole or in part, from the proceeds of an insurance policy. However, this subdivision does not apply to a consumer and a real property improvement supplier that have a prior business relationship. After June 30, 2012, a real property improvement supplier may not enter into a real property improvement contract to which this subdivision applies unless one (1) or more of the following apply:

(A) The real property improvement supplier resides, is domiciled, or is authorized to do business in Indiana.

(B) The real property improvement supplier maintains in Indiana one (1) or more fixed physical locations from which the real property improvement supplier engages in or solicits real property improvement contracts.

(C) The real property improvement supplier has appointed a resident agent in Indiana for service of legal process.

(8) This subdivision applies to a real property improvement contract that is entered into by a real property improvement supplier and an insured consumer after June 30, 2017, and in connection with which a third party described in subsection (a)(9) will lease or furnish labor, services, material, equipment, or machinery to, or on behalf of, the real property improvement supplier. Subject to subsection (b), a real property improvement contract to which this subdivision applies must include, in addition to the statement required under subsection (a)(9), a statement that neither the real property improvement supplier nor a third party described in subsection (a)(9) may initiate or pursue a claim with the insured consumer's insurance company.

(d) A modification to a real property improvement contract is not enforceable against a consumer unless the modification is stated in a writing that is signed by the consumer.

(e) This subsection applies to a real property improvement contract that is executed after June 30, 2017, and in connection with which a third party described in subsection (a)(9) leases or furnishes labor, services, material, equipment, or machinery to, or on behalf of, the real property improvement supplier that is a party to the contract. Neither the real property improvement supplier nor a party described in subsection (a)(9) may initiate or pursue a claim with an insured consumer's insurance company.

(f) A real property improvement contract may not assign any rights of the consumer to any supplier or third parties.

(g) A real property improvement contract must reflect the full amount of the contract price less any discounts offered.

(h) A real property improvement supplier or third party who recklessly, knowingly, or intentionally impersonates a consumer commits a Class A misdemeanor.

As added by P.L.251-1987, SEC.3. Amended by P.L.119-2001, SEC.1; P.L.82-2012, SEC.7; P.L.170-2017, SEC.18.

IC 24-5-11-10.5 Prohibited acts; contracts with insured consumers for exterior improvements; right to cancel; services performed; acting as public adjuster prohibited

Sec. 10.5. (a) A real property improvement supplier shall not advertise, offer, or promise to pay or rebate any part of an insurance deductible to induce a person to enter into a real property improvement contract or otherwise purchase goods or services from the real property improvement supplier. Acts prohibited by this subsection include the following:

(1) Advertising, offering, or promising to grant an allowance or a discount against the real property improvement contract price or against other fees or charges.

(2) Advertising, offering, or promising to pay to an insured consumer, or to any other person, any form of compensation, including a gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason, including the display of a sign or advertisement on real property.

(b) This subsection applies to a real property improvement contract that is entered into by a real property improvement supplier and an insured consumer after June 30, 2012, and before July 1, 2017, and that includes one (1) or more exterior improvements. An insured consumer who enters into a real property improvement contract for which the real property improvement contract price, or charges for other goods and services under the contract, are to be paid, in whole or in part, from the proceeds of an insurance policy, may cancel the contract before midnight on the third business day after the insured consumer has received written notice from the insurance company that any part of the claim or contract is not a covered loss under the insurance policy. An insured consumer who seeks to cancel a real property improvement contract under this subsection must provide to the real property improvement supplier, at the address specified in the form provided under section 10(c)(6)(B) of this chapter, written notice of the insured consumer's intent not to be bound by the contract. If the notice of cancellation is sent by mail, the notice is effective upon deposit of the notice into the United States mail, with postage prepaid and the notice properly addressed to the real property improvement supplier. Subject to subsection (c), not later than ten (10) days after a real property improvement contract is cancelled under this subsection, the real property improvement supplier shall tender to the insured consumer:

(1) any payment or deposit made by the insured consumer; and

(2) any note or other evidence of indebtedness of the insured consumer.

(c) If:

(1) an insured consumer cancels a real property improvement contract under subsection (b); and

(2) the real property improvement supplier has performed emergency or temporary services that the insured consumer acknowledged in writing before their performance to be necessary to prevent damage to the residential property;

the real property improvement supplier is entitled to the reasonable value of the emergency or temporary services performed.

(d) A real property improvement supplier shall not act as a public adjuster (as defined in IC 27-1-27-1).

As added by P.L.82-2012, SEC.8. Amended by P.L.170-2017, SEC.19.

IC 24-5-11-10.6 Contracts entered after June 30, 2017; statement of right to cancel; notice of cancellation; consumer's right to cancel; effective date of notice; return of payment or deposit; emergency or temporary services performed

Sec. 10.6. (a) This section applies to a real property improvement contract that is entered into by a real property improvement supplier and a consumer after June 30, 2017.

(b) Before entering into a real property improvement contract with a consumer, the real property improvement supplier must inform the consumer of the consumer's rights under this section by doing the following:

(1) Furnishing to the consumer the following statement: "You may cancel this contract at any time before midnight on the third business day after the later of the following:

(A) The date this contract is signed by you and (name of real property improvement supplier).

(B) If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy.

See attached notice of cancellation form for an explanation of this right.".

(2) Furnishing to the consumer a form, in duplicate, that is captioned "NOTICE OF CANCELLATION" and is attached to the contract but easily detachable, and that contains the following statement in at least 10 point, boldface type:

"NOTICE OF CANCELLATION

You may cancel this contract by mailing, delivering, or submitting by electronic mail a signed and dated copy of this cancellation notice or any other written notice to (name of real property improvement supplier) at (address of real property improvement supplier's place of business), or (electronic mail address described in section 10(a)(2)(A) or 10(a)(2)(B)(iii) of this chapter), at any time before midnight on the third business day after the later of the following:

(A) The date this contract is signed by you and (name of real property improvement supplier).

(B) If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy.

If you cancel this contract, any payments made by you under the contract will be returned to you within ten (10) business days following receipt by (name of real property improvement supplier) of your cancellation notice, minus any amounts you may owe for work already done by (name of real property improvement supplier).

I HEREBY CANCEL THIS TRANSACTION

---

(date)

---

(consumer's signature)".

(c) A consumer may cancel a real property improvement contract under this section before midnight on the third business day after the later of the following:

(1) The date the real property improvement contract is signed by the consumer and the real property improvement supplier.

(2) If applicable, the date the consumer receives written notification from the consumer's insurance company of a final determination as to whether all or any part of the consumer's claim or the real property improvement contract is a covered loss under the consumer's insurance policy.

(d) A consumer who seeks to cancel a real property improvement contract under this section must provide to the real property improvement supplier, at the address or electronic mail address specified in the form provided under subsection (b), written notice of the consumer's intent not to be bound by the contract. If the notice of cancellation is sent by mail, the notice is effective upon deposit of the notice into the United States mail, with postage prepaid and the notice properly addressed to the real property improvement supplier. If the notice of cancellation is submitted by electronic mail, the notice is effective on the date it is electronically submitted. Subject to subsection (e), not later than ten (10) days after a real property improvement contract is canceled under this section, the real property improvement supplier shall tender to the consumer:

(1) any payment or deposit made by the consumer; and

(2) any note or other evidence of indebtedness of the consumer.

(e) If:

(1) a consumer cancels a real property improvement contract under this section; and

(2) the real property improvement supplier has performed emergency or temporary services that the consumer acknowledged in writing before their performance to be necessary to prevent damage to the real property;

the real property improvement supplier is entitled to the reasonable value of the emergency or temporary services performed.

As added by P.L.170-2017, SEC.20.

IC 24-5-11-11 Signature of supplier

Sec. 11. Before a consumer signs a real property improvement contract and before the consumer can be required to make any down payment in connection with the real property improvement contract, the real property improvement supplier must have agreed unequivocally by written signature to all of the terms of the real property improvement contract.

As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.21.

IC 24-5-11-12 Consumer's copy of signed and dated contract

Sec. 12. A real property improvement supplier shall give a fully executed copy of a real property improvement contract to the consumer immediately after the consumer signs it. The real property improvement contract must show the dates the real property improvement supplier and each consumer executed the contract.

As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.22.

IC 24-5-11-13 Approval by consumer

Sec. 13. Any approval required by this chapter shall not be unreasonably withheld by the consumer.

As added by P.L.251-1987, SEC.3.

IC 24-5-11-14 Violation; penalties

Sec. 14. A real property improvement supplier who violates this chapter commits a deceptive act that is actionable by the attorney general or by a consumer under IC 24-5-0.5-4 and is subject to the remedies and penalties under IC 24-5-0.5.

As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.23.

Ch. 12 Telephone Solicitations

IC 24-5-12-0.1 Application of certain amendments to chapter

Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The amendments made to section 2 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law.

(2) The amendments made to section 23 of this chapter by P.L.222-2005 apply only to a contract entered into or renewed after July 1, 2005.

As added by P.L.220-2011, SEC.396.

IC 24-5-12-0.2 Applicability

Sec. 0.2. This chapter does not apply to a seller solely because the seller makes or will make, during any calendar year, a solicitation in a telephone call that is exempt from the application of IC 24-4.7 under IC 24-4.7-1-1.

As added by P.L.105-2020, SEC.1.

IC 24-5-12-1 "Division" defined

Sec. 1. As used in this chapter, "division" means the consumer protection division of the office of the attorney general.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-2 "Item" defined

Sec. 2. As used in this chapter, "item" means tangible or intangible property or services. The term includes but is not limited to coupon books for use with a business other than the seller's business and certificates of a type that the purchaser must redeem to obtain the item described in the certificate.

As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989, SEC.23.

IC 24-5-12-3 "Owner" defined

Sec. 3. As used in this chapter, "owner" means a person who owns or controls ten percent (10%) or more of the equity of a seller, or otherwise has a claim to ten percent (10%) or more of the net income of a seller.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-4 "Person" defined

Sec. 4. As used in this chapter, "person" means an individual, an incorporated or unincorporated organization or association, or any other legal entity.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-5 "Principal" defined

Sec. 5. As used in this chapter, "principal" means an owner, an officer, a general partner, a trustee, or other individual with supervisory functions usually exercised by those persons.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-6 "Prospect" defined

Sec. 6. As used in this chapter, "prospect" means a person solicited by a seller.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-7 "Salesperson" defined

Sec. 7. As used in this chapter, "salesperson" means a person employed, authorized, or appointed by a seller, including an independent contractor, who solicits a sale on behalf of the seller.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-8 "Seller" defined

Sec. 8. As used in this chapter, "seller" means a person who, personally, through salespersons, or through the use of an automated dialing and answering device, makes a solicitation if in the solicitation any one (1) of the following occurs:

(1) There is a false representation or implication that a prospect will receive a gift, prize, or the value of a gift or prize.

(2) There is an offer of a vacation at a reduced price if the vacation involves the prospect attending a presentation in which the prospect is solicited to purchase a time share or camping club membership and if the seller does not own the time share or camping club, does not represent the owner of the time share or camping club, or misrepresents the value of the vacation. Terms in this subdivision have the meaning set forth in IC 32-32.

(3) There is a representation or implication that a prospect who buys office equipment or supplies will, because of some unusual event or imminent price increase, be able to buy these items at prices that are below those that are usually charged or will be charged for the items if the price advantage for the prospect does not exist.

(4) There is a false representation or implication as to the identity of the person making the solicitation.

(5) There is a representation or implication that the items for sale are manufactured or supplied by a person other than the actual manufacturer or supplier.

(6) There is an offer to sell the prospect precious metals, precious stones, coal, or other minerals, or any interest in oil, gas, or mineral fields, wells, or exploration sites, if the seller does not own the items, does not represent the owner, or misrepresents the value of the items.

As added by P.L.253-1987, SEC.1. Amended by P.L.2-2002, SEC.77; P.L.242-2019, SEC.8; P.L.105-2020, SEC.2.

IC 24-5-12-9 "Solicitation" defined

Sec. 9. As used in this chapter, "solicitation" means a telephone conversation or attempted telephone conversation that occurs in a telephone call made by a seller to another person in which the seller offers, or attempts to offer, an item to the other person in exchange for money or other consideration.

As added by P.L.253-1987, SEC.1. Amended by P.L.105-2020, SEC.3.

IC 24-5-12-10 Registration of sellers

Sec. 10. (a) Except as provided in section 0.2 of this chapter, before doing business in Indiana, a seller must register with the division.

(b) A seller does business in Indiana if the seller makes or will make a solicitation during any calendar year:

(1) from a location in Indiana; or

(2) to a prospect who is located in Indiana.

As added by P.L.253-1987, SEC.1. Amended by P.L.242-2019, SEC.9; P.L.105-2020, SEC.4.

IC 24-5-12-11 Registration statement; filing; fee

Sec. 11. To register under this chapter a person must file with the division a registration statement disclosing the information required by this chapter and pay a fifty dollar ($50) registration fee.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-12 Registration statement; required information

Sec. 12. The registration statement must contain the following information:

(1) The name of the seller.

(2) Whether the seller is doing business as a corporation, a partnership, an individual, or another legal entity.

(3) The names under which the seller has done, is doing, or intends to do business.

(4) The name of any parent or affiliated business that will engage in business transactions with the prospect or will take responsibility for statements made by the seller or a salesperson of the seller.

(5) The names, dates of birth, business addresses, business telephone numbers, and titles of all the seller's officers, directors, trustees, general partners, general managers, principals, executives, and any other person charged with responsibility for the seller's business activities relating to telephone sales.

(6) The length of time the seller has:

(A) solicited telephone sales; and

(B) solicited telephone sales for the items to be offered to the prospect.

(7) A statement of the amount to be paid by the prospect, or when not known, the approximate amount or range of amount to be paid.

(8) A complete and detailed description of any service that the seller proposes to undertake to perform for a prospect who purchases the item offered.

(9) An unexecuted copy of all contracts that may be offered in the transaction being solicited.

(10) The complete street address or addresses of all locations, designating the principal location from which the seller will be conducting business, and, if the principal location is outside Indiana, a designation of its principal location within Indiana.

(11) A listing of all telephone numbers to be used by the seller and the address of each location using these numbers.

(12) A copy of all sales scripts the seller requires salespersons to use when soliciting a prospect or, if no sales script is required to be used, a statement to that effect.

(13) The name and address of the seller's agent in Indiana, authorized to receive service of process in Indiana.

As added by P.L.253-1987, SEC.1. Amended by P.L.105-2020, SEC.5.

IC 24-5-12-13 Registration statement; gifts, prizes, or other items represented or implied; additional information required

Sec. 13. If the seller represents or implies, or directs a salesperson to represent or imply, to a prospect that a purchaser will receive one (1) or more items (whether the items are designated as gifts, premiums, bonuses, prizes, or otherwise), the registration statement must also contain the following information:

(1) A list of items offered.

(2) The value of each item described to a prospect and the basis for the valuation.

(3) The price paid by the seller to its supplier for each of these items, and the names, business addresses, and business telephone numbers of the supplier of each item.

(4) The manner in which the seller decides which items a prospect is to receive, if a purchaser is to receive fewer than all of the items described by the seller.

(5) The odds a prospect or purchaser has of receiving each described item, if a purchaser is to receive fewer than all of the items described by the seller.

(6) All terms and conditions that a prospect must meet in order to receive the item, if a purchaser is to receive fewer than all of the items described by the seller.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-14 Annual update of registration; additional fee

Sec. 14. On August 1 of each year, every person registered under this chapter shall file an update to the registration. The registrant shall pay an additional fifty dollars ($50) for filing the annual update.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-15 Disclosures required; update of changes; filing

Sec. 15. In addition to the annual update described in section 14 of this chapter, an update shall be filed whenever changes occur that make the disclosures required under this chapter inaccurate, false, or misleading.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-16 Record of filings; assigned registration number

Sec. 16. The director of the division shall maintain a record of all filings made under this chapter and shall assign a registration number to each of them. The director shall advise the seller, in writing, of the assigned number. All advertisements, pamphlets, brochures, or any other materials used in the solicitation or completion of telephonic sales must include the assigned registration number in the following manner: "C.P.D. Reg. No. T.S. __________.".

As added by P.L.253-1987, SEC.1.

IC 24-5-12-17 Reference to compliance with chapter restricted

Sec. 17. A seller may not make any reference to its compliance with this chapter other than by setting forth the registration number as provided in section 16 of this chapter.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-18 Failure to comply with sections 10 through 16; cancellation of contract

Sec. 18. If a seller fails to comply with sections 10 through 16 of this chapter, a purchaser may cancel any contract with the seller by notifying the seller in any manner.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-19 Deceptive statements; failure to deliver item ordered; voiding of contract; requisites

Sec. 19. If a seller:

(1) uses any untrue, misleading, or deceptive statement in a solicitation or sale; or

(2) fails to deliver an item ordered within four (4) weeks;

the purchaser may void the contract within ninety (90) days from the date of the contract by giving written notice to the seller and is entitled to a return from the seller of all consideration paid to the seller. Upon receipt by the purchaser of the consideration paid to the seller, the purchaser shall make available to the seller, at a reasonable time and place, the items received by the purchaser.

As added by P.L.253-1987, SEC.1. Amended by P.L.5-1988, SEC.131.

IC 24-5-12-20 Damages; costs and attorney's fees

Sec. 20. In addition to any other remedies or penalties under this chapter, a person who is damaged by a seller's failure to comply with this chapter or by a seller's breach of contract may bring an action for recovery of the person's actual damages, including court costs and attorney's fees.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-21 Violations; injunction

Sec. 21. Upon petition by any person that a seller has failed to comply with this chapter, the circuit or superior court of the county of residence of the petitioner may enjoin the seller from further violations.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-22 Failure to comply; penalty

Sec. 22. A seller who fails to comply with sections 10 through 16 of this chapter commits a Level 6 felony.

As added by P.L.253-1987, SEC.1. Amended by P.L.158-2013, SEC.275.

IC 24-5-12-23 Deceptive acts; injunction; civil penalties; venue

Sec. 23. (a) A seller who fails to comply with any provision of:

(1) this chapter; or

(2) IC 24-4.7;

commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4(c) and is subject to the penalties set forth in IC 24-5-0.5. An action for a violation of IC 24-4.7 may be brought under IC 24-5-0.5-4(c) or IC 24-4.7-5. An action by the attorney general for a violation of this chapter or IC 24-4.7 may be brought in the circuit or superior court of Marion County.

(b) A civil penalty recovered by the attorney general under:

(1) IC 24-5-0.5-4(g); or

(2) IC 24-5-0.5-8;

for a violation of this chapter shall be deposited in the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6 to be used for the administration and enforcement of this chapter.

As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989, SEC.24; P.L.165-2005, SEC.8 and P.L.222-2005, SEC.34; P.L.242-2019, SEC.10.

IC 24-5-12-24 Construction of chapter

Sec. 24. This chapter may not be construed to relieve a person from complying with any other statute or ordinance.

As added by P.L.253-1987, SEC.1.

IC 24-5-12-25 Blocking telephone number or identity of solicitor; violations

Sec. 25. (a) If a person makes a solicitation to a prospect that is outside of the course of dealing (as described in IC 26-1-1-205), whether personally, through salespersons, or through the use of an automated dialing and answering device, the person may not knowingly or intentionally block or attempt to block the display of the person's:

(1) telephone number; or

(2) identity;

by a caller identification service (as defined in IC 24-5-14.5-3) when attempting to initiate a telephone conversation for the purpose of making a solicitation to a prospect.

(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous unrelated conviction under this subsection.

As added by P.L.48-1998, SEC.7. Amended by P.L.151-2013, SEC.7.

Ch. 13 Motor Vehicle Protection

IC 24-5-13-0.1 Repealed

As added by P.L.220-2011, SEC.397. Repealed by P.L.63-2012, SEC.29.

IC 24-5-13-1 Application of chapter

Sec. 1. This chapter applies to all:

(1) motor vehicles that are sold, leased, transferred, or replaced by a dealer or manufacturer in Indiana; and

(2) methamphetamine vehicles that are sold, leased, transferred, or replaced by a dealer or seller in Indiana.

As added by P.L.150-1988, SEC.1. Amended by P.L.76-2013, SEC.1.

IC 24-5-13-2 "Business day"

Sec. 2. As used in this chapter, "business day" means a day other than Sunday or a legal holiday (as defined in IC 1-1-9-1).

As added by P.L.150-1988, SEC.1.

IC 24-5-13-3 "Buyer"

Sec. 3. As used in this chapter, "buyer" means any person who, for purposes other than resale or sublease, enters into an agreement or contract within Indiana for the transfer, lease, or purchase of a motor vehicle covered under this chapter.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-3.1 "Dealer"

Sec. 3.1. As used in this chapter, "dealer" has the meaning set forth in IC 9-32-2.1-10.

As added by P.L.76-2013, SEC.2. Amended by P.L.137-2018, SEC.13; P.L.104-2024, SEC.35.

IC 24-5-13-3.4 "Lease"

Sec. 3.4. As used in this chapter, "lease" means a contract in the form of a lease or bailment for the use of a motor vehicle by a person for more than four (4) months, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease.

As added by P.L.24-1989, SEC.25.

IC 24-5-13-3.7 "Lessor"

Sec. 3.7. As used in this chapter, "lessor" means a person who:

(1) holds title to a motor vehicle leased to a lessee under a written lease agreement; or

(2) holds the lessor's rights under an agreement described in subdivision (1).

As added by P.L.24-1989, SEC.26.

IC 24-5-13-4 "Manufacturer"

Sec. 4. As used in this chapter, "manufacturer" means any person who is engaged in the business of manufacturing motor vehicles, or, in the case of motor vehicles not manufactured in the United States, any person who is engaged in the business of importing motor vehicles.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-4.1 "Methamphetamine vehicle"

Sec. 4.1. As used in this chapter, "methamphetamine vehicle" means any motor vehicle subject to registration and certificate of title provisions in which methamphetamine has been manufactured within the previous two (2) years. For the purposes of this chapter, a methamphetamine vehicle suffers from a nonconformity.

As added by P.L.76-2013, SEC.3.

IC 24-5-13-5 "Motor vehicle" or "vehicle"

Sec. 5. As used in this chapter, "motor vehicle" or "vehicle" means any self-propelled vehicle that:

(1) has a declared gross vehicle weight of less than ten thousand (10,000) pounds;

(2) is sold to:

(A) a buyer in Indiana and registered in Indiana; or

(B) a buyer in Indiana who is a nonresident (as defined in IC 9-13-2-113);

(3) is intended primarily for use and operation on public highways; and

(4) is required to be registered or licensed before use or operation.

The term does not include conversion vans, motor homes, farm tractors, and other machines used in the actual production, harvesting, and care of farm products, road building equipment, truck tractors, road tractors, motorcycles, motor driven cycles, snowmobiles, or vehicles designed primarily for off-road use.

As added by P.L.150-1988, SEC.1. Amended by P.L.141-1990, SEC.1; P.L.2-1991, SEC.84; P.L.221-2014, SEC.87; P.L.198-2016, SEC.656; P.L.23-2026, SEC.249.

IC 24-5-13-6 "Nonconformity"

Sec. 6. As used in this chapter, "nonconformity" means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

(1) substantially impairs the use, market value, or safety of a motor vehicle; or

(2) renders the motor vehicle nonconforming to the terms of an applicable manufacturer's warranty.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-6.1 "Seller"

Sec. 6.1. As used in this chapter, "seller" means a person who:

(1) sells, leases, exchanges, or transfers; or

(2) solicits a sale, lease, exchange, or transfer of;

a methamphetamine vehicle to a buyer.

As added by P.L.76-2013, SEC.4.

IC 24-5-13-7 "Term of protection"

Sec. 7. This section does not apply to a methamphetamine vehicle. As used in this chapter, "term of protection" means a period of time that:

(1) begins:

(A) on the date of original delivery of a motor vehicle to a buyer; or

(B) in the case of a replacement vehicle provided by a manufacturer to a buyer under this chapter, on the date of delivery of the replacement vehicle to the buyer; and

(2) ends the earlier of:

(A) eighteen (18) months after the date identified under subdivision (1); or

(B) the time the motor vehicle has been driven eighteen thousand (18,000) miles after the date identified under subdivision (1).

As added by P.L.150-1988, SEC.1. Amended by P.L.76-2013, SEC.5.

IC 24-5-13-8 Repair of nonconformities

Sec. 8. If a motor vehicle suffers from a nonconformity and the buyer reports the nonconformity within the term of protection to the manufacturer of the vehicle, its agent, or its authorized dealer then the manufacturer of the motor vehicle or the manufacturer's agent or authorized dealer shall make the repairs that are necessary to correct the nonconformity, even if the repairs are made after expiration of the term of protection.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-9 Notification of claim; manufacturer's disclosure

Sec. 9. (a) A buyer must first notify the manufacturer of a claim under this chapter if the manufacturer has made the disclosure required by subsection (b). However, if the manufacturer has not made the required disclosure, the buyer is not required to notify the manufacturer of a claim under this chapter.

(b) The manufacturer shall clearly and conspicuously disclose to the buyer, in the warranty or owner's manual, that written notification of the nonconformity is required before the buyer may be eligible for a refund or replacement of the vehicle. The manufacturer shall include with the warranty or owner's manual the name and address to which the buyer must send notification.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-9.3 Repealed

As added by P.L.220-2011, SEC.398. Repealed by P.L.63-2012, SEC.30.

IC 24-5-13-10 Return of vehicle upon failure to correct nonconformity; refund; replacement

Sec. 10. If, after a reasonable number of attempts, the manufacturer, its agent, or authorized dealer is unable to correct the nonconformity, the manufacturer shall accept the return of the vehicle from the buyer and, at the buyer's option, either, within thirty (30) days, refund the amount paid by the buyer or provide a replacement vehicle of comparable value.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-11 Refund; computation of amount

Sec. 11. (a) If a refund is tendered under this chapter with respect to a vehicle that is not a leased vehicle, the refund must be the full contract price of the vehicle, including all credits and allowances for any trade-in vehicle and less a reasonable allowance for use.

(b) To determine a reasonable allowance for use under this section, multiply:

(1) the total contract price of the vehicle; by

(2) a fraction having as its denominator one hundred thousand (100,000) and having as its numerator the number of miles that the vehicle traveled before the manufacturer's acceptance of its return.

(c) The refund must also include reimbursement for the following incidental costs:

(1) All sales tax.

(2) The unexpended portion of the registration fee and excise tax that has been prepaid for any calendar year.

(3) All finance charges actually expended.

(4) The cost of all options added by the authorized dealer.

(d) Refunds made under this section shall be made to the buyer and lienholder, if any, as their respective interests appear on the records of ownership.

As added by P.L.150-1988, SEC.1. Amended by P.L.24-1989, SEC.27.

IC 24-5-13-11.5 Refund; leased motor vehicle; computation of amount

Sec. 11.5. (a) If a refund is tendered under this chapter with respect to a leased motor vehicle, the refund shall be made as follows:

(1) The lessee shall receive all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in vehicles, less a reasonable allowance for use.

(2) The lessor shall receive:

(A) the lessor's purchase cost, including freight and accessories;

(B) any fee paid to another to obtain the lease;

(C) any insurance premiums or other costs expended by the lessor for the benefit of the lessee;

(D) sales tax paid by the lessor; and

(E) five percent (5%) of the amount described in subdivision (2)(A);

less the total of all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in vehicle.

(b) To determine a reasonable allowance for use under this section, multiply:

(1) the total lease obligation of the lessee at the inception of the lease; by

(2) a fraction having as its denominator one hundred thousand (100,000) and as its numerator the number of miles that the vehicle traveled before the lessor's acceptance of its return.

As added by P.L.24-1989, SEC.28.

IC 24-5-13-12 Replacement of vehicle

Sec. 12. (a) If a vehicle is replaced by a manufacturer under this chapter, the manufacturer shall reimburse the buyer for any fees for the transfer of registration or any sales tax incurred by the buyer as a result of replacement.

(b) If a replaced vehicle was financed by the manufacturer, its subsidiary, or agent, the manufacturer, subsidiary, or agent may not require the buyer to enter into any refinancing agreement concerning a replacement vehicle that would create any financial obligations upon the buyer less favorable than those of the original financing agreement.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-13 Reimbursement for towing and rental costs

Sec. 13. Whenever a vehicle is replaced or refunded under this chapter, the manufacturer shall reimburse the buyer for necessary towing and rental costs actually incurred as a direct result of the nonconformity.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-14 Retention of vehicle pending replacement or refund

Sec. 14. A buyer has the option of retaining the use of any vehicle returned under this chapter until the time that the buyer has been tendered a full refund or replacement vehicle of comparable value. The use of any vehicle retained by a buyer after its return to a manufacturer under this chapter must, in cases in which a refund is tendered, be reflected in the reasonable allowance for use required by section 11 of this chapter.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-15 Attempts to correct nonconformity; reasonable number of attempts; time period; extension

Sec. 15. (a) A reasonable number of attempts is considered to have been undertaken to correct a nonconformity if:

(1) the nonconformity has been subject to repair at least four (4) times by the manufacturer or its agents or authorized dealers, but the nonconformity continues to exist; or

(2) the vehicle is out of service by reason of repair of any nonconformity for a cumulative total of at least thirty (30) business days, and the nonconformity continues to exist.

(b) The thirty (30) business day period in subsection (a)(2) shall be extended by any period of time during which repair services are not available as a direct result of a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war. The manufacturer, its agent, or an authorized dealer shall provide or make provision for the free use of a vehicle to any buyer whose vehicle is out of service by reason of repair during a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war.

(c) The burden is on the manufacturer to show that the reason for an extension under subsection (b) was the direct cause for the failure of the manufacturer, its agent, or authorized dealer to cure any nonconformity during the time of the event.

As added by P.L.150-1988, SEC.1. Amended by P.L.92-2013, SEC.82.

IC 24-5-13-16 Refusal to diagnose or repair; written repair orders

Sec. 16. (a) A manufacturer, its agent, or authorized dealer may not refuse to diagnose or repair any vehicle for the purpose of avoiding liability under this chapter.

(b) A manufacturer, its agent, or authorized dealer shall provide a buyer with a written repair order each time the buyer's vehicle is brought in for examination or repair. The repair order must indicate all work performed on the vehicle including examination of the vehicle, parts, and labor.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-16.1 Seller's duty to disclose methamphetamine vehicles

Sec. 16.1. (a) If a dealer or seller knows or reasonably should know that a motor vehicle is a methamphetamine vehicle, the dealer or seller shall disclose, in writing, to the buyer, prospective buyer, lessee, or prospective lessee that the motor vehicle is a methamphetamine vehicle.

(b) The written disclosure required under subsection (a) shall be provided before the dealer or seller sells, leases, exchanges, transfers, or accepts payment from a buyer, prospective buyer, lessee, or prospective lessee.

(c) A dealer may include a decontamination report or other relevant document with the written disclosure required under subsection (a).

As added by P.L.76-2013, SEC.6.

IC 24-5-13-16.2 Civil action by buyer for failure to disclose methamphetamine vehicles; remedies

Sec. 16.2. (a) In addition to any other remedy or penalty provided in this chapter, if a dealer or seller fails to make a disclosure required under section 16.1 of this chapter, a buyer or lessee may bring a civil action against the dealer or seller.

(b) In an action brought by a buyer or lessee under this section, a court may order a dealer or seller to perform either of the following:

(1) Decontaminate or contract for the decontamination of the methamphetamine vehicle in accordance with and to a standard set forth under 318 IAC 1.

(2) Reimburse a buyer or lessee who incurred damages or expenses to remediate or decontaminate a methamphetamine vehicle to address the nonconformity.

(c) In addition to the remedies described in subsection (b), a court may award liquidated damages to a buyer or lessee in an amount not to exceed ten thousand dollars ($10,000).

(d) This section does not eliminate or abrogate existing tort remedies that may be available to a buyer or lessee.

As added by P.L.76-2013, SEC.7.

IC 24-5-13-17 Repealed

As added by P.L.150-1988, SEC.1. Repealed by P.L.65-1992, SEC.4.

IC 24-5-13-18 Affirmative defenses

Sec. 18. It is an affirmative defense to any claim under this chapter that:

(1) the nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; or

(2) the nonconformity, defect, or condition is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle by the buyer.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-19 Informal procedures established by manufacturer

Sec. 19. This chapter does not apply to any buyer who has not first resorted to an informal procedure established by a manufacturer or in which a manufacturer participates if:

(1) the procedure is certified by the attorney general as:

(A) complying in all respects with 16 C.F.R. 703; and

(B) complying with any other rules concerning certification adopted by the attorney general, including but not limited to the requirement of oral hearings, pursuant to IC 4-22-2; and

(2) the buyer has received adequate written notice from the manufacturer of the existence of the procedure.

Adequate written notice includes the incorporation of the informal dispute settlement procedure into the terms of the written warranty to which the motor vehicle does not conform.

As added by P.L.150-1988, SEC.1. Amended by P.L.24-1989, SEC.29.

IC 24-5-13-20 Additional remedies

Sec. 20. This chapter does not limit the rights or remedies that are otherwise available to a buyer under any other applicable provision of law.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-21 Civil enforcement actions

Sec. 21. A buyer may bring a civil action to enforce this chapter in any circuit or superior court.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-22 Costs and expenses in recovery actions

Sec. 22. A buyer who prevails in any action brought under this chapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses, including attorney's fees based on actual time expended by the attorney, determined by the court to have been reasonably incurred by the buyer for or in connection with the commencement and prosecution of the action.

As added by P.L.150-1988, SEC.1.

IC 24-5-13-23 Limitations

Sec. 23. (a) This subsection does not apply to an action concerning a violation of section 16.1 of this chapter. An action brought under this chapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer.

(b) This subsection does not apply to an action concerning a violation of section 16.1 of this chapter. When the buyer has commenced an informal dispute settlement procedure described in section 19 of this chapter, the two (2) year period specified in subsection (a) is tolled during the time the informal dispute settlement procedure is being conducted.

(c) An action concerning a violation of section 16.1 of this chapter must be commenced within two (2) years following the date of the violation.

As added by P.L.150-1988, SEC.1. Amended by P.L.76-2013, SEC.8.

IC 24-5-13-24 Dealer's liability

Sec. 24. This section does not apply to a transaction or solicited transaction relating to a methamphetamine vehicle. Nothing in this chapter imposes any liability on a dealer or creates a cause of action by a consumer against a dealer, and a manufacturer may not, directly or indirectly, expose any franchised dealer to liability under this chapter.

As added by P.L.150-1988, SEC.1. Amended by P.L.76-2013, SEC.9.

Ch. 13.1 Converted Motor Vehicle Protection

IC 24-5-13.1-1 "Buyer"

Sec. 1. As used in this chapter, "buyer" means any person who, for purposes of a personal, noncommercial use, enters into an agreement or contract within Indiana for the purchase of a converted motor vehicle covered under this chapter.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-2 "Conversion"

Sec. 2. As used in this chapter, "conversion" means the:

(1) removal of;

(2) addition of; or

(3) modification to;

a physical or digital component or system of a motor vehicle that is approved by the National Highway Traffic Safety Administration (NHTSA) to make the motor vehicle accessible for a person with a disability.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-3 "Converted motor vehicle"

Sec. 3. As used in this chapter, "converted motor vehicle" means a new motor vehicle that has a conversion.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-4 "Dealer"

Sec. 4. As used in this chapter, "dealer" has the meaning set forth in IC 9-32-2.1-10.

As added by P.L.91-2022, SEC.1. Amended by P.L.104-2024, SEC.36.

IC 24-5-13.1-5 "Installer"

Sec. 5. As used in this chapter, "installer" means any person who is engaged in the business of:

(1) modifying a motor vehicle to make a converted motor vehicle; or

(2) fixing a conversion in a converted motor vehicle.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-6 "Manufacturer"

Sec. 6. As used in this chapter, "manufacturer" means:

(1) any person who is engaged in the business of manufacturing motor vehicles, or, in the case of motor vehicles not manufactured in the United States, any person who is engaged in the business of importing motor vehicles; or

(2) any person who is engaged in the business of manufacturing parts for a conversion to a converted motor vehicle.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-7 "Motor vehicle"

Sec. 7. As used in this chapter, "motor vehicle" means any self-propelled vehicle that:

(1) has a declared gross vehicle weight of less than ten thousand (10,000) pounds;

(2) is sold to:

(A) a buyer in Indiana and registered in Indiana; or

(B) a buyer in Indiana who is a nonresident (as defined in IC 9-13-2-113);

(3) is intended primarily for use and operation on public highways; and

(4) is required to be registered or licensed before use or operation.

The term does not include a recreational vehicle.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-8 "Nonconformity"

Sec. 8. As used in this chapter, "nonconformity" means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

(1) substantially impairs the use, market value, or safety of a converted motor vehicle; or

(2) renders the converted motor vehicle nonconforming to the terms of the warranty of a responsible manufacturer or installer.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-9 "Responsible manufacturer or installer"

Sec. 9. As used in this chapter, "responsible manufacturer or installer" means the manufacturer or installer that is liable for the:

(1) repair of;

(2) replacement of; or

(3) reimbursement for;

a converted motor vehicle under section 11 of this chapter.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-10 "Term of protection"

Sec. 10. As used in this chapter, "term of protection" means a period of time that:

(1) begins:

(A) on the date of original delivery of a converted motor vehicle to a buyer; or

(B) in the case of a replacement converted motor vehicle provided by a responsible manufacturer or installer to a buyer under this chapter, on the date of delivery of the replacement converted motor vehicle to the buyer; and

(2) ends the earlier of:

(A) eighteen (18) months after the date identified under subdivision (1); or

(B) the time the converted motor vehicle has been driven eighteen thousand (18,000) miles after the date identified under subdivision (1).

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-11 Liability

Sec. 11. (a) Except as provided in subsections (b) and (c), the manufacturer under section 6(2) of this chapter is the responsible manufacturer or installer if:

(1) any part of the conversion results in the nonconformity; or

(2) the nonconformity is related to or caused by the conversion.

(b) The manufacturer under section 6(1) of this chapter is the responsible manufacturer or installer if the part of the converted motor vehicle that results in the nonconformity is not caused by or otherwise related to the conversion.

(c) The installer under section 5 of this chapter is the responsible manufacturer or installer if the nonconformity is related to or caused by the installation of the conversion into the converted motor vehicle.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-12 Repair of nonconformities

Sec. 12. If a converted motor vehicle suffers from a nonconformity and the buyer reports the nonconformity within the term of protection to the responsible manufacturer or installer, its agent, or its authorized dealer then the responsible manufacturer or installer or the agent of the responsible manufacturer or installer shall make the repairs that are necessary to correct the nonconformity, even if the repairs are made after the expiration of the term of protection.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-13 Notification of a claim; responsible manufacturer's or installer's disclosure

Sec. 13. (a) A buyer must first notify the responsible manufacturer or installer of a claim under this chapter if the responsible manufacturer or installer has made the disclosure required by subsection (b). However, if the responsible manufacturer or installer has not made the required disclosure, the buyer is not required to notify the responsible manufacturer or installer of a claim under this chapter.

(b) Except as provided in subsection (c), the responsible manufacturer or installer shall clearly and conspicuously disclose to the buyer, in the warranty or owner's manual, that written notification of the nonconformity is required before the buyer may be eligible for a refund or replacement of the converted motor vehicle. The responsible manufacturer or installer shall include with the warranty or owner's manual the name and address to which the buyer must send notification.

(c) A manufacturer under section 6(1) of this chapter who has complied with the disclosure requirements under IC 24-5-13-9 has complied with the disclosure requirements under subsection (b).

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-14 Return of vehicle upon failure to correct nonconformity; refund; replacement

Sec. 14. (a) If, after a reasonable number of attempts, the responsible manufacturer or installer, its agent, or authorized dealer is unable to correct the nonconformity, the responsible manufacturer or installer shall accept the return of the converted motor vehicle from the buyer and, at the buyer's option, either, not later than thirty (30) days after receipt of the converted motor vehicle and any reasonably required documents, refund the amount paid by the buyer or provide a replacement converted motor vehicle of comparable value.

(b) If a responsible manufacturer or installer reasonably determines that providing a replacement converted motor vehicle of comparable value is impractical, the responsible manufacturer or installer may require a buyer to accept the refund described in subsection (a).

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-15 Refund; computation of amount

Sec. 15. (a) If a refund is tendered under this chapter with respect to a converted motor vehicle that is not a leased converted motor vehicle, the refund must be the full contract price of the converted motor vehicle, including all credits and allowances for any trade-in converted motor vehicle and less a reasonable allowance for use.

(b) To determine a reasonable allowance for use under this section, multiply:

(1) the total contract price of the converted motor vehicle; by

(2) a fraction having as its denominator one hundred thousand (100,000) and having its numerator the number of miles that the converted motor vehicle traveled before the responsible manufacturer or installer accepts the return of the converted motor vehicle.

(c) The refund must also include reimbursement for the following incidental costs:

(1) All sales tax.

(2) The unexpended portion of the registration fee and excise tax that has been prepaid for any calendar year.

(3) All finance charges actually expended.

(4) The cost of all options added by the authorized dealer.

(d) Refunds made under this section shall be made to the buyer and lienholder, if any, as their respective interests appear on the records of ownership.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-16 Refund; leased motor vehicle; computation of amount

Sec. 16. (a) If a refund is tendered under this chapter with respect to a leased converted motor vehicle, the refund shall be made as follows:

(1) The lessee shall receive all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in converted motor vehicles, less a reasonable allowance for use.

(2) The lessor shall receive:

(A) the lessor's purchase cost, including freight and accessories;

(B) any fee paid to another to obtain the lease;

(C) any insurance premiums or other costs expended by the lessor for the benefit of the lessee;

(D) sales tax paid by the lessor; and

(E) five percent (5%) of the amount described in clause (A);

less the total of all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in converted motor vehicle.

(b) To determine a reasonable allowance for use under this section, multiply:

(1) the total lease obligation of the lessee at the inception of the lease; by

(2) a fraction having as its denominator one hundred thousand (100,000) and as its numerator the number of miles that the converted motor vehicle traveled before the lessor's acceptance of its return.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-17 Replacement vehicle

Sec. 17. (a) If a converted motor vehicle is replaced by a responsible manufacturer or installer under this chapter, the responsible manufacturer or installer shall reimburse the buyer for any fees for the transfer of registration or any sales tax incurred by the buyer as a result of replacement.

(b) If a replaced converted motor vehicle was financed by the responsible manufacturer or installer, its subsidiary, or agent, the responsible manufacturer or installer, subsidiary, or agent may not require the buyer to enter into any refinancing agreement concerning a replacement converted motor vehicle that would create any financial obligations upon the buyer less favorable than those of the original financing agreement.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-18 Reimbursement for towing and rental costs

Sec. 18. Whenever a converted motor vehicle is replaced or refunded under this chapter, the responsible manufacturer or installer shall reimburse the buyer for necessary towing and rental costs actually incurred as a direct result of the nonconformity.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-19 Retention of vehicle pending replacement or refund

Sec. 19. A buyer has the option of retaining the use of any converted motor vehicle returned under this chapter until the time that the buyer has been tendered a full refund or a replacement converted motor vehicle of comparable value. The use of a converted motor vehicle retained by a buyer after its return to a responsible manufacturer or installer under this chapter must, in cases in which a refund is tendered, be reflected in the reasonable allowance for use required under this chapter.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-20 Attempts to correct nonconformity; reasonable number of attempts; time period; extension

Sec. 20. (a) A reasonable number of attempts is considered to have been undertaken to correct a nonconformity if:

(1) the nonconformity has been subject to repair at least four (4) times by the responsible manufacturer or installer or its agent, but the nonconformity continues to exist; or

(2) the converted motor vehicle is out of service by reason of repair of any nonconformity for a cumulative total of at least thirty (30) business days, and the nonconformity continues to exist.

(b) The thirty (30) business day period in subsection (a)(2) shall be extended by any period of time during which parts or repair services are not available as a direct result of a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war. The responsible manufacturer or installer, its agent, or an authorized dealer shall provide or make provision for the free use of a converted motor vehicle to any buyer whose converted motor vehicle is out of service by reason of repair during a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war.

(c) The burden is on the responsible manufacturer or installer to show that the reason for an extension under subsection (b) was the direct cause for the failure of the responsible manufacturer or installer, its agent, or authorized dealer to cure any nonconformity during the time of the event.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-21 Refusal to diagnose or repair; written repair orders

Sec. 21. (a) A responsible manufacturer or installer, its agent, or authorized dealer may not refuse to diagnose or repair any converted motor vehicle for the purpose of avoiding liability under this chapter.

(b) A responsible manufacturer or installer, its agent, or authorized dealer shall provide a buyer with a written repair order each time the buyer's converted motor vehicle is brought in for examination or repair. The repair order must indicate all work performed on the converted motor vehicle including examination of the converted motor vehicle, parts, and labor.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-22 Affirmative defenses

Sec. 22. It is an affirmative defense to any claim under this chapter that:

(1) the nonconformity, defect, or condition does not substantially impair the use, value, or safety of the converted motor vehicle; or

(2) the nonconformity, defect, or condition is the result of abuse, neglect, or unauthorized modification or alteration of the converted motor vehicle by the buyer.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-23 Informal procedures established by a responsible manufacturer or installer

Sec. 23. (a) This chapter does not apply to any buyer who has not first resorted to an informal dispute settlement procedure established by a responsible manufacturer or installer or in which a responsible manufacturer or installer participates if:

(1) the procedure is certified by the attorney general as:

(A) complying in all respects with 16 CFR 703; and

(B) complying with any other rules concerning certification adopted by the attorney general, including but not limited to the requirement of oral hearings, pursuant to IC 4-22-2; and

(2) the buyer has received adequate written notice from the responsible manufacturer or installer of the existence of the procedure.

Adequate written notice includes the incorporation of the informal dispute settlement procedure into the terms of the written warranty to which the converted motor vehicle does not conform.

(b) A manufacturer under section 6(1) of this chapter shall provide adequate electronic notice of the procedure in subsection (a) on the website of the manufacturer.

As added by P.L.91-2022, SEC.1. Amended by P.L.23-2026, SEC.250.

IC 24-5-13.1-24 Additional remedies

Sec. 24. This chapter does not limit the rights or remedies that are otherwise available to a buyer under any other applicable provision of law.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-25 Civil enforcement actions

Sec. 25. A buyer may bring a civil action to enforce this chapter in any circuit or superior court.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-26 Costs and expenses in recovery actions

Sec. 26. A buyer who prevails in any action brought under this chapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses, including attorney's fees based on actual time expended by the attorney, determined by the court to have been reasonably incurred by the buyer for or in connection with the commencement and prosecution of the action.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-27 Limitations

Sec. 27. (a) An action brought under this chapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the responsible manufacturer or installer, its agent, or authorized dealer.

(b) When the buyer has commenced an informal dispute settlement procedure described in section 23 of this chapter, the two (2) year period specified in subsection (a) is tolled during the time the informal dispute settlement procedure is being conducted.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-28 Dealer's liability

Sec. 28. Nothing in this chapter imposes any liability on a dealer or creates a cause of action by a consumer against a dealer, and a responsible manufacturer or installer may not, directly or indirectly, expose any franchised dealer to liability under this chapter.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-29 Joint and several liability

Sec. 29. Nothing in this chapter creates joint and several liability.

As added by P.L.91-2022, SEC.1.

Ch. 13.5 Buyback Vehicle Disclosure

IC 24-5-13.5-1 Application of chapter

Sec. 1. This chapter applies to all motor vehicles that are sold, leased, transferred, or replaced by a dealer or manufacturer in Indiana.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-2 "Bureau"

Sec. 2. As used in this chapter, "bureau" refers to the bureau of motor vehicles created by IC 9-14-7-1.

As added by P.L.65-1992, SEC.3. Amended by P.L.198-2016, SEC.657.

IC 24-5-13.5-3 "Buyback vehicle"

Sec. 3. As used in this chapter, "buyback vehicle" means a motor vehicle that has been replaced or repurchased by a manufacturer or a nonresident manufacturer's agent or an authorized dealer, either under this chapter or IC 24-5-13 by judgment, decree, arbitration award, settlement agreement, or voluntary agreement in Indiana or another state, but does not include a motor vehicle that was repurchased pursuant to a guaranteed repurchase or satisfaction program advertised by the manufacturer and was not alleged or found to have a nonconformity as defined in IC 24-5-13-6.

As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.2.

IC 24-5-13.5-4 "Buyer"

Sec. 4. As used in this chapter, "buyer" means a person who, for purposes other than resale or sublease, enters into an agreement or a contract within Indiana for the transfer, lease, or purchase of a buyback vehicle.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-5 "Dealer"

Sec. 5. As used in this chapter, "dealer" means a person engaged in the business of buying, selling, leasing, or exchanging motor vehicles. A person is a "dealer" under this section if the person sells, leases, or advertises the sale or lease of more than four (4) motor vehicles within a twelve (12) month period.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-5.5 "Initial resale"

Sec. 5.5. As used in this chapter, "initial resale" means the first time a dealer sells a buyback vehicle to a buyer after it has been repurchased by a manufacturer under this chapter or IC 24-5-13.

As added by P.L.211-2023, SEC.75.

IC 24-5-13.5-6 "Manufacturer"

Sec. 6. As used in this chapter, "manufacturer" has the meaning set forth in IC 24-5-13-4.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-7 "Motor vehicle"

Sec. 7. As used in this chapter, "motor vehicle" has the meaning set forth in IC 24-5-13-5.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-8 "Nonconformity"

Sec. 8. As used in this chapter, "nonconformity" has the meaning set forth in IC 24-5-13-6.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-9 "Warranty"

Sec. 9. As used in this chapter, "warranty" means:

(1) a written warranty issued by the manufacturer; or

(2) an affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer;

in connection with the sale or lease of a motor vehicle to a consumer that relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is free of defects or will meet a specified level of performance.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-10 Initial resale; conditions

Sec. 10. (a) This section applies to a buyback vehicle only at the time of the initial resale of the buyback vehicle.

(b) A buyback vehicle may not be sold in Indiana unless the following conditions have been met:

(1) The manufacturer provides the same express warranty the manufacturer provided to the original purchaser, except that the term of the warranty need only last for twelve thousand (12,000) miles or twelve (12) months after the date of resale.

(2) The following disclosure language must be conspicuously contained in a contract for the initial resale or lease of a buyback vehicle to a consumer or contained in a form affixed to the contract:

"IMPORTANT

This vehicle was previously sold as new. It was subsequently returned to the manufacturer or authorized dealer in exchange for a replacement vehicle or a refund because it did not conform to the manufacturer's express warranty and the nonconformity was not cured within a reasonable time as provided by Indiana law.".

(3) The manufacturer provides the dealer a separate document with a written statement identifying the vehicle conditions that formed the basis for the previous owner's or lessee's dissatisfaction and the steps taken to deal with that dissatisfaction in 10-point all capital type.

As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.3; P.L.211-2023, SEC.76.

IC 24-5-13.5-11 Express warranty; written statement of disclosure; buyer's acknowledgment of disclosure

Sec. 11. Before the initial resale of a buyback vehicle in Indiana, a dealer must provide to the buyer the express warranty required by section 10(b)(1) of this chapter and the written statement of disclosure required by section 10(b)(3) of this chapter and obtain the buyer's acknowledgment of this disclosure at the time of the initial resale or lease as evidenced by the buyer's signature on the statement of disclosure.

As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.4; P.L.211-2023, SEC.77.

IC 24-5-13.5-12 Manufacturer's acceptance of return of buyback vehicle; duties

Sec. 12. A manufacturer who accepts return of a motor vehicle that is considered a buyback vehicle under this chapter shall do the following:

(1) Before transferring ownership of the buyback vehicle, place the notation "Manufacturer Buyback ─ Disclosure on File" on the original certificate of title.

(2) Not more than thirty-one (31) days after receipt of the certificate of title, apply to the bureau for a certificate of title in the name of the manufacturer and provide to the bureau a copy of the disclosure document required by section 10(b)(3) of this chapter.

As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.5; P.L.27-2018, SEC.23; P.L.211-2023, SEC.78.

IC 24-5-13.5-13 Failure to comply; liability; actual damages; privity; prima facie evidence of violation; limitation of actions

Sec. 13. (a) Except as provided in IC 34-30-34-3, a person who fails to comply with section 10, 11, or 12 of this chapter is liable for the following:

(1) Actual damages or the value of the consideration, at the election of the buyer.

(2) The costs of an action to recover damages and reasonable attorney's fees.

(3) Not more than three (3) times the value of the actual damages or the consideration as exemplary damages.

(4) Other equitable relief, including restitution, as is considered proper in addition to damages and costs.

(b) Actual damages under this section include the following:

(1) The difference between the actual market value of the vehicle at the time of purchase and the contract price of the vehicle.

(2) Towing, repair, and storage expenses.

(3) Rental of substitute transportation.

(4) Food and lodging expenses.

(5) Lost wages.

(6) Finance charges.

(7) Sales or use tax or other governmental fees.

(8) Lease charges.

(9) Other incidental and consequential damages.

(c) Lack of privity is not a bar to an action under this section.

(d) This subsection does not apply to consent orders or stipulated judgments in which there is no admission of liability by the defendant. A permanent injunction, final judgment, or final order of the court obtained by the attorney general under section 14 of this chapter is prima facie evidence in an action brought under this section that the defendant has violated section 10, 11, or 12 of this chapter.

(e) An action to enforce liability under this section may be brought within two (2) years from the date of discovery by the buyer.

As added by P.L.65-1992, SEC.3. Amended by P.L.1-1993, SEC.195; P.L.118-1993, SEC.6; P.L.211-2023, SEC.79.

IC 24-5-13.5-14 Deceptive acts; remedies and penalties

Sec. 14. A manufacturer or dealer who fails to comply with section 10, 11, or 12 of this chapter, as applicable to the manufacturer or dealer, commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and is subject to the remedies and penalties set forth in IC 24-5-0.5.

As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.7.

Ch. 14 Regulation of Automatic Dialing Machines

IC 24-5-14-1 Automatic dialing-announcing device

Sec. 1. As used in this chapter, "automatic dialing-announcing device" means a device that:

(1) selects and dials telephone numbers; and

(2) working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called.

As added by P.L.151-1988, SEC.1.

IC 24-5-14-2 "Caller"

Sec. 2. As used in this chapter, "caller" means an individual, corporation, limited liability company, partnership, unincorporated association, or the entity that attempts to contact, or contacts, a subscriber in Indiana by using a telephone or telephone line. The term includes an individual who is an officer of a corporation or a member of a limited liability company that attempts to contact, or contacts, a subscriber in Indiana by using a telephone or telephone line, if the individual:

(1) has a high degree of involvement in, or actual notice of, the contact or attempt to contact that does not comply with section 5 of this chapter; and

(2) fails to take reasonable steps to prevent the unlawful contact or attempted contact.

As added by P.L.151-1988, SEC.1. Amended by P.L.8-1993, SEC.364; P.L.153-2017, SEC.7.

IC 24-5-14-3 Commercial telephone solicitation

Sec. 3. (a) As used in this chapter, "commercial telephone solicitation" means any unsolicited call to a subscriber when:

(1) the person initiating the call has not had a prior business or personal relationship with the subscriber; and

(2) the purpose of the call is to solicit the purchase or the consideration of the purchase of goods or services by the subscriber.

(b) The term does not include calls initiated by the following:

(1) The state or a political subdivision (as defined by IC 36-1-2-13) for exclusively public purposes.

(2) The United States or any of its subdivisions for exclusively public purposes (involving real property in Indiana).

As added by P.L.151-1988, SEC.1.

IC 24-5-14-4 Subscriber

Sec. 4. As used in this chapter, "subscriber" means:

(1) a person who has subscribed to telephone service from a telephone company; or

(2) other persons living or residing with the subscribing person.

As added by P.L.151-1988, SEC.1.

IC 24-5-14-5 Restrictions on use of automatic dialing-announcing device

Sec. 5. (a) This section does not apply to any of the following messages:

(1) Messages from school districts to students, parents, or employees.

(2) Messages to subscribers with whom the caller has a current business or personal relationship.

(3) Messages advising employees of work schedules.

(b) A caller may not use or connect to a telephone line an automatic dialing-announcing device unless:

(1) the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or

(2) the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered.

As added by P.L.151-1988, SEC.1. Amended by P.L.169-2015, SEC.165; P.L.216-2015, SEC.40.

IC 24-5-14-6 Disconnect requirement

Sec. 6. A caller may not use an automatic dialing-announcing device unless the device is designed and operated to disconnect within ten (10) seconds after termination of the telephone call by the subscriber.

As added by P.L.151-1988, SEC.1.

IC 24-5-14-7 Live operator preceding message; disclosure

Sec. 7. When a message is immediately preceded by a live operator, the operator must, at the outset of the message, disclose the following:

(1) The name of the business, firm, organization, association, partnership, or entity for which the message is being made.

(2) The purpose of the message.

(3) The identity or kinds of goods or services the message is promoting.

(4) If applicable, the fact that the message intends to solicit payment or the commitment of funds.

As added by P.L.151-1988, SEC.1.

IC 24-5-14-8 Time restrictions

Sec. 8. (a) This section does not apply to messages described in section 5(a) of this chapter.

(b) A caller may not use an automatic dialing-announcing device for commercial telephone solicitation so that a subscriber receives a telephone call before 9 a.m. or after 8 p.m.

As added by P.L.151-1988, SEC.1.

IC 24-5-14-9 Failure to comply; petition; injunction

Sec. 9. Upon petition by any person that a caller has failed to comply with this chapter, the circuit or superior court of the county of residence of the petitioner may enjoin the caller from further violations.

As added by P.L.151-1988, SEC.1.

IC 24-5-14-10 Misdemeanor

Sec. 10. A caller who fails to comply with this chapter commits a Class C misdemeanor.

As added by P.L.151-1988, SEC.1.

IC 24-5-14-12 Prohibited use of automatic dialing-announcing device

Sec. 12. A caller may not use an automatic dialing-announcing device to make a telephone call to the following:

(1) A hospital (as defined in IC 16-18-2-179(b)).

(2) An ambulatory outpatient surgical center (as defined in IC 16-18-2-14).

(3) A health facility (as defined in IC 16-18-2-167).

(4) An emergency medical services facility (as defined in IC 16-18-2-111).

(5) A business providing emergency ambulance services (as defined in IC 16-18-2-107).

(6) A state institution (as defined in IC 12-7-2.1-318).

(7) A private mental health institution licensed under IC 12-25.

(8) A residential facility (as defined in IC 12-7-2.1-292).

(9) A law enforcement agency (as defined in IC 10-13-3-10).

(10) A fire department (as defined in IC 36-8-17-2).

As added by P.L.117-1992, SEC.1. Amended by P.L.2-1993, SEC.134; P.L.2-2003, SEC.63; P.L.145-2026, SEC.135.

IC 24-5-14-13 Deceptive act of caller; remedies and penalties

Sec. 13. (a) A caller who violates this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and that is subject to:

(1) the remedies and penalties under IC 24-5-0.5-4(c), IC 24-5-0.5-4(d), and IC 24-5-0.5-4(f); and

(2) a civil penalty of not more than the following:

(A) Ten thousand dollars ($10,000) for the first violation.

(B) Twenty-five thousand dollars ($25,000) for each violation after the first violation.

(b) A civil penalty recovered by the attorney general under subsection (a)(2) for a violation of this chapter shall be deposited in the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6 to be used for the administration and enforcement of this chapter.

As added by P.L.117-1992, SEC.2. Amended by P.L.242-2019, SEC.11.

Ch. 14.5 False or Misleading Caller Identification

IC 24-5-14.5-1 Applicability

Sec. 1. This chapter applies to the transmission of information through a caller identification service with respect to calls made after June 30, 2013, to a subscriber.

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-2 "Caller identification information"

Sec. 2. As used in this chapter, "caller identification information" means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or interconnected VOIP service.

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-3 "Caller identification service"

Sec. 3. (a) As used in this chapter, "caller identification service" means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or interconnected VOIP service.

(b) The term includes automatic number identification (as defined in 47 CFR 20.3) services.

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-4 "Interconnected VOIP service"

Sec. 4. As used in this chapter, "interconnected VOIP service" has the meaning set forth in 47 CFR 9.3.

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-5 "Place of primary use"

Sec. 5. As used in this chapter, "place of primary use" means the street address representative of where a subscriber's use of a telecommunications service or interconnected VOIP service primarily occurs, which must be:

(1) the residential street address or the primary business street address of the subscriber or, in the case of a subscriber of interconnected VOIP service, the subscriber's registered location (as defined in 47 CFR 9.3);

(2) within the licensed service area of the provider; and

(3) in the case of:

(A) mobile telecommunications service, determined in the manner provided in IC 6-8.1-15; and

(B) nonmobile telecommunications communications service, determined in the manner provided in IC 6-2.5-12.

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-6 "Provider"

Sec. 6. As used in this chapter, "provider" means a person that offers telecommunications service or interconnected VOIP service.

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-7 "Subscriber"

Sec. 7. As used in this chapter, "subscriber" means a person:

(1) that subscribes to a caller identification service in connection with:

(A) a telecommunications service; or

(B) an interconnected VOIP service;

to which the person subscribes; and

(2) whose place of primary use for the service described in subdivision (1)(A) or (1)(B) is in Indiana.

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-8 "Telecommunications service"

Sec. 8. As used in this chapter, "telecommunications service" has the meaning set forth in 47 U.S.C. 153.

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-9 Prohibited acts; transmitting misleading or inaccurate caller identification information

Sec. 9. Except as provided in section 10 of this chapter, a person shall not, in connection with any telecommunications service or interconnected VOIP service, knowingly and with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value, cause any caller identification service to transmit misleading or inaccurate caller identification information to a subscriber.

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-10 Exceptions

Sec. 10. This chapter does not prohibit or restrict any of the following:

(1) Subject to IC 24-5-12-25, blocking the capability of a caller identification service to transmit caller identification information.

(2) Any authorized activity of a law enforcement agency.

(3) Any lawfully authorized investigative, protective, or intelligence activity of:

(A) the United States or an intelligence agency of the United States;

(B) the state or a political subdivision of the state; or

(C) any other state or a political subdivision of that state.

(4) A court order that specifically authorizes the use of caller identification manipulation.

(5) The right of the attorney general to bring a civil action under 47 U.S.C. 227(e)(6) to enforce the federal Truth in Caller ID Act of 2009 (47 U.S.C. 227).

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-11 Repealed

As added by P.L.151-2013, SEC.8. Repealed by P.L.174-2021, SEC.21.

IC 24-5-14.5-12 Violation a deceptive act; knowing or intentional violations; civil penalty

Sec. 12. (a) Except as provided in subsection (b), a person who violates this chapter commits a deceptive act that is:

(1) actionable by the attorney general under IC 24-5-0.5-4(c); and

(2) subject to the remedies and penalties set forth in IC 24-5-0.5.

An action by the attorney general for a violation of this chapter may be brought in the circuit or superior court of Marion County.

(b) If the attorney general brings an action under this section and proves by a preponderance of the evidence that a person has knowingly or intentionally violated section 9 of this chapter, the attorney general may recover from the person on behalf of the state a civil penalty of not more than ten thousand dollars ($10,000) per violation. A civil penalty recovered under this subsection shall be deposited in the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6 to be used for the administration and enforcement of this chapter.

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-13 Cause of action; damages; injunctive relief

Sec. 13. (a) Except as provided in section 14 of this chapter, any person who is aggrieved by a violation of this chapter may bring an action for the recovery of the person's actual damages, including court costs and attorney's fees, against any person:

(1) responsible for; or

(2) who knowingly participated in;

the violation. An action under this subsection may be brought in the circuit or superior court of the aggrieved person's county of residence or principal place of business in Indiana.

(b) Upon petition by any person that another person has violated this chapter, the circuit or superior court of the petitioner's county of residence or principal place of business in Indiana may enjoin the respondent from further violations. The injunctive relief available under this subsection is in addition to any damages to which a person may be entitled under subsection (a).

As added by P.L.151-2013, SEC.8.

IC 24-5-14.5-14 Cause of action; gross negligence or intentional wrongdoing

Sec. 14. A person does not have a cause of action against a provider for a violation of this chapter unless the violation resulted from the provider's gross negligence or intentional wrongdoing.

As added by P.L.151-2013, SEC.8.

Ch. 15 Credit Services Organizations

IC 24-5-15-1 "Buyer" defined

Sec. 1. As used in this chapter, "buyer" means an individual who is solicited to purchase or who purchases the services of a credit services organization.

As added by P.L.142-1990, SEC.1.

IC 24-5-15-2 "Credit services organization"

Sec. 2. (a) As used in this chapter, "credit services organization" means a person that, with respect to the extension of credit by another person, sells, provides, performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration, any of the following services:

(1) Improving a buyer's credit record, credit history, or credit rating.

(2) Obtaining an extension of credit for a buyer.

(3) Obtaining a delay or forbearance of a buyer's obligation under a mortgage.

(4) Obtaining a lower interest rate for:

(A) a consumer loan; or

(B) a residential mortgage loan;

to which the buyer is a debtor or a prospective debtor.

(5) Providing debt settlement services on behalf of a buyer.

(6) Providing advice or assistance to a buyer concerning the services described in subdivisions (1) through (5).

(b) The term "credit services organization" does not include any of the following:

(1) A person authorized to make loans or extensions of credit under state or federal laws that is subject to regulation and supervision under state or federal laws, or a lender approved by the United States Secretary of Housing and Urban Development for participation in a mortgage insurance program under the federal National Housing Act (12 U.S.C. 1701 et seq.).

(2) A bank or savings association or a subsidiary of a bank or savings association that has deposits or accounts that are eligible for insurance by the Federal Deposit Insurance Corporation.

(3) A credit union doing business in Indiana.

(4) A nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.

(5) A person licensed as a real estate broker under IC 25-34.1 if the person is acting within the course and scope of the person's license.

(6) A person admitted to the practice of law in Indiana if the person is acting within the course and scope of the person's practice as an attorney.

(7) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker-dealer is acting within the course and scope of the broker-dealer's regulation.

(8) A consumer reporting agency (as defined in the Federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.)).

(9) A loan servicer acting on behalf of the holder of:

(A) a consumer loan; or

(B) a residential mortgage loan.

(10) A debt management company (as defined in IC 28-1-29-1(2)).

As added by P.L.142-1990, SEC.1. Amended by P.L.8-1991, SEC.7; P.L.79-1998, SEC.27; P.L.171-2006, SEC.1; P.L.114-2010, SEC.13.

IC 24-5-15-2.5 "Debt settlement services"

Sec. 2.5. As used in this chapter, "debt settlement services" means any of the following services that a person performs, offers to perform, or represents, either directly or by implication, that the person will perform with respect to a debt between a buyer and one (1) or more unsecured creditors or debt collectors:

(1) A renegotiation of the debt.

(2) A settlement of the debt.

(3) An alteration of the terms of payment or other terms of the debt, including a reduction in the balance, interest rate, or fees owed by the buyer to the creditor or debt collector.

As added by P.L.114-2010, SEC.14.

IC 24-5-15-3 "Extension of credit" defined

Sec. 3. As used in this chapter, "extension of credit" means the right to:

(1) defer payment of debt offered or granted primarily for personal, family, or household purposes;

(2) incur debt and defer payment of the debt offered or granted primarily for personal, family, or household purposes; or

(3) delay or avoid foreclosure on a buyer's residence.

As added by P.L.142-1990, SEC.1. Amended by P.L.171-2006, SEC.2.

IC 24-5-15-4 "Person" defined

Sec. 4. As used in this chapter, "person" means an individual, a corporation, a partnership, a joint venture, or any other entity.

As added by P.L.142-1990, SEC.1.

IC 24-5-15-5 Deceptive acts

Sec. 5. The following are deceptive acts:

(1) To charge or receive money or other valuable consideration before the complete performance of services that a credit services organization has agreed to perform for or on behalf of a consumer, unless the credit services organization has under section 8 of this chapter:

(A) obtained a surety bond issued by a surety company admitted to do business in Indiana; or

(B) established an irrevocable letter of credit.

(2) To charge or receive money or other valuable consideration to refer a buyer to a retail seller that will or may extend credit to the buyer if the extension of credit is made upon substantially the same terms as those available to the general public.

(3) To make or to advise a buyer to make a statement with respect to the buyer's creditworthiness, credit standing, or credit capacity that is:

(A) false or misleading; or

(B) that should be known by the exercise of reasonable care to be false or misleading;

to a consumer reporting agency or to a person that has extended credit to the buyer or to whom the buyer is applying for an extension of credit.

(4) To make or use a false or misleading representation in an offer to sell or a sale of the services of a credit services organization, including:

(A) guaranteeing to "erase bad credit" or using words to that effect unless the representation clearly discloses that this can be done only if a person's credit history is inaccurate or obsolete;

(B) guaranteeing an extension of credit regardless of the buyer's previous credit history unless the representation clearly discloses the eligibility requirements for obtaining the extension of credit; or

(C) requiring a buyer to waive a right protected by a state or federal law.

(5) To take a power of attorney from a buyer for any purpose other than inspecting documents as provided by law.

As added by P.L.142-1990, SEC.1. Amended by P.L.171-2006, SEC.3.

IC 24-5-15-6 Written statement provided by credit services organization

Sec. 6. Before executing a contract or agreement with a buyer or receiving money or other valuable consideration, a credit services organization must provide the buyer with a written statement that contains the following:

(1) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost of the services.

(2) A statement explaining the buyer's right to proceed against the bond or surety account required under section 8 of this chapter.

(3) The name and address of the:

(A) surety company that issued a bond; or

(B) depository and the trustee of a surety account and the account number of the surety account;

required under section 8 of this chapter.

(4) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency as provided under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

(5) A statement that the buyer's file is available for review:

(A) at no charge at the times and under the circumstances set forth in 15 U.S.C. 1681j; and

(B) for a minimal charge at any other time as provided by 15 U.S.C. 1681j(f).

(6) A complete and accurate statement of the buyer's right to dispute the completeness or accuracy of an item contained in a file on the buyer maintained by a consumer reporting agency.

(7) A statement that accurate information cannot be permanently removed from the files of a consumer reporting agency.

(8) A complete and accurate statement indicating when consumer information becomes obsolete and when consumer reporting agencies are prevented from issuing reports containing obsolete information.

(9) A complete and accurate statement of the availability of nonprofit credit counseling services.

As added by P.L.142-1990, SEC.1. Amended by P.L.114-2010, SEC.15.

IC 24-5-15-7 Contract between consumer and credit services organization; notice of cancellation form

Sec. 7. (a) Except as provided in subsection (d), a contract between a consumer and a credit services organization concerning the purchase of the services of the credit services organization must be in writing, be dated and signed by both the consumer and the credit services organization, and include all of the following:

(1) A statement in at least 10 point boldface type in immediate proximity to the space reserved for the signature of the buyer that reads:

"You, the buyer, may cancel this contract at any time before midnight of the third business day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.".

(2) The terms and conditions of payment, including the total amount of all payments to be made by the buyer to the credit services organization or to another person.

(3) A complete and detailed description of the services to be performed and the results to be achieved by the credit services organization for or on behalf of the buyer, including all guarantees and all promises of full or partial refunds and a list of the adverse information appearing on the consumer's credit report that the credit services organization expects to have modified and the estimated date by which each modification will occur.

(4) The principal business address of the credit services organization and the name and address of the credit services organization's agent in Indiana authorized to receive service of process.

(b) A contract shall be accompanied by two (2) copies of a form captioned "NOTICE OF CANCELLATION" attached to the contract and that contains the following statement in at least 10 point boldface type:

| NOTICE OF CANCELLATION | | | | | --- | --- | --- | --- | | You may cancel this contract, without any penalty or obligation, at any time before midnight of the third business day after the date the contract is signed. | | | | | If you cancel, any payment made by you under this contract will be returned within ten days following receipt by the seller of your cancellation notice, or any other written notice, to | | | | | _____________________________________________________ | | | | | (name of seller) | | | | | _____________________________________________________ | | | | | | (address of seller) | (place of business) | | | not later than midnight __________________________________ | | | | | | | | (date) | | "I hereby cancel this transaction". _________________________ | | | | | | | | (date) | | _____________________________________________________ | | | | | (buyer's signature) | | | |

(c) A credit services organization shall give a copy of the completed contract and all other documents required by the credit services organization to the buyer at the time the contract and the documents are signed.

(d) If a contract is subject to this chapter and to IC 37-4, IC 37-4-3 applies to the contract.

As added by P.L.142-1990, SEC.1. Amended by P.L.209-2007, SEC.1; P.L.115-2026, SEC.28.

IC 24-5-15-8 Surety bond or irrevocable letter of credit; filing with attorney general

Sec. 8. (a) Before doing business in Indiana, a credit services organization must:

(1) obtain a surety bond in the amount of twenty-five thousand dollars ($25,000), issued by a surety company authorized to do business in Indiana in favor of the state for the benefit of a person that is damaged by a violation of this chapter; and

(2) file a copy of the surety bond obtained under subdivision (1) with the attorney general.

(b) The attorney general may waive the bonding requirement under subsection (a) and, instead of the bond, accept an irrevocable letter of credit for an equivalent amount issued in favor of the state for the benefit of a person that is damaged by a violation of this chapter. A credit services organization that obtains an irrevocable letter of credit under this subsection must file a copy of the irrevocable letter of credit with the attorney general before doing business in Indiana.

As added by P.L.142-1990, SEC.1. Amended by P.L.171-2006, SEC.4; P.L.114-2010, SEC.16.

IC 24-5-15-9 Damage claims; alternative actions

Sec. 9. A person that is damaged by a credit services organization's violation of this chapter may:

(1) bring an action to recover the greater of two (2) times the amount of actual damages or one thousand dollars ($1,000) and attorney's fees; and

(2) bring an action against the bond or irrevocable letter of credit required under section 8 of this chapter to recover an amount equal to the person's actual damages.

As added by P.L.142-1990, SEC.1.

IC 24-5-15-10 Waiver of provisions

Sec. 10. A waiver of the provisions of this chapter by a buyer or credit services organization is void.

As added by P.L.142-1990, SEC.1.

IC 24-5-15-11 Violations; penalties; court jurisdiction

Sec. 11. A person who violates this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and is subject to the penalties and remedies available to the attorney general under IC 24-5-0.5. An action by the attorney general for violations of this chapter may be brought in the circuit or superior court of Marion County.

As added by P.L.142-1990, SEC.1.

Ch. 15.5 Debt Buyers

IC 24-5-15.5-1 Applicability

Sec. 1. This chapter applies after December 31, 2019.

As added by P.L.280-2019, SEC.6.

IC 24-5-15.5-2 "Debt"

Sec. 2. As used in this chapter, "debt" has the meaning set forth in 15 U.S.C. 1692a(5).

As added by P.L.280-2019, SEC.6. Amended by P.L.156-2020, SEC.89.

IC 24-5-15.5-3 "Debt buyer"

Sec. 3. (a) As used in this chapter, "debt buyer" means a person that is regularly engaged in the business of purchasing debt for collection purposes, regardless of whether the person:

(1) collects the debt;

(2) hires another person to collect the debt; or

(3) hires an attorney for litigation connected to collection of the debt.

(b) The term does not include a person that acquires a debt incidental to the purchase of a portfolio that predominantly consists of debt that has not been charged off.

As added by P.L.280-2019, SEC.6.

IC 24-5-15.5-4 "Person"

Sec. 4. As used in this chapter, "person" has the meaning set forth in IC 24-5-0.5-2.

As added by P.L.280-2019, SEC.6.

IC 24-5-15.5-5 Plaintiff debt buyer; initial pleading; required documentation

Sec. 5. (a) If a debt buyer brings an action on a debt, or an arbitration proceeding requesting a judgment on a debt, the plaintiff debt buyer shall attach with the initial pleading the following:

(1) One (1) of the following:

(A) If a signed contract or other writing evidencing the debtor's agreement to the debt exists, a copy of the contract or other writing.

(B) If a signed contract or other writing evidencing the debtor's agreement to the debt does not exist, a copy of a document provided to the debtor while the account was active.

However, for a revolving credit account, a copy of a charge off statement or the most recent monthly statement recording a purchase transaction, a last payment, or a balance transfer is sufficient to satisfy this requirement.

(2) A chronological list of the:

(A) names of all previous owners of the debt and date of each transfer of ownership of the debt, beginning with the name of the original charge off creditor; and

(B) documentation, or a bill of sale, evidencing the assignment of the debt to the plaintiff debt buyer.

(b) An initial pleading described in subsection (a) is sufficient if the plaintiff debt buyer complies with subsection (a)(1) and (a)(2).

As added by P.L.280-2019, SEC.6.

IC 24-5-15.5-6 Failure to comply; deceptive act

Sec. 6. Failure of a plaintiff debt buyer described in section 5 of this chapter to comply with section 5(a) of this chapter is a deceptive act that is actionable by the attorney general under IC 24-5-0.5 and is subject to the penalties listed in IC 24-5-0.5.

As added by P.L.280-2019, SEC.6.

Ch. 16 Unlawful Motor Vehicle Subleasing

IC 24-5-16-1 "Buyer" defined

Sec. 1. As used in this chapter, "buyer" means a person who buys goods from a seller.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-2 "Direct loan agreement" defined

Sec. 2. As used in this chapter, "direct loan agreement" means an agreement between a lender and a purchaser by which the lender has advanced funds under a loan secured by the vehicle that the purchaser has purchased.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-3 "Installment sale agreement" defined

Sec. 3. As used in this chapter, "installment sale agreement" means a credit sale of goods by a seller to a buyer for a deferred payment price payable in one (1) or more installments.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-4 "Lease contract" defined

Sec. 4. As used in this chapter, "lease contract" means a lease contract for or in contemplation of a lease for the use of a vehicle, and the purchase of services incidental to the lease, by an individual for a term exceeding four (4) months primarily for personal, family, household, business, commercial, or agricultural use.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-5 "Person" defined

Sec. 5. As used in this chapter, "person" means an individual, a company, a firm, an association, a partnership, a trust, a corporation, or other legal entity.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-6 "Purchaser" defined

Sec. 6. As used in this chapter, "purchaser" has the meaning set forth in IC 26-1-1-201(33).

As added by P.L.80-1990, SEC.16.

IC 24-5-16-7 "Secured party" defined

Sec. 7. As used in this chapter, "secured party" has the meaning set forth in IC 26-1-9.1-102(a)(72).

As added by P.L.80-1990, SEC.16. Amended by P.L.57-2000, SEC.8.

IC 24-5-16-8 "Security agreement" defined

Sec. 8. As used in this chapter, "security agreement" has the meaning set forth in IC 26-1-9.1-102(a)(73).

As added by P.L.80-1990, SEC.16. Amended by P.L.57-2000, SEC.9.

IC 24-5-16-9 "Security interest" defined

Sec. 9. As used in this chapter, "security interest" has the meaning set forth in IC 26-1-1-201(37).

As added by P.L.80-1990, SEC.16.

IC 24-5-16-10 "Seller" defined

Sec. 10. As used in this chapter, "seller" has the meaning set forth in IC 26-1-2-103(1)(d). The term includes the present holder of an installment sales agreement.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-11 "Vehicle" defined

Sec. 11. As used in this chapter, "vehicle" has the meaning set forth in IC 24-4-9-8.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-12 Unlawful subleasing; conditions

Sec. 12. (a) A person engages in an act of unlawful subleasing of a vehicle if all of the following conditions are met:

(1) The vehicle is subject to a lease contract, an installment sales agreement, or a security agreement, the terms of which prohibit the transfer or assignment of any right or interest in the vehicle or under the lease contract, installment sales agreement, or security agreement without consent of the lessor, seller, or secured party.

(2) The person is not a party to the lease contract, installment sales agreement, or security agreement.

(3) The person transfers or assigns, or purports to transfer or assign, a right or an interest in the vehicle under the lease contract, installment sales agreement, or security agreement to a person who is not a party to the lease contract, installment sales agreement, or security agreement.

(4) The person does not obtain, before the transfer or assignment described in subdivision (3), written consent to the transfer or assignment from the vehicle's lessor, seller, or secured party.

(5) The person receives compensation or some other consideration for the transfer or assignment described in subdivision (3).

(b) A person engages in an act of unlawful subleasing of a vehicle when the person is not a party to the lease contract, installment sales agreement, or security agreement and assists, causes, or arranges an actual or purported transfer or assignment described in subsection (a)(3).

As added by P.L.80-1990, SEC.16.

IC 24-5-16-13 Transfer or assignment of right or interest in vehicle under lease contract

Sec. 13. (a) The actual or purported transfer or assignment, or the assisting, causing, or arranging of an actual or purported transfer or assignment, of a right or an interest in a vehicle under a lease contract, installment sales agreement, or security agreement by a person who is a party to the lease contract, installment sales agreement, or security agreement is not an act of unlawful subleasing of a motor vehicle and is not subject to prosecution.

(b) This section does not affect the enforceability of any provision of a lease contract, an installment sales agreement, a security agreement, or a direct loan agreement by a party to the agreement.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-14 Civil action

Sec. 14. Any one (1) or more of the following who suffer any damage proximately resulting from one (1) or more acts of unlawful vehicle subleasing described in section 12 of this chapter may bring an action against the person who has engaged in those acts:

(1) A seller or other secured party under an installment sales agreement or a security agreement.

(2) A lender under a direct loan agreement.

(3) A lessor under a lease contract.

(4) A buyer under an installment sales agreement.

(5) A purchaser under a direct loan agreement, an agreement that provides for a security interest, or an agreement that is equivalent to these types of agreements.

(6) A lessee under a lease contract.

(7) An actual or a purported transferee or an assignee of a right or an interest of a buyer, a purchaser, or a lessee.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-15 Remedies

Sec. 15. The court in an action under section 14 of this chapter may award the following:

(1) Actual damages.

(2) Equitable relief, including an injunction and restitution of money and property.

(3) Punitive damages.

(4) Reasonable attorney's fees and costs.

(5) Any other relief the court considers proper.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-16 Class A misdemeanor

Sec. 16. A person who knowingly or intentionally engages in an act of unlawful subleasing of a vehicle as described in section 12 of this chapter commits a Class A misdemeanor.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-17 Additional remedies or penalties

Sec. 17. The remedies and penalties under this chapter are in addition to any other remedies or penalties provided by law for the conduct proscribed by this chapter.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-18 Violation; deceptive act; remedies and penalties

Sec. 18. A person who violates this chapter commits a deceptive act that is actionable by the attorney general and is subject to the remedies and penalties under IC 24-5-0.5.

As added by P.L.80-1990, SEC.16.

IC 24-5-16-19 Severability

Sec. 19. This chapter is severable in the manner provided by IC 1-1-1-8.

As added by P.L.80-1990, SEC.16.

Ch. 16.5 Disclosures Required in Motor Vehicle Leases

IC 24-5-16.5-1 "Adjusted or net capitalized cost"

Sec. 1. As used in this chapter, "adjusted or net capitalized cost" means the capitalized cost, less any capitalized cost reduction payments made by a retail lessee at the inception of a lease agreement. The adjusted or net capitalized cost is the basis for calculating the amount of a retail lessee's periodic payment under a lease agreement.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-2 "Capitalized cost"

Sec. 2. (a) As used in this chapter, "capitalized cost" means the amount that, after deducting any capitalized cost reduction, serves as the basis for determining the base lease payment, which is the part of the periodic lease payment that is the sum of:

(1) the average periodic lease charge; plus

(2) the average periodic depreciation.

(b) For a single payment lease, the base lease payment is the sum of:

(1) the average periodic lease charge multiplied by the number of months in the term of the lease; plus

(2) the average periodic depreciation multiplied by the number of months in the term of the lease.

(c) The capitalized cost may include any of the following:

(1) Taxes.

(2) Registration fees.

(3) License fees.

(4) Insurance charges.

(5) Charges for guaranteed auto protection or GAP coverage.

(6) Charges for service contracts and extended warranties.

(7) Fees and charges for accessories and for installing accessories.

(8) Charges for delivery, service, and repair.

(9) Administrative fees, acquisition fees, and all fees or charges for providing services incidental to the lease agreement.

(10) The unpaid balance of an amount financed under an outstanding motor vehicle loan agreement or motor vehicle retail installment contract with respect to a motor vehicle used as a trade-in vehicle.

(11) The unpaid part of the early termination obligation under an outstanding lease agreement.

(12) The first periodic payment due at the inception of the lease agreement, if not otherwise paid by the retail lessee.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-3 "Capitalized cost reduction"

Sec. 3. As used in this chapter, "capitalized cost reduction" means a payment made by cash, check, credit card, debit card, net vehicle trade-in, rebate, or other similar means in the nature of a down payment or credit, made by a retail lessee at the inception of a lease agreement, for the purpose of reducing the capitalized cost and does not include any periodic payments received by the retail lessor at the inception of the lease agreement.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-4 "Lease agreement"

Sec. 4. As used in this chapter, "lease agreement" means a written agreement entered into in Indiana for the transfer from a retail lessor to a retail lessee of the right to possess and use a motor vehicle in exchange for consideration for a scheduled term exceeding four (4) months, whether or not the retail lessee has the option to purchase or otherwise become the owner of the motor vehicle upon expiration of the agreement. The term does not include an agreement that covers an absolute sale, a sale pending approval, or a retail installment sale.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-5 "Lease transaction"

Sec. 5. As used in this chapter, "lease transaction" means a presentation made to a retail lessee concerning a motor vehicle, including a sales presentation or a document presented to the retail lessee, resulting in the execution of a lease agreement.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-6 "Retail lessee"

Sec. 6. As used in this chapter, "retail lessee" means an individual who executes a lease agreement for a motor vehicle from a retail lessor primarily for personal, family, or household purposes.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-7 "Retail lessor"

Sec. 7. As used in this chapter, "retail lessor" means a person who regularly engages in the business of selling or leasing motor vehicles and who offers or arranges a lease agreement for a motor vehicle. The term includes an agent or affiliate who acts on behalf of the retail lessor and excludes any assignee of the lease agreement.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-8 "Vehicle"

Sec. 8. As used in this chapter, "vehicle" has the meaning set forth in IC 9-13-2-196.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-9 Duties of retail lessor

Sec. 9. A retail lessor shall do the following:

(1) Comply with the requirements of Regulation M (12 CFR 213) for disclosure of gross capitalized cost, capitalized cost reduction, and adjusted capitalized cost adopted under the federal Truth in Lending Act (15 U.S.C. 1601 et seq.).

(2) Disclose to a retail lessee in a separate blocked section in a lease agreement, in capital letters in at least 10 point bold type the following:

THIS IS A LEASE AGREEMENT. THIS IS NOT A PURCHASE AGREEMENT. PLEASE REVIEW THESE MATTERS CAREFULLY AND SEEK INDEPENDENT PROFESSIONAL ADVICE IF YOU HAVE ANY QUESTIONS CONCERNING THIS TRANSACTION. YOU ARE ENTITLED TO AN EXACT COPY OF THE AGREEMENT YOU SIGN.

(3) Provide the retail lessee with a copy of each document signed by the retail lessee during the course of the lease transaction.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-10 Trade-in vehicle for leased vehicle

Sec. 10. A trade-in vehicle used, in whole or in part, to pay amounts due at lease signing or delivery of a leased vehicle must be identified:

(1) as a trade-in vehicle in the lease agreement; and

(2) by year, make, and model.

The lease agreement must state the net credit of the trade-in vehicle used to pay amounts due at lease signing or delivery of the leased vehicle.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-11 Bonafide printing error on lease agreement

Sec. 11. A bona fide printing error identified on the face of the lease agreement does not constitute a violation of this chapter.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-12 Remedies

Sec. 12. (a) A retail lessor who fails to comply with the requirements of this chapter is liable to the retail lessee for:

(1) actual damages sustained;

(2) a civil penalty of not more than one thousand dollars ($1,000) per lease transaction; and

(3) reasonable attorney's fees and costs.

(b) In addition to any other remedies provided by law, a retail lessee may bring an action in the circuit court, superior court, or probate court to recover the damages, penalties, and fees described in subsection (a).

(c) The total recovery of damages, penalties, and fees in a class action civil suit brought under this section may not exceed one hundred thousand dollars ($100,000).

As added by P.L.151-2015, SEC.80. Amended by P.L.84-2016, SEC.101.

IC 24-5-16.5-13 Civil suit by attorney general

Sec. 13. A civil suit described under section 12 of this chapter may be brought on behalf of a consumer by the attorney general.

As added by P.L.151-2015, SEC.80.

IC 24-5-16.5-14 Statute of limitation for filing of action

Sec. 14. An action authorized by sections 12 and 13 of this chapter must be brought not later than three (3) years after the date the lease agreement is signed.

As added by P.L.151-2015, SEC.80.

Ch. 17 Environmental Marketing Claims

IC 24-5-17-1 Policy

Sec. 1. It is the policy of the state to discourage deceptive environmental advertising claims.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-2 Application of chapter; violations

Sec. 2. (a) This chapter applies to a person who represents in advertising or on the label or package of a consumer good that the consumer good the person manufactures or distributes, or its package, is not harmful to or is beneficial to the natural environment by terms such as the following:

(1) Environmental choice.

(2) Ecologically, earth, or environmentally friendly.

(3) Ecologically or environmentally sound.

(4) Ecologically or environmentally safe.

(5) Environmentally "lite".

(6) Green product.

(7) Any term or terms similar to the other terms listed in this chapter.

(b) It is a violation of this chapter for any person to represent that any consumer good which the person manufactures or distributes or its package is "ozone friendly", "biodegradable", "compostable", "photodegradable", "recyclable", or "recycled" unless that consumer good or its package meets the definitions contained in this chapter or meets definitions established in trade regulations or guides adopted by the Federal Trade Commission or in enforceable regulations adopted by another federal agency expressly for the purpose of establishing standards for environmental advertising or representations.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-3 "Biodegradable" defined

Sec. 3. As used in this chapter, "biodegradable" means that material has the proven capability to decompose in less than one (1) year in the most common environment where the material is usually disposed through natural biological processes into nontoxic carbonaceous soil, water, or carbon dioxide.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-4 "Compostable" defined

Sec. 4. As used in this chapter, "compostable" means that material will decompose into a soil-like material in less than one (1) year under controlled biological circumstances.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-5 "Consumer goods" defined

Sec. 5. As used in this chapter, "consumer goods" means an article that is used or bought for use primarily for personal, family, or household purposes.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-6 "Ozone friendly" defined

Sec. 6. As used in this chapter, "ozone friendly" or any similar term that connotes that stratospheric ozone is not being depleted through use or production of the product means that a chemical or material released into the environment as a result of the use or production of a product will not migrate to the stratosphere and cause unnatural and accelerated deterioration of ozone.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-7 "Package" defined

Sec. 7. As used in this chapter, "package" means the coating, covering, container, or wrapping used during a product's life cycle, including any outer container, wrapping, or label used in the retail display of any consumer goods.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-8 "Photodegradable" defined

Sec. 8. As used in this chapter, "photodegradable" means that material has the proven capability to decompose within one (1) year into nontoxic carbonaceous soil, water, or carbon dioxide in the most common environment where the material is usually disposed through physical processes such as exposure to heat and light.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-9 "Recyclable" defined

Sec. 9. As used in this chapter, "recyclable" means that a material or product can be redeemed or returned at an identifiable recycling location for the purpose of returning the material to the economic mainstream in the form of raw material for new, reused, or reconstituted materials which meet quality standards necessary to be used in the marketplace.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-10 "Recycled" defined

Sec. 10. As used in this chapter, "recycled" means that an article contains at least ten percent (10%) by weight of postconsumer or post manufacture material.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-11 Representations; determination of initiation

Sec. 11. For purposes of this chapter, a wholesaler or retailer is not considered to have made a representation if the wholesaler or retailer does not initiate a representation by placing the representation on a package.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-12 Representation's validity; information and documentation requirements

Sec. 12. A person shall maintain in written form in the person's records the following information and documentation supporting the validity of the representation:

(1) The reasons why the person believes the representation to be true.

(2) Any significant adverse environmental impacts directly associated with the production, distribution, use, or disposal of the consumer good.

(3) Any measures that the person has taken to reduce the environmental impacts directly associated with the production, distribution, and disposal of the consumer good.

(4) Any violations of federal, state, or local permits directly associated with the production or distribution of the consumer good.

(5) Whether the consumer good is recycled, recyclable, biodegradable, photodegradable, compostable, or ozone friendly.

As added by P.L.13-1991, SEC.2.

IC 24-5-17-13 Disclosure requirements

Sec. 13. Upon the written request of the department of environmental management established by IC 13-13-1-1 or the office of the attorney general created under IC 4-6-1-2, a person shall fully disclose to the requesting office, within the limits of all applicable laws, the information and documentation maintained by the person under section 12 of this chapter. The requesting office shall make the information and documentation disclosed under this section available for public inspection and copying at its offices.

As added by P.L.13-1991, SEC.2. Amended by P.L.1-1996, SEC.79.

IC 24-5-17-14 Violations; penalties; claims for damages

Sec. 14. (a) A person who knowingly violates this chapter commits a deceptive act that is subject to remedies and penalties under IC 24-5-0.5.

(b) A person who suffers actual damages from a violation of this act may bring an action to recover the actual damage plus attorney's fees.

As added by P.L.13-1991, SEC.2.

Ch. 18 Garage Door Opening Systems

IC 24-5-18-1 "Automatic garage door opening system"

Sec. 1. As used in this chapter, "automatic garage door opening system" means a system of devices and equipment that is not a commercial garage door operator and that when connected to a garage door automatically opens and closes the garage door.

As added by P.L.212-1993, SEC.1.

IC 24-5-18-2 "Automatic reversing requirement"

Sec. 2. As used in this chapter, "automatic reversing requirement" refers to the requirements specified in paragraphs 30.1 and 30.2 of Underwriters Laboratories, Inc., Standards for Safety-UL 325, third edition, as revised May 4, 1988, for an automatic garage door opening system.

As added by P.L.212-1993, SEC.1.

IC 24-5-18-3 "Garage"

Sec. 3. As used in this chapter, "garage" means a building or a part of a building designed or used for the storage, repair, or keeping of a motor vehicle.

As added by P.L.212-1993, SEC.1.

IC 24-5-18-4 "Person"

Sec. 4. As used in this chapter, "person" means an individual, a corporation, a partnership, an association, or other legal entity.

As added by P.L.212-1993, SEC.1.

IC 24-5-18-5 "Residential building"

Sec. 5. As used in this chapter, "residential building" means a structure such as a home or an apartment for one (1) or more families or persons that includes an attached or unattached garage.

As added by P.L.212-1993, SEC.1.

IC 24-5-18-6 "Supplier"

Sec. 6. As used in this chapter, "supplier" means a seller, lessor, assignor, or other person who regularly engages in or solicits consumer transactions.

As added by P.L.212-1993, SEC.1.

IC 24-5-18-7 Repair or installation without onsite reversal test forbidden; exceptions

Sec. 7. (a) A supplier may not:

(1) repair; or

(2) install;

an automatic garage door opening system in a residential building unless the system passes the onsite test described in section 8 of this chapter.

(b) This section does not prevent the servicing or repair of an automatic garage door opening system if, after the repair or service:

(1) the system complies with subsection (a); or

(2) the supplier complies with section 8 of this chapter.

As added by P.L.212-1993, SEC.1.

IC 24-5-18-8 Onsite reversal test procedure; warning tag; notice

Sec. 8. (a) A supplier who installs, services, or repairs an automatic garage door opening system in a residential building shall conduct an onsite reversal test of the system. In order to pass the onsite reversal test, the system must reverse the door upon contact with a rigid two inch (2") high obstacle (or a 2 by 4 block of wood) placed on the surface beneath the garage door.

(b) If the automatic garage door opening system does not pass the onsite reversal test required by subsection (a), the supplier conducting the test shall complete and conspicuously attach to the automatic garage door opening system a label or tag that contains the following information (The following language complies with this requirement, but other language may be used that conveys the equivalent information.):

WARNING

This garage door opener was tested and does not meet the current requirements for a working safety reverse feature. This can be dangerous and may cause serious injury or death. You are advised to disconnect the opener from the door immediately and operate the door manually until the opener has been repaired or replaced with an opener that meets current safety standards relating to automatic reversal.

| | | Printed Name and | | --- | --- | --- | | | Model (if known) | Signature of Tester | | | _____________________ | ______________________ | | | _____________________ | ______________________ | | | Manufacturer (if known) | Employer Name | | | _____________________ | ______________________ | | | _____________________ | ______________________ | | | Serial Number (if known) | Employer Address/ | | | | Phone Number | | | _____________________ | ______________________ | | | _____________________ | ______________________ | | | | Date | | | | ______________________ |

(c) The word "WARNING" on the label or tag described in subsection (b) shall be in the foreground and background colors that comply with the standards of the American National Standards Institute (ANSI) that are in effect at the time that the label or tag is affixed.

(d) The employer of the person who attaches a label or tag under subsection (b) shall notify the occupant of the residence within ten (10) working days in writing that the residence's automatic garage door opening system does not comply with this chapter.

As added by P.L.212-1993, SEC.1. Amended by P.L.1-1994, SEC.119.

IC 24-5-18-9 Local ordinance

Sec. 9. This chapter does not preclude a political subdivision from adopting, by ordinance, rules for the installation and repair of automatic garage door opening systems that are more restrictive than the standards set forth in this chapter.

As added by P.L.212-1993, SEC.1.

IC 24-5-18-10 Violations; penalty

Sec. 10. (a) A supplier who knowingly violates the requirements of this chapter is subject to a civil penalty of five hundred dollars ($500) for each violation.

(b) The attorney general may bring an action on behalf of the state to recover the penalty imposed by subsection (a) from the supplier.

As added by P.L.212-1993, SEC.1.

Ch. 19 Deceptive Commercial Solicitation

IC 24-5-19-1 Application of chapter

Sec. 1. This chapter applies to a person that sends, delivers, or transmits by mail, private delivery, facsimile transmission, or electronic mail a solicitation offering goods or services for sale, lease, or rent if the person:

(1) creates, prepares, packages, or handles the solicitation in Indiana;

(2) sends the solicitation from a location in Indiana;

(3) sends the solicitation from outside Indiana to a location or person in Indiana;

(4) uses a post office box, mailing service, or facsimile transmission service in Indiana;

(5) remails, forwards, redirects, or retransmits the solicitation from Indiana to a location in Indiana or outside Indiana; or

(6) directly or indirectly uses another person in Indiana to create, prepare, package, handle, send, deliver, transmit, remail, forward, redirect, or retransmit a solicitation.

As added by P.L.176-1997, SEC.1.

IC 24-5-19-2 "Person" defined

Sec. 2. As used in this chapter, "person" has the meaning set forth in IC 24-5-0.5-2.

As added by P.L.176-1997, SEC.1.

IC 24-5-19-3 Solicitation of payment by bill, invoice, or statement of account due

Sec. 3. A person may not, with intent to deceive, knowingly or intentionally send, deliver, or transmit a bill, an invoice, or a statement of account due, or a writing that could reasonably be interpreted as a bill, an invoice, or a statement of account due, to solicit payment of money by another person for goods not yet ordered or for services not yet performed and not yet ordered.

As added by P.L.176-1997, SEC.1.

IC 24-5-19-4 Solicitation of payment by compliance notice, legal notice, or other notice of governmental entity

Sec. 4. A person that is not a governmental entity may not knowingly or intentionally send, deliver, or transmit a writing that purports to be a compliance notice, legal notice, or other notice of a governmental entity, or a writing that could reasonably be interpreted to be a compliance notice, legal notice, or other notice of a governmental entity, to solicit payment of money by another person for goods not yet ordered or for services not yet performed and not yet ordered.

As added by P.L.176-1997, SEC.1.

IC 24-5-19-5 Solicitation when goods not shipped or services not performed

Sec. 5. A person may not knowingly or intentionally send, deliver, or transmit a solicitation for goods if the solicitation indicates that goods have been shipped to or services performed for the recipient and the goods have not been shipped or the services have not been performed.

As added by P.L.176-1997, SEC.1.

IC 24-5-19-6 Compliance with other provisions of law

Sec. 6. The provisions of this chapter are not exclusive and do not relieve a person of compliance with other applicable provisions of law.

As added by P.L.176-1997, SEC.1.

IC 24-5-19-7 Voidable contracts

Sec. 7. A contract entered into in reliance on a solicitation that does not comply with this chapter is voidable by the party that relied on the solicitation.

As added by P.L.176-1997, SEC.1.

IC 24-5-19-8 Waiver

Sec. 8. A waiver of a person's rights under all or part of this chapter is void and unenforceable.

As added by P.L.176-1997, SEC.1.

IC 24-5-19-9 Power to bring action, seek injunction, or submit matter to attorney general

Sec. 9. A person that receives a solicitation that violates the provisions of this chapter may:

(1) bring an action in the circuit or superior court of the county of the person's residence for recovery of the person's actual damages resulting from the violation, including court costs and attorney's fees;

(2) petition the circuit or superior court of the person's county of residence to enjoin the sender of the solicitation from further violation; and

(3) whether or not the recipient of the solicitation is actually deceived, submit the matter to the attorney general for action under IC 24-5-0.5.

As added by P.L.176-1997, SEC.1.

IC 24-5-19-10 Violation of chapter; Class A misdemeanor

Sec. 10. A person that violates the provisions of this chapter commits a Class A misdemeanor.

As added by P.L.176-1997, SEC.1.

IC 24-5-19-11 Penalties

Sec. 11. (a) A person that violates this chapter is subject to the penalties set forth in IC 24-5-0.5.

(b) The penalties set forth in IC 24-5-0.5 apply whether or not a recipient of the person's solicitation is actually deceived.

As added by P.L.176-1997, SEC.1.

Ch. 20 Assistive Device Warranties

IC 24-5-20-1 Applicability of chapter

Sec. 1. This chapter does not apply to assistive devices purchased by, leased by, or transferred to a consumer before July 1, 1999.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-2 "Assistive device" defined

Sec. 2. As used in this chapter, "assistive device" means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in Indiana that is used for a major life activity. The term includes the following devices:

(1) Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual.

(2) Hearing aids, telephone communication devices for the deaf (TTD, TTY), assistive listening devices, visual and audible signal systems, and other aids that enhance an individual's ability to hear.

(3) Voice synthesized computer modules, optical scanners, talking software, braille printers, and other devices that enhance a sight impaired individual's ability to communicate.

(4) Any other device that enables an individual with a disability to communicate, see, hear, or maneuver.

The term does not include surgical implants, dental and ocular prostheses, batteries, tires, or nonfunctional accessories.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-3 "Collateral costs" defined

Sec. 3. As used in this chapter, "collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the reasonable costs of obtaining an alternative assistive device. The term does not include the cost of an alternative assistive device.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-4 "Consumer" defined

Sec. 4. As used in this chapter, "consumer" means any of the following:

(1) An individual who is a person with a disability as defined in the federal Americans With Disabilities Act (42 U.S.C. 12101(2)) or the individual's legal representative:

(A) who has purchased an assistive device from an assistive device dealer or manufacturer for purposes other than resale;

(B) to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of any warranty established by this chapter; or

(C) who leases a new assistive device from an assistive device lessor under a written lease.

(2) A person that purchases or leases an assistive device using state or federal funds for the use of an individual with a disability.

(3) An insurer or self-insurer that purchases or leases an assistive device for the use of an individual with a disability.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-5 "Dealer" defined

Sec. 5. As used in this chapter, "dealer" means a person who is in the business of selling or dispensing assistive devices.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-6 "Demonstrator" defined

Sec. 6. As used in this chapter, "demonstrator" means an assistive device used primarily for the purpose of demonstration to the public or loan to a consumer.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-7 "Manufacturer" defined

Sec. 7. As used in this chapter, "manufacturer" means a person that manufactures or assembles assistive devices. The term includes the agents of that person, an importer, a factory branch, and any warrantors of the person's assistive device. The term does not include a professional who fabricates, without charge, a device for use in the course of treatment.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-8 "Nonconformity" defined

Sec. 8. (a) As used in this chapter, "nonconformity" means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components.

(b) The term does not include a condition or defect of the assistive device that:

(1) is the result of:

(A) abuse, misuse, or neglect by a consumer;

(B) modifications or alterations not authorized by the manufacturer;

(C) normal wear, including accumulation of ear wax, perspiration, or moisture;

(D) normal use that may be resolved through a fitting adjustment, routine maintenance, preventative maintenance, or proper care; or

(E) a consumer's failure to follow any manufacturer's written service and maintenance guidelines furnished at the time of purchase; or

(2) indicates the need for:

(A) routine adjustment, modification, or upgrade; or

(B) an adjustment:

(i) due to an exacerbation in the condition of the individual with a disability; or

(ii) to improve the fit of the assistive device.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-9 Reasonable attempt to repair

Sec. 9. For purposes of this chapter, a "reasonable attempt to repair" has occurred if, within one (1) year after the date of first delivery of the assistive device, either of the following applies:

(1) The same nonconformity has been subject to repair two (2) or more times by the manufacturer, assistive device lessor, or any assistive device dealer authorized by the manufacturer to repair the assistive device, and the nonconformity continues to exist and interfere with the assistive device's operation.

(2) The assistive device is out of service because of nonconformities, with no fungible loaner available, for a cumulative total of at least thirty (30) business days (not including any necessary time in shipment), due to repair by the manufacturer, assistive device lessor, or any assistive device dealer authorized by the manufacturer to repair the assistive device. For purposes of this subdivision a loaner hearing aid is considered fungible with the consumer's hearing aid if the loaner hearing aid improves the consumer's hearing. This subdivision does not apply if the repairs could not be performed because of conditions beyond the control of the manufacturer, its agents, or authorized dealers, including war, invasion, strike, fire, flood, or other natural disasters.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-10 Implied warranties regarding nonconformity

Sec. 10. Notwithstanding any other law, in addition to any express warranty furnished by the manufacturer of an assistive device, the manufacturer is also considered to have warranted both of the following for a period of one (1) year from the date of first delivery to the consumer purchasing or leasing the assistive device in Indiana:

(1) That the assistive device, when used as intended, will be free from any nonconformity.

(2) That any nonconformity will be repaired (including parts and labor) by the manufacturer or its agent, without charge to the consumer.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-11 Return of nonconforming assistive device

Sec. 11. If, after reasonable attempt to repair, a nonconformity is not repaired, the consumer must return the assistive device to the dealer and the manufacturer shall do either of the following:

(1) Do both of the following:

(A) Accept return of the nonconforming assistive device.

(B) Not later than fourteen (14) days after return of the assistive device, refund to the consumer or consumers:

(i) the full purchase price of the assistive device, excluding the cost of services associated with the device's initial purchase, together with reasonable collateral costs, less a reasonable allowance for use; or

(ii) if the device was leased, all lease payments made through the date of return together with a proportional share of any required deposit.

A refund of the amounts described in this clause to a consumer or consumers shall be made to the extent of each consumer's bearing the initial purchase or lease cost and bearing of any collateral costs.

(2) Accept return of the nonconforming assistive device and replace the nonconforming assistive device with one (1) of comparable market value, function, and usefulness as appropriate to the consumer within thirty (30) business days of the return, not including, in the case of a hearing aid, scheduling time for professional fitting and dispensing.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-12 Resale of nonconforming assistive devices prohibited

Sec. 12. An assistive device returned due to a nonconformity under this chapter by a consumer or an assistive device lessor in Indiana or any other state may not be sold or leased again in Indiana unless full disclosure of the reason for the return is made to any prospective buyer or lessee.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-13 Remedies

Sec. 13. (a) The remedies afforded by this chapter are:

(1) cumulative;

(2) not exclusive; and

(3) in addition to any other legal or equitable remedies available to the consumer.

(b) In addition to any other remedies available, a consumer who suffers loss as a result of any violation of this chapter may:

(1) bring an action to recover damages; or

(2) submit the matter to arbitration under IC 34-57-2.

As added by P.L.85-1999, SEC.1.

IC 24-5-20-14 Limitation of warranties and waiver of rights prohibited

Sec. 14. (a) A manufacturer's exclusion or limitation of the warranties or consumer remedies provided by this chapter is void.

(b) A purported waiver of rights to legal action or arbitration by a consumer within an assistive device purchase agreement is void.

As added by P.L.85-1999, SEC.1.

Ch. 21 Prescription Drug Discount Cards

IC 24-5-21-1 Applicability

Sec. 1. This chapter does not apply to the following:

(1) Eye or vision care services, glasses, or contact lenses provided by an optometrist or ophthalmologist.

(2) A card, device, or other purchasing mechanism that is not insurance but that is administered in conjunction with a health or medical benefit by an insurance company, a nonprofit health service plan corporation, or a health maintenance organization.

(3) A benefit administered by or under contract with the state of Indiana.

(4) A customer discount or membership card issued by a store or buying club for use at that store or buying club.

As added by P.L.230-2001, SEC.1.

IC 24-5-21-2 "Person" defined

Sec. 2. As used in this chapter, "person" has the meaning set forth in IC 24-5-0.5-2.

As added by P.L.230-2001, SEC.1.

IC 24-5-21-3 Prohibitions against sale or distribution of card

Sec. 3. A person may not sell, market, promote, advertise, or distribute a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases in the following situations:

(1) The card, device, or other purchasing mechanism does not expressly state in bold and prominent type, which is prominently placed, that the discounts are not insurance.

(2) The discounts are not specifically authorized by an individual and separate contract with each pharmacy listed with the card, device, or other purchasing mechanism.

(3) The discounts or access to discounts offered, or the range of discounts or access to the range of discounts offered are deceptive or misleading.

As added by P.L.230-2001, SEC.1.

IC 24-5-21-4 Indiana resident designated as agent for service of process

Sec. 4. A person who is not exempt under section 1 of this chapter and who sells, markets, promotes, advertises, or distributes a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases shall designate a resident in Indiana as an agent for service of process and register the agent with the secretary of state.

As added by P.L.230-2001, SEC.1.

IC 24-5-21-5 Card voidable for noncompliance

Sec. 5. A contract entered into to purchase a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases that does not comply with this chapter is voidable by the purchaser.

As added by P.L.230-2001, SEC.1.

IC 24-5-21-6 Legal action for violations

Sec. 6. (a) The attorney general, a prosecuting attorney, or an individual may maintain an action to enjoin any act that is in violation of this chapter and for the recovery of damages.

(b) An action brought under this section may be brought in the county where:

(1) the plaintiff resides or conducts business;

(2) the defendant resides or conducts business; or

(3) the card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases was sold, marketed, promoted, advertised, or distributed.

(c) If the court finds that the defendant violated any provision of this chapter, the court shall enjoin the defendant from continuing the acts that are in violation of this chapter.

(d) A plaintiff who prevails in an action under this chapter may recover the following:

(1) A sum equal to one hundred dollars ($100) per card, device, or other purchasing mechanism that is sold or distributed in Indiana by the defendant or ten thousand dollars ($10,000), whichever is greater.

(2) Three (3) times the amount of actual damages, if any.

(3) Reasonable attorney's fees.

(4) Court costs.

(5) Any other relief that the court considers proper.

As added by P.L.230-2001, SEC.1.

IC 24-5-21-7 Provisions not exclusive

Sec. 7. (a) The provisions of this chapter are not exclusive and do not relieve a person from compliance with other applicable provisions of law.

(b) The penalties in this chapter are cumulative and in addition to any other applicable penalties.

(c) A person that violates this chapter is subject to the penalties set forth in IC 24-5-0.5.

(d) All actions brought under this chapter must be brought within two (2) years after the date on which the violation of this chapter occurred.

As added by P.L.230-2001, SEC.1.

Ch. 22 Deceptive Commercial Electronic Mail

IC 24-5-22-1 "Assist the transmission"

Sec. 1. As used in this chapter, "assist the transmission" means to provide substantial assistance or support that enables a person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is engaged or intends to engage in a practice that violates this chapter.

As added by P.L.36-2003, SEC.1.

IC 24-5-22-2 "Commercial electronic mail message"

Sec. 2. (a) As used in this chapter, "commercial electronic mail message" refers to an electronic mail message sent to promote the sale or lease of real property, goods, or services.

(b) The term does not include an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, if the sender has agreed to such an arrangement.

As added by P.L.36-2003, SEC.1.

IC 24-5-22-3 "Electronic mail address"

Sec. 3. As used in this chapter, "electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.

As added by P.L.36-2003, SEC.1.

IC 24-5-22-4 "Initiate the transmission"

Sec. 4. (a) As used in this chapter, "initiate the transmission" refers to the action by the original sender of an electronic mail message.

(b) The term does not include an action by any intervening interactive computer service that handles or retransmits the message.

As added by P.L.36-2003, SEC.1.

IC 24-5-22-5 "Interactive computer service"

Sec. 5. (a) As used in this chapter, "interactive computer service" means an information service, a system, or an access software provider that provides or enables computer access to a computer server by multiple users.

(b) The term includes the following:

(1) A service or system that provides access to the Internet.

(2) A system operated or services offered by a library, a school, a state educational institution, or a private postsecondary educational institution.

As added by P.L.36-2003, SEC.1. Amended by P.L.2-2007, SEC.317.

IC 24-5-22-6 "Internet domain name"

Sec. 6. As used in this chapter, "Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right most string specifying the top of the hierarchy.

As added by P.L.36-2003, SEC.1.

IC 24-5-22-7 Indiana recipient of commercial electronic mail message; transmission of commercial electronic mail message; application

Sec. 7. (a) For purposes of this section, a person knows that the intended recipient of a commercial electronic mail message is an Indiana resident if that information is available, upon request, from the registrant of the Internet domain name contained in the recipient's electronic mail address.

(b) Subsection (c) applies only to a commercial electronic mail message that:

(1) uses a third party's Internet domain name without permission of the third party;

(2) otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of the commercial electronic mail message; or

(3) contains false or misleading information in the subject line.

(c) A person may not initiate or assist the transmission of a commercial electronic mail message described in subsection (b):

(1) from a computer located in Indiana; or

(2) to an electronic mail address that the sender:

(A) knows; or

(B) has reason to know;

is held by a resident of Indiana.

As added by P.L.36-2003, SEC.1. Amended by P.L.97-2004, SEC.91.

IC 24-5-22-8 Commercial electronic mail; prohibited practices

Sec. 8. A person may not do any of the following:

(1) Send unsolicited commercial electronic mail and fail to use "ADV:" as the initial four (4) characters in the subject line of the electronic mail. This subdivision does not apply if any of the following apply:

(A) The sender of the electronic mail has a current business relationship with the recipient of the electronic mail.

(B) The sender of the electronic mail is an organization using the electronic mail to communicate with its members.

(C) The sender of the electronic mail is an organization using the electronic mail to communicate exclusively with the organization's employees or contractors, or both.

(2) Send unsolicited commercial electronic mail and fail to use "ADV:ADLT" as the first eight (8) characters in the subject line of the electronic mail if the unsolicited commercial electronic mail is any of the following:

(A) The unsolicited commercial electronic mail contains a solicitation for the sale or lease of services or tangible or intangible personal or real property that may not be purchased, leased, or possessed by a minor under Indiana law.

(B) The unsolicited commercial electronic mail contains a solicitation for an extension of credit.

(C) The unsolicited commercial electronic mail contains matter that is harmful to minors under Indiana law.

(3) Send unsolicited commercial electronic mail and fail to provide a means for the recipient easily and at no cost to the recipient to remove the recipient's name from the sender's electronic mail address lists.

(4) Send unsolicited commercial electronic mail to a recipient who has asked the sender to remove the recipient's electronic mail address from the sender's electronic mail address lists.

(5) Provide to a third person the electronic mail address of a recipient who has asked the sender to remove the recipient's electronic mail address from the sender's electronic mail address lists. This subdivision applies to a third person who is a part of the sender's business organization. This subdivision does not prohibit providing a recipient's electronic mail address to a third person for the sole purpose of inclusion of the electronic mail address on a do-not-mail list.

As added by P.L.36-2003, SEC.1.

IC 24-5-22-9 Interactive computer services; blocking transmission of commercial electronic mail; liability

Sec. 9. (a) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail message that it reasonably believes is or will be sent in violation of this chapter.

(b) An interactive computer service is not liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any commercial electronic mail message that it reasonably believes is or will be sent in violation of this chapter.

As added by P.L.36-2003, SEC.1.

IC 24-5-22-10 Right of action; exclusions; defenses; remedies; jurisdiction

Sec. 10. (a) The following have a right of action against a person who initiates or assists the transmission of a commercial electronic mail message that violates this chapter:

(1) A person who receives the commercial electronic mail message.

(2) An interactive computer service that handles or retransmits the commercial electronic mail message.

(b) This chapter does not provide a right of action against:

(1) an interactive computer service; or

(2) a communications service provider (as defined in IC 8-1-2.6-13);

whose equipment is used to transport, handle, or retransmit a commercial electronic mail message that violates this chapter.

(c) It is a defense to an action under this section if the defendant shows by a preponderance of the evidence that the violation of this chapter resulted from a good faith error and occurred notwithstanding the maintenance of procedures reasonably adopted to avoid violations of this chapter.

(d) If the plaintiff prevails in an action filed under this section, the plaintiff is entitled to the following:

(1) An injunction to enjoin future violations of this chapter.

(2) Compensatory damages equal to any actual damage proven by the plaintiff to have resulted from the initiation of the commercial electronic mail message. If the plaintiff does not prove actual damage, the plaintiff is entitled to presumptive damages of five hundred dollars ($500) for each commercial electronic mail message that violates this chapter and that is sent by the defendant:

(A) to the plaintiff; or

(B) through the plaintiff's interactive computer service.

(3) The plaintiff's reasonable attorney's fees and other litigation costs reasonably incurred in connection with the action.

(e) A person outside Indiana who:

(1) initiates or assists the transmission of a commercial electronic mail message that violates this chapter; and

(2) knows or should know that the commercial electronic mail message will be received in Indiana;

submits to the jurisdiction of Indiana courts for purposes of this chapter.

As added by P.L.36-2003, SEC.1. Amended by P.L.132-2012, SEC.6.

Ch. 23 Marketing by Mortgage Lenders

IC 24-5-23-1 "Mortgage lender"

Sec. 1. As used in this chapter, "mortgage lender" means the original lender under a mortgage and the original lender's successors and assigns, including insurance companies, trust companies, banks, investment companies, savings banks, savings associations, credit unions, executors, trustees, and other fiduciaries, or any other mortgagee authorized to do business in this state.

As added by P.L.10-2006, SEC.22 and P.L.57-2006, SEC.22.

IC 24-5-23-2 Marketing materials and solicitations; use of name of existing mortgage lender prohibited; permissible uses and references; remedies

Sec. 2. (a) Except as provided in subsection (b), a person, firm, limited liability company, or corporation may not use the name of an existing mortgage lender or a name confusingly similar to that of an existing mortgage lender when marketing to or soliciting business from a customer or prospective customer if the reference to the existing mortgage lender is:

(1) without the consent of the existing mortgage lender; and

(2) made in a manner that could cause a reasonable person to believe that the marketing material or solicitation:

(A) originated from;

(B) is endorsed by; or

(C) is in any other way the responsibility of;

the existing mortgage lender.

(b) This section does not prohibit the use of or reference to the name of an existing mortgage lender in marketing materials or solicitations if the use or reference does not deceive or confuse a reasonable person regarding whether the marketing material or solicitation:

(1) originated from;

(2) is endorsed by; or

(3) is in any other way the responsibility of;

the existing mortgage lender.

(c) A mortgage lender whose name is used in violation of this section may bring an action to recover the greater of:

(1) two (2) times the amount of actual damages incurred by the mortgage lender as a result of the violation; or

(2) one thousand dollars ($1,000) plus attorney's fees.

(d) A mortgage lender that is a bank or a bank holding company is entitled to any relief available under both:

(1) subsection (c); and

(2) IC 28-1-20-4(m);

with respect to the same violation.

As added by P.L.10-2006, SEC.22 and P.L.57-2006, SEC.22.

Ch. 23.5 Real Estate Appraisals

IC 24-5-23.5-1 "Appraisal"

Sec. 1. (a) As used in this chapter, "appraisal" means an estimation that:

(1) represents the final opinion of the value of real property that is the subject of a real estate transaction; and

(2) serves as the basis for the extension of credit, in the case of a real estate transaction involving the making, refinancing, or consolidation of a mortgage loan.

(b) The term may include any of the following:

(1) The results of an automated valuation model.

(2) A broker's price opinion.

(3) A desktop evaluation.

As added by P.L.52-2009, SEC.2.

IC 24-5-23.5-2 "Appraisal company"

Sec. 2. As used in this chapter, "appraisal company" means a sole proprietorship, firm, corporation, partnership, limited liability company, limited liability partnership, joint venture, trust, or other business unit or association that:

(1) performs appraisals on a regular basis for compensation through one (1) or more owners, officers, employees, or agents; or

(2) holds itself out to the public as performing appraisals.

As added by P.L.52-2009, SEC.2.

IC 24-5-23.5-3 "Creditor"

Sec. 3. (a) As used in this chapter, "creditor" means a person:

(1) that regularly engages in Indiana in the extension of mortgage loans that are subject to a credit service charge or loan finance charge, as applicable, or are payable by written agreement in more than four (4) installments (not including a down payment); and

(2) to whom the obligation arising from a mortgage loan is initially payable, either on the face of the note or contract, or by agreement if there is not a note or contract.

(b) The term does not include a person described in:

(1) IC 37-5-2-6(a)(2) if the person described in IC 37-5-2-6-6(a)(2) is not the person extending the credit in the transaction; or

(2) IC 37-5-2-6(b).

As added by P.L.52-2009, SEC.2. Amended by P.L.115-2026, SEC.29.

IC 24-5-23.5-3.7 "Land contract"

Sec. 3.7. As used in this chapter, "land contract" means a contract for the sale of real estate in which the seller of the real estate retains legal title to the real estate until the total contract price is paid by the buyer.

As added by P.L.89-2011, SEC.20.

IC 24-5-23.5-4 "Mortgage loan"

Sec. 4. (a) As used in this chapter, "mortgage loan" means a loan in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against an interest in real property in Indiana.

(b) The term includes the following:

(1) A home loan subject to IC 37-5.

(2) A loan described in IC 37-5-1-1, to the extent allowed under federal law.

(3) A first lien mortgage transaction (as defined in IC 37-1-2) subject to IC 37-1.

(4) A consumer credit sale subject to IC 37-2-3 in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against an interest in real property in Indiana.

(5) A consumer loan subject to IC 37-2-4 in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against an interest in real property in Indiana.

(6) A loan in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against land:

(A) that is located in Indiana;

(B) upon which there is a dwelling that is not or will not be used by the borrower primarily for personal, family, or household purposes; and

(C) that is classified as residential for property tax purposes.

The term includes a loan that is secured by land in Indiana upon which there is a dwelling that is purchased by or through the borrower for investment or other business purposes.

(c) The term does not include a land contract.

As added by P.L.52-2009, SEC.2. Amended by P.L.35-2010, SEC.88; P.L.89-2011, SEC.21; P.L.13-2013, SEC.66; P.L.115-2026, SEC.30.

IC 24-5-23.5-5 "Real estate appraiser"

Sec. 5. As used in this chapter, "real estate appraiser" means a person who prepares the appraisal for a real estate transaction in Indiana, regardless of whether the person is licensed or certified, or required to be licensed or certified, under the real estate appraiser licensure and certification program established under IC 25-34.1-3-8.

As added by P.L.52-2009, SEC.2.

IC 24-5-23.5-6 "Real estate transaction"

Sec. 6. As used in this chapter, "real estate transaction" means a transaction that involves one (1) or both of the following:

(1) The sale or lease of any legal or equitable interest in real estate located in Indiana.

(2) The making, refinancing, or consolidation of a mortgage loan.

As added by P.L.52-2009, SEC.2.

IC 24-5-23.5-7 Prohibition against corrupting or improperly influencing a real estate appraiser or an appraisal

Sec. 7. A person shall not corrupt or improperly influence, or attempt to corrupt or improperly influence:

(1) the independent judgment of a real estate appraiser with respect to the value of the real estate that is the subject of a real estate transaction; or

(2) the development, reporting, result, or review of an appraisal prepared in connection with a real estate transaction;

through bribery, coercion, extortion, intimidation, collusion, or any other manner.

As added by P.L.52-2009, SEC.2.

IC 24-5-23.5-8 Creditor's duty to provide notice concerning homeowner protection unit's contact information and borrower's right to inspect settlement statement before closing; unit to prescribe form of notice; promotion of unit's contact information; information sharing; exemption from liability for disclosing suspected violation; report to legislative council of complaints received

Sec. 8. (a) This subsection applies with respect to a completed application for a mortgage loan that is received by a creditor after December 31, 2009. A creditor shall, not later than three (3) business days after receiving a completed written application for a mortgage loan from a borrower or prospective borrower, provide to the borrower or prospective borrower a notice, on a form prescribed by the homeowner protection unit under subsection (b), that includes the following:

(1) Contact information for the homeowner protection unit established by the attorney general under IC 4-6-12, including:

(A) an electronic mail address for the homeowner protection unit; and

(B) the toll free telephone number described in IC 4-6-12-3.5.

(2) A statement that the borrower or prospective borrower may contact the homeowner protection unit to report:

(A) a suspected violation of section 7 of this chapter; or

(B) other information about suspected fraudulent residential real estate transactions, as authorized by IC 4-6-12-3.5(b).

(3) A statement that the borrower in a real estate transaction that involves the making, refinancing, or consolidation of a mortgage loan has the right to inspect the HUD-1 or HUD-1A settlement statement during the business day immediately preceding settlement, as provided by the federal Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.), as amended.

The creditor shall provide the notice required by this subsection by delivering it to the borrower or prospective borrower or placing it in the United States mail to the borrower or prospective borrower within the time prescribed by this subsection.

(b) Not later than September 1, 2009, the home owner protection unit established by the attorney general under IC 4-6-12 shall prescribe the form required under subsection (a) for use by creditors who receive completed written applications for mortgage loans after December 31, 2009.

(c) The homeowner protection unit established by the attorney general under IC 4-6-12, in cooperation with the real estate appraiser licensure and certification board created by IC 25-34.1-8-1, shall publicize and promote awareness of the availability of the:

(1) electronic mail address; and

(2) toll free telephone number;

described in subsection (a)(1) to accept complaints from real estate appraisers, creditors, borrowers, potential borrowers, and other persons concerning suspected violations of section 7 of this chapter.

(d) A creditor may share any information obtained concerning a suspected violation of section 7 of this chapter with the homeowner protection unit established by the attorney general under IC 4-6-12. The homeowner protection unit may, in turn, share any information received from a creditor under this subsection with the following:

(1) Federal, state, and local law enforcement agencies and federal regulatory agencies in accordance with IC 4-6-12-3(a)(4).

(2) Any entity listed in IC 4-6-12-4 that may have jurisdiction over any person who is suspected of violating section 7 of this chapter, including any entity that may have jurisdiction over the creditor or an agent of the creditor if the homeowner protection unit suspects that the creditor or an agent of the creditor has violated section 7 of this chapter. However, the homeowner protection unit and any entity listed in IC 4-6-12-4 that receives information under this subdivision shall treat the information, including information concerning the identity of the complainant, as confidential and shall exercise all necessary caution to avoid disclosure of the information, except as otherwise permitted or required by law.

(e) Any:

(1) real estate appraiser, creditor, borrower, potential borrower, or other person that makes, in good faith, a voluntarily disclosure of a suspected violation of section 7 of this chapter to the homeowner protection unit under this section or otherwise; and

(2) director, officer, manager, employee, or agent of a person described in subdivision (1) who makes, or requires another person to make, a disclosure described in subdivision (1);

is not liable to any person under any law or regulation of the United States, under any constitution, law, or regulation of any state or a political subdivision of any state, or under any contract or other legally enforceable agreement, including an arbitration agreement, for a disclosure described in subdivision (1) or for failing to provide notice of a disclosure described in subdivision (1) to any person who is the subject of the disclosure.

(f) Beginning in 2009, the report provided by the mortgage lending and fraud prevention task force to the legislative council under P.L.145-2008, SECTION 35, must include the following information:

(1) The total number of complaints or reports:

(A) received by the homeowner protection unit during the most recent state fiscal year; and

(B) concerning a suspected violation of section 7 of this chapter.

(2) From the total number of complaints or reports reported under subdivision (1), a breakdown of the sources of the complaints or reports, classified according to the complainants' interest in or relationship to the real estate transactions upon which the complaints or reports are based.

(3) A description of any:

(A) disciplinary or enforcement actions taken; or

(B) criminal prosecutions pursued;

by the homeowner protection unit or any entity listed in IC 4-6-12-4 and having jurisdiction in the matter, as applicable, in connection with the complaints or reports reported under subdivision (1).

The homeowner protection unit shall make available to the mortgage lending and fraud prevention task force any information necessary to provide the information required under this subsection in the task force's report to the legislative council.

As added by P.L.52-2009, SEC.2.

IC 24-5-23.5-9 Violation a Class A misdemeanor and a deceptive act; action for injunctive relief by attorney general; civil penalty; cumulative enforcement procedures

Sec. 9. (a) A person that knowingly or intentionally violates section 7 of this chapter commits:

(1) a Class A misdemeanor; and

(2) an act that is:

(A) actionable by the attorney general under IC 24-5-0.5; and

(B) subject to the penalties listed in IC 24-5-0.5.

(b) The attorney general may maintain an action in the name of the state of Indiana to enjoin a person from violating section 7 of this chapter. A court in which the action is brought may:

(1) issue an injunction;

(2) order the person to make restitution;

(3) order the person to reimburse the state for the attorney general's reasonable costs of investigating and prosecuting the violation; and

(4) impose a civil penalty of not more than ten thousand dollars ($10,000) per violation.

(c) A person that violates an injunction issued under this section is subject to a civil penalty of not more than ten thousand dollars ($10,000) per violation. The court that issues the injunction retains jurisdiction over a proceeding seeking the imposition of a civil penalty under this subsection.

(d) A civil penalty imposed and collected under this section shall be deposited in the investigative fund established by IC 25-34.1-8-7.5.

(e) The enforcement procedures established by this section are cumulative and an enforcement procedure available under this section is supplemental to any other enforcement procedure available under:

(1) this section; or

(2) any other state or federal law, rule, or regulation;

for a violation of section 7 of this chapter.

As added by P.L.52-2009, SEC.2.

Ch. 23.6 Five Star Mortgages

IC 24-5-23.6-1 "Creditor"

Sec. 1. (a) As used in this chapter, "creditor" means:

(1) a person:

(A) that engages in Indiana in the extension of mortgages that are subject to a credit service charge or loan finance charge, as applicable, or are payable by written agreement in more than four (4) installments (not including a down payment); and

(B) to whom the obligation arising from a mortgage is initially payable, either on the face of the note or contract, or by agreement if there is not a note or contract; or

(2) a person who brokers a mortgage, including a person who:

(A) directly or indirectly solicits, processes, places, or negotiates mortgages for others;

(B) offers to solicit, process, place, or negotiate mortgages for others; or

(C) closes mortgages that may be in the person's own name with funds provided by others and that are thereafter assigned to the person providing funding for the mortgages.

(b) The term does not include a person described in IC 37-5-2-6(b).

As added by P.L.115-2010, SEC.20. Amended by P.L.115-2026, SEC.31.

IC 24-5-23.6-2 "Debtor"

Sec. 2. (a) As used in this chapter, "debtor", with respect to a mortgage, refers to the maker of the note secured by the mortgage.

(b) The term includes a prospective debtor with respect to a mortgage for which a closing has not occurred.

As added by P.L.115-2010, SEC.20.

IC 24-5-23.6-3 "Department"

Sec. 3. As used in this chapter, "department" refers to the department of financial institutions established by IC 28-11-1-1.

As added by P.L.115-2010, SEC.20.

IC 24-5-23.6-4 "Dwelling"

Sec. 4. As used in this chapter, "dwelling" means a residential structure that is located in Indiana and that contains one (1) to four (4) units, regardless of whether the structure is permanently attached to real property. The term includes an individual:

(1) condominium unit;

(2) cooperative unit;

(3) mobile home; or

(4) trailer;

that is used as a residence.

As added by P.L.115-2010, SEC.20.

IC 24-5-23.6-5 "Five star mortgage lender"

Sec. 5. As used in this chapter, "five star mortgage lender" means a creditor that:

(1) offers at least one (1) mortgage product that qualifies as a five star mortgage under the program; and

(2) has a current and accurate certification on file with the department, as described in section 9(a)(3) of this chapter.

As added by P.L.115-2010, SEC.20.

IC 24-5-23.6-6 "Indiana customer"

Sec. 6. As used in this chapter, "Indiana customer", with respect to a mortgage offered by a creditor, means an individual who:

(1) is an Indiana resident at the time the mortgage is offered by the creditor; or

(2) would become an Indiana resident after purchasing and occupying the dwelling that is the subject of the mortgage being offered.

As added by P.L.115-2010, SEC.20.

IC 24-5-23.6-7 "Mortgage"

Sec. 7. (a) As used in this chapter, "mortgage" means a sale or loan, or the refinancing or consolidation of a sale or loan, in which a first mortgage deed of (or another equivalent consensual security interest) that constitutes a first lien, is created or retained against land that is located in Indiana and upon which there is a dwelling that is or will be used by the debtor primarily for personal, family, or household purposes.

(b) The term includes any of the following that meets the conditions set forth in subsection (a):

(1) A home loan subject to IC 37-5.

(2) A loan described in IC 37-5-1-1, to the extent allowed under federal law.

(3) A first lien mortgage transaction (as defined in IC 37-1-2) subject to IC 37-1.

(c) The term does not include a land contract (as defined in IC 37-1-2-21).

As added by P.L.115-2010, SEC.20. Amended by P.L.89-2011, SEC.22; P.L.115-2026, SEC.32.

IC 24-5-23.6-8 "Program"

Sec. 8. As used in this chapter, "program" refers to the five star mortgage program established by section 9 of this chapter.

As added by P.L.115-2010, SEC.20.

IC 24-5-23.6-9 Five star mortgage program established; guidelines; requirements; certifications; fees; investigations; enforcement

Sec. 9. (a) The five star mortgage program is established. Not later than June 1, 2010, the department shall adopt guidelines to implement the program. The program established by this section, as implemented through the department's guidelines, must meet the following criteria:

(1) The program must be available on a voluntary basis to creditors that offer mortgages to Indiana customers after June 30, 2010.

(2) To participate in the program, a creditor must submit a certification, on a form prescribed by the department, attesting that the creditor qualifies as a five star mortgage lender.

(3) To qualify as a five star mortgage lender under the program, a creditor must certify, on the form described in subdivision (2), that the creditor meets the following conditions:

(A) The creditor offers or will offer to Indiana customers after June 30, 2010, at least one (1) mortgage product that qualifies as a five star mortgage under the program.

(B) The creditor does not have a record of any significant or recurring violation of:

(i) IC 24-5-23.5-7; or

(ii) any other state or federal law, regulation, or rule applicable to mortgage transactions;

as of the date of the creditor's certification. If the creditor is not certain whether it meets the criterion set forth in this clause, the creditor shall consult with the department before filing a certification to participate in the program.

(C) The creditor does not have a director or an executive officer who has been convicted of a felony involving fraud, deceit, or misrepresentation under the laws of Indiana or any other jurisdiction, as of the date of the creditor's certification. If the creditor is not certain whether it meets the criterion set forth in this clause, the creditor shall consult with the department before filing a certification to participate in the program.

(4) To qualify as a five star mortgage under the program, a mortgage must include the following terms and conditions:

(A) If the mortgage involves a purchase money transaction, the mortgage must require a down payment by the debtor, or a person acting on behalf of the debtor, of at least ten percent (10%) of the purchase price of the dwelling that is the subject of the mortgage. If the mortgage involves the refinancing of an existing mortgage, the customer must have equity of at least ten percent (10%) in the dwelling that is the subject of the mortgage.

(B) The mortgage must have a fixed rate of interest.

(C) The mortgage must provide for an escrow account that:

(i) is established by the creditor, or a person acting on behalf of the creditor, for the benefit of the debtor;

(ii) is maintained by the creditor, or a person acting on behalf of the creditor, during the life of the mortgage; and

(iii) is used during the life of the mortgage to pay taxes and insurance owed with respect to the dwelling that is the subject of the mortgage.

However, this clause does not apply if, in the creditor's ordinary course of business, the creditor does not regularly establish and maintain, or contract for the establishment and maintenance of, escrow accounts for the payment of taxes and insurance, on behalf of the creditor's customers.

(D) The term of the mortgage may not exceed thirty (30) years.

(E) The mortgage may not include a prepayment penalty or fee.

(5) A creditor that qualifies as a five star mortgage lender and files a certification with the department under subdivision (3) shall provide a written statement, on a form and in the manner prescribed by the department, to any Indiana customer who:

(A) applies for a five star mortgage offered by the creditor; and

(B) does not qualify for the five star mortgage based on the creditor's underwriting standards for the five star mortgage.

The statement must set forth the reasons why the Indiana customer did not qualify for the five star mortgage.

(6) A creditor that qualifies as a five star mortgage lender and files a certification with the department may include that fact in any marketing material or solicitation directed at Indiana customers, subject to any conditions or limitations imposed by the department in the guidelines adopted under this section.

(7) If a creditor:

(A) holds itself out as a five star mortgage lender and:

(i) the creditor has not filed an accurate certification, including any renewal certification required by the department under subsection (b)(3), with the department under this chapter; or

(ii) the creditor has filed a certification or a renewal certification with the department under this chapter and subsequently ceases offering at least one (1) mortgage product that qualifies as a five star mortgage; or

(B) fails to comply with any program requirement;

the department, upon discovering the act described in clause (A) or (B), shall immediately provide written notice to the creditor that the creditor does not qualify for participation in the program, or no longer qualifies for participation in the program, as appropriate. The notice provided under this subdivision must inform the creditor of the reason or reasons the creditor does not qualify for participation in the program, or no longer qualifies for participation in the program, as appropriate. Not later than seven (7) days after the date of the notice provided to the creditor under this subdivision, the department shall remove the creditor from the list of creditors published on the department's website under subsection (c), as appropriate, and shall post, on the same web page on which the list described in subsection (c) is published, a link to the notice provided to the creditor under this subdivision.

(b) In addition to the program criteria required by subsection (a), the guidelines adopted by the department under this section may include the following:

(1) Provisions allowing a creditor that qualifies as a five star mortgage lender and files a certification with the department to include in the paperwork associated with a five star mortgage:

(A) a statement;

(B) a seal; or

(C) any other designation considered appropriate by the department;

indicating that the particular mortgage product is a five star mortgage.

(2) A requirement that a creditor that qualifies as a five star mortgage lender and files a certification with the department shall report the following information to the department on an annual basis, or any other basis determined appropriate by the department:

(A) The total number and types of residential mortgage products that were offered by the creditor to Indiana customers during the applicable reporting period, including any five star mortgages reported under clause (C).

(B) The total number of residential mortgages described in clause (A) that were closed by the creditor during the applicable reporting period, including any five star mortgages that were closed during the reporting period, as reported under clause (D).

(C) The number of mortgage products that:

(i) qualified as five star mortgages under the program; and

(ii) were offered by the creditor to Indiana customers;

during the applicable reporting period.

(D) The number of five star mortgages offered to Indiana customers that were closed by the creditor during the applicable reporting period.

(3) A requirement that a creditor that qualifies as a five star mortgage lender and files a certification with the department shall periodically submit to the department a renewal certification, on a form prescribed by the department, in conjunction with a report filed under subdivision (2), or at such other time as the department determines appropriate. In any renewal certification required under this subdivision, a creditor must attest that the creditor:

(A) continued to meet the criteria necessary to qualify as a five star mortgage lender; and

(B) complied with all program requirements;

during the applicable reporting period.

(4) A fee fixed by the department under IC 28-11-3-5 for each certification and recertification submitted by a creditor under this chapter. However, any fee fixed by the department under this subdivision may not exceed the department's actual costs to:

(A) process certifications and renewal certifications;

(B) publish the list described in subsection (c) on the department's website; and

(C) otherwise administer the program.

(5) Any other program requirements, criteria, or incentives that the department determines necessary to implement and evaluate a program to encourage creditors to offer stable mortgage products to qualified Indiana customers.

(c) The department shall publish on the department's website a list of all creditors that have a current and accurate:

(1) certification under this chapter; or

(2) renewal certification under this chapter;

on file with the department. The Indiana housing and community development authority and the securities division of the office of the secretary of state shall provide a link to the list described in this subsection on their respective websites.

(d) The program guidelines established by the department under subsections (a) and (b) must be made available:

(1) for public inspection and copying at the offices of the department under IC 5-14-3; and

(2) on the department's website.

(e) The department shall investigate any credible complaint received by any means alleging that a creditor has committed a violation described in subsection (a)(7). If the creditor that is the subject of a complaint under this subsection is not subject to regulation by the department, the department shall forward the complaint to the appropriate state or federal regulatory agency.

(f) Notwithstanding subsection (a), the department may adopt a different name for the program, other than the five star mortgage program, in adopting the guidelines to implement the program.

As added by P.L.115-2010, SEC.20. Amended by P.L.137-2014, SEC.18; P.L.23-2026, SEC.251.

Ch. 24 Security Freezes for Consumer Reports

IC 24-5-24-1 "Consumer"

Sec. 1. As used in this chapter, "consumer" means an individual:

(1) whose principal residence is in Indiana; and

(2) whose credit information and history is recorded in a consumer report.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-2 "Consumer report"

Sec. 2. (a) As used in this chapter, "consumer report" means any written, oral, or other communication of any information that:

(1) is made by a consumer reporting agency;

(2) bears on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living; and

(3) is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing a consumer's eligibility for credit to be used primarily for personal, family, or household purposes.

(b) The term includes a consumer's credit score.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-3 "Consumer reporting agency"

Sec. 3. (a) As used in this chapter, "consumer reporting agency" means any person that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a consumer report to another person.

(b) The term does not include an entity designated as a commercially reasonable private consumer credit reporting entity under IC 37-3-3-8(e).

As added by P.L.104-2007, SEC.1. Amended by P.L.115-2026, SEC.33.

IC 24-5-24-4 "Security freeze"

Sec. 4. As used in this chapter, "security freeze" means a designation placed on a consumer's consumer report:

(1) by a consumer reporting agency; and

(2) at the request of the consumer;

that prohibits the consumer reporting agency from releasing the consumer report without the authorization of the consumer.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-5 Requesting and placing a security freeze; requirements; exception; electronic mail connection

Sec. 5. (a) A consumer may place a security freeze on the consumer's consumer report by:

(1) sending a written request by United States mail to an address designated by the consumer reporting agency; or

(2) subject to subsection (d), making a request to a consumer reporting agency through a secure electronic mail connection provided by the consumer reporting agency.

(b) Except as provided in subsection (c) and section 11 of this chapter, a consumer reporting agency that receives a request under subsection (a) shall place a security freeze on the consumer's consumer report not later than five (5) business days after receipt of the request.

(c) A consumer reporting agency is not required to place a security freeze on a consumer report under this section if the consumer reporting agency determines that the request for a security freeze:

(1) is materially false; or

(2) does not clearly identify the person making the request as the consumer.

(d) Not later than January 1, 2009, a consumer reporting agency shall develop and make available to consumers a secure electronic mail connection by which a consumer can request:

(1) the placement of a security freeze on the consumer's consumer report under this section; or

(2) the same or a new personal identification number or password under section 6(b) of this chapter.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-6 Written confirmation of security freeze; unique personal identification number or password; instructions; time requirements

Sec. 6. (a) Not later than ten (10) business days after receiving a request for a security freeze under section 5 of this chapter, a consumer reporting agency shall issue to the consumer a written confirmation that a security freeze has been placed on the consumer's consumer report. The confirmation required by this section must include the following:

(1) A unique:

(A) personal identification number; or

(B) password;

other than the consumer's Social Security number, or any multiple digit segment of the consumer's Social Security number, to be used by the consumer to perform any of the acts described in subdivision (2).

(2) Written instructions explaining how the consumer may:

(A) release the consumer's consumer report to one (1) or more specified third parties;

(B) temporarily lift the security freeze for a specified period; or

(C) remove the security freeze.

(3) Written instructions explaining how the consumer may request, using one (1) of the methods described in section 5(a) of this chapter, that the consumer reporting agency issue the same or a new personal identification number or password to the consumer if the consumer fails to retain the original personal identification number or password issued by the consumer reporting agency under subdivision (1).

(b) Upon receiving a request described in subsection (a)(3), the consumer reporting agency shall issue the same or a new personal identification number or password to the requesting consumer if the consumer has provided information sufficient to identify the consumer, as specified by the consumer reporting agency in the instructions provided to the consumer under subsection (a)(3). If the consumer's request is made using the method described in section 5(a)(1) of this chapter, the consumer reporting agency shall send, by United States mail, the personal identification number or password to the consumer not later than five (5) business days after receiving the consumer's request. If the consumer's request is made using the method described in section 5(a)(2) of this chapter, the consumer reporting agency shall issue the personal identification number or password not later than:

(1) subject to the exceptions set forth in sections 7(e)(2) and 9(c)(2) of this chapter, as applicable, fifteen (15) minutes after receiving the request, if the consumer reporting agency elects to issue the personal identification number or password by a secure electronic mail connection provided by the consumer reporting agency under section 5(d) of this chapter; or

(2) five (5) business days after receiving the request, if the consumer reporting agency elects to issue the personal identification number or password by United States mail.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-7 Releasing the consumer report upon authorization; developing secure procedures; time requirements; exceptions

Sec. 7. (a) Except as provided in section 10 of this chapter, if a security freeze has been placed on a consumer's consumer report, the consumer reporting agency that placed the security freeze on the consumer report shall not release the consumer's consumer report unless the consumer authorizes the consumer reporting agency to:

(1) release the consumer's consumer report to one (1) or more specified third parties; or

(2) temporarily lift the security freeze for a specified period.

(b) A consumer who seeks to authorize the release of the consumer's consumer report under subsection (a)(1) or (a)(2) shall request the release by contacting the consumer reporting agency by any method:

(1) described in section 5(a) of this chapter; or

(2) developed by the consumer reporting agency under subsection (d).

(c) A request by a consumer under subsection (b) must include the following:

(1) Information sufficient to identify the consumer, as specified by the consumer reporting agency in the instructions provided to the consumer under section 6(a)(2) of this chapter.

(2) The unique personal identification number or password assigned to the consumer under section 6(a)(1) or 6(a)(3) of this chapter.

(3) If the consumer seeks to authorize the release of the consumer's consumer report under subsection (a)(1), information sufficient to identify the parties to whom the consumer report is to be released, as specified by the consumer reporting agency in the instructions provided to the consumer under section 6(a)(2) of this chapter.

(4) If the consumer seeks to authorize the consumer reporting agency to temporarily lift a security freeze under subsection (a)(2), the period during which the security freeze is to be temporarily lifted.

(d) Not later than January 1, 2009, a consumer reporting agency shall develop and make available to consumers secure procedures to authorize the release of a consumer's consumer report under subsection (a)(1), or to authorize the temporary lifting of a security freeze under subsection (a)(2), within fifteen (15) minutes of receiving a request under subsection (b), by any of the following methods:

(1) Telephone.

(2) The Internet.

(3) Other electronic media, if provided by the consumer reporting agency.

The procedures developed by a consumer reporting agency under this subsection must require the consumer to provide the information set forth in subsection (c).

(e) A consumer reporting agency that receives a request from a consumer under this section shall comply with the request within the following time frames:

(1) Not later than three (3) business days after receiving the request, if the consumer makes the request by the method described in section 5(a)(1) of this chapter.

(2) Not later than fifteen (15) minutes after receiving the request, if the consumer makes the request using the method described in section 5(a)(2) of this chapter or by any method developed by the consumer reporting agency under subsection (d). However, a consumer reporting agency is not required to comply with a consumer's request within the fifteen (15) minute time frame set forth in this subdivision if:

(A) the consumer does not provide one (1) or more of the items listed in subsection (c); or

(B) the consumer reporting agency's ability to comply with the request within the fifteen (15) minute time frame set forth in this subdivision is prevented by any of the following:

(i) An act of God, including fire, an earthquake, a hurricane, a storm, or a similar natural disaster or phenomenon.

(ii) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrences.

(iii) An operational interruption, including an electrical failure, an unanticipated delay in the delivery of equipment or replacement parts, computer hardware or software failures inhibiting response time, or similar disruptions.

(iv) A governmental action, including an emergency order or regulation, a judicial action, a law enforcement action, or a similar directive.

(v) Regularly scheduled maintenance of, or updates to, the consumer reporting agency's computer systems, if the maintenance activities or updates occur other than during normal business hours.

(vi) Commercially reasonable maintenance of, or repairs to, the consumer reporting agency's computer systems, if the maintenance activities or repairs are unexpected or are necessitated by unanticipated conditions or malfunctions.

(vii) For a request made by telephone, receipt of a request under this section other than during the consumer reporting agency's normal business hours, including any extended business hours observed by the consumer reporting agency. The exemption provided by this item does not apply to a request made by a consumer through the Internet or other electronic media. A consumer reporting agency must comply with a request made by a consumer through the Internet or other electronic media within the fifteen (15) minute time frame set forth in this subdivision, even if the request is made at a time other than during the consumer reporting agency's normal or extended business hours.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-8 Application treated as incomplete by third party; notification of security freeze

Sec. 8. (a) A third party that requests a consumer's consumer report in connection with an application by the consumer for credit shall treat the application for credit as incomplete if:

(1) a security freeze has been placed on the consumer's consumer report;

(2) the consumer has not authorized the release of the consumer's consumer report under section 7 of this chapter; and

(3) the consumer reporting agency refuses to release the consumer report to the third party based on subdivisions (1) and (2).

(b) A consumer reporting agency that refuses under subsection (a)(3) to release a consumer report shall notify the third party requesting the consumer report of the existence of a security freeze as the basis for the refusal to release the consumer report to the third party.

(c) A consumer reporting agency shall not:

(1) state; or

(2) otherwise imply;

to a third party that the consumer's security freeze under this chapter reflects a negative credit score, history, report, or rating.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-9 Security freeze remains in effect; requesting removal; requirements; time requirements; exceptions

Sec. 9. (a) A security freeze remains in effect until the consumer who requested the security freeze requests that the security freeze be removed. A consumer who seeks to authorize a consumer reporting agency to remove a security freeze shall request the removal by contacting the consumer reporting agency by any method:

(1) described in section 5(a) of this chapter; or

(2) developed by a consumer reporting agency under section 7(d) of this chapter for receiving a consumer's request to authorize the release of a consumer report or the temporary lifting of a security freeze.

(b) A request by a consumer under subsection (a) must include the following:

(1) Information sufficient to identify the consumer, as specified by the consumer reporting agency in the instructions provided to the consumer under section 6(a)(2) of this chapter.

(2) The unique personal identification number or password assigned to the consumer under section 6(a)(1) or 6(a)(3) of this chapter.

(c) Subject to subsection (d), a consumer reporting agency must remove a security freeze within the following time frames:

(1) Not later than three (3) business days after receiving a request under subsection (a), if the consumer makes the request by the method described in section 5(a)(1) of this chapter.

(2) Not later than fifteen (15) minutes after receiving a request under subsection (a), if the consumer makes the request using the method described in section 5(a)(2) of this chapter or by any method developed by the consumer reporting agency under section 7(d) of this chapter. However, a consumer reporting agency is not required to comply with a consumer's request within the fifteen (15) minute time frame set forth in this subdivision if:

(A) the consumer does not provide one (1) or more of the items listed in subsection (b); or

(B) the consumer reporting agency's ability to comply with the request within the fifteen (15) minute time frame set forth in this subdivision is prevented by any of the following:

(i) An act of God, including fire, an earthquake, a hurricane, a storm, or a similar natural disaster or phenomenon.

(ii) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrences.

(iii) An operational interruption, including an electrical failure, an unanticipated delay in the delivery of equipment or replacement parts, computer hardware or software failures inhibiting response time, or similar disruptions.

(iv) A governmental action, including an emergency order or regulation, a judicial action, a law enforcement action, or a similar directive.

(v) Regularly scheduled maintenance of, or updates to, the consumer reporting agency's computer systems, if the maintenance activities or updates occur other than during normal business hours.

(vi) Commercially reasonable maintenance of, or repairs to, the consumer reporting agency's computer systems, if the maintenance activities or repairs are unexpected or are necessitated by unanticipated conditions or malfunctions.

(vii) For a request made by telephone, receipt of a request under this section other than during the consumer reporting agency's normal business hours, including any extended business hours observed by the consumer reporting agency. The exemption provided by this item does not apply to a request made by a consumer through the Internet or other electronic media. A consumer reporting agency must comply with a request made by a consumer through the Internet or other electronic media within the fifteen (15) minute time frame set forth in this subdivision, even if the request is made at a time other than during the consumer reporting agency's normal or extended business hours.

(d) A consumer reporting agency is not required to remove a security freeze under this section if the consumer reporting agency determines that the request to remove the security freeze:

(1) is materially false; or

(2) does not clearly identify the person making the request as the consumer.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-10 Persons excluded from security freeze restrictions

Sec. 10. The placement of a security freeze on a consumer's consumer report does not prohibit a consumer reporting agency from providing the consumer's consumer report to the following persons without the authorization of the consumer:

(1) A person, including a subsidiary, an affiliate, an agent, an assignee of a financial obligation owed by the consumer to the person, or a prospective assignee of a financial obligation owed by the consumer to the person in connection with the proposed purchase of the financial obligation, to whom the consumer owes a financial obligation in connection with any of the following:

(A) An account, including a demand deposit account, that the consumer has with the person, for the purpose of:

(i) reviewing the account, including activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements; or

(ii) collecting the obligation owed in connection with the account.

(B) A contract, for the purpose of collecting the obligation owed in connection with the contract.

(C) A negotiable instrument that the consumer has issued to the person, for the purpose of collecting the obligation owed in connection with the negotiable instrument.

(2) A person, including a subsidiary, an affiliate, an agent, or an assignee of a financial obligation owed by the consumer to the person, to whom the consumer has authorized the release of the consumer's consumer report under section 7(a)(1) of this chapter, for the purpose of facilitating the extension of credit or for any permissible purpose under subdivision (1).

(3) A law enforcement agency.

(4) Any person for the purpose of prescreening, as provided in the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

(5) Any person administering a credit monitoring subscription service to which the consumer has subscribed.

(6) The consumer, upon the consumer's request, or any other person for the purpose of providing the consumer with a copy of the consumer's consumer report, upon the consumer's request.

(7) Any of the following that provides services to a consumer:

(A) An insurer licensed under IC 27.

(B) An insurance producer licensed under IC 27.

(C) An agent, a vendor, or an employee of:

(i) an insurer licensed under IC 27; or

(ii) an insurance producer licensed under IC 27;

while acting on behalf of the insurer or the insurance producer.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-11 "Energy utility"; "specialized credit reporting tool"; persons excluded from security freeze requirements

Sec. 11. (a) As used in this section, "energy utility" has the meaning set forth in IC 8-1-2.5-2.

(b) As used in this section, "specialized credit reporting tool" means a scoring model that:

(1) is available only to an energy utility; and

(2) is used by the energy utility to validate a consumer's identity and creditworthiness.

(c) The following persons are not required to place a security freeze on a consumer's consumer report:

(1) A consumer reporting agency that acts only as a reseller (as defined in 15 U.S.C. 1681a(u)) of information. However, a consumer reporting agency must honor any security freeze placed on a consumer's consumer report by another consumer reporting agency.

(2) A:

(A) check services; or

(B) fraud prevention services;

company that reports on incidents of fraud or issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payment.

(3) A deposit account information service company that issues reports concerning account closures due to:

(A) fraud;

(B) substantial overdrafts;

(C) ATM abuse; or

(D) similar negative information concerning a consumer;

to inquiring financial institutions for use only in reviewing a consumer's request for a deposit account at the inquiring financial institution.

(4) A consumer reporting agency that furnishes specialized credit reporting tools to an energy utility.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-12 Written confirmation of change to official information; exception for technical modification

Sec. 12. (a) Except as provided in subsection (b), if a security freeze is in place with respect to a consumer's consumer report, a consumer reporting agency may not change any of the following official information on the consumer's consumer report without sending written confirmation of the change to the consumer not later than thirty (30) days after the change is posted to the consumer's consumer report:

(1) Name.

(2) Date of birth.

(3) Social Security number.

(4) Address.

In the case of an address change, the written confirmation required under this section shall be sent to both the new address and the old address.

(b) Written confirmation is not required under this section for technical modifications of a consumer's official information, including changes involving:

(1) the use of name or street:

(A) abbreviations; or

(B) complete spellings; or

(2) transpositions of numbers or letters in a consumer's name or address.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-13 Notice with written disclosure; content

Sec. 13. A consumer reporting agency shall provide to a consumer notice with each written disclosure by the consumer reporting agency as required under Section 609 of the federal Fair Credit Reporting Act (15 U.S.C. 1681g) that the consumer may place a security freeze on the consumer's consumer report. The notice under this section must be in the following form:

"UNDER IC 24-5-24, YOU MAY OBTAIN A SECURITY FREEZE ON YOUR CONSUMER REPORT TO PROTECT YOUR PRIVACY AND ENSURE THAT CREDIT IS NOT GRANTED IN YOUR NAME WITHOUT YOUR KNOWLEDGE. THE SECURITY FREEZE WILL PROHIBIT A CONSUMER REPORTING AGENCY FROM RELEASING ANY INFORMATION IN YOUR CONSUMER REPORT WITHOUT YOUR EXPRESS AUTHORIZATION OR APPROVAL. THE SECURITY FREEZE IS DESIGNED TO PREVENT CREDIT LOANS AND SERVICES FROM BEING APPROVED IN YOUR NAME WITHOUT YOUR CONSENT. WHEN YOU PLACE A SECURITY FREEZE ON YOUR CONSUMER REPORT, WITHIN TEN (10) BUSINESS DAYS YOU WILL BE PROVIDED A PERSONAL IDENTIFICATION NUMBER TO USE IF YOU CHOOSE TO REMOVE THE SECURITY FREEZE OR TO TEMPORARILY AUTHORIZE THE RELEASE OF YOUR CONSUMER REPORT FOR A PERIOD OF TIME OR TO A SPECIFIC PERSON AFTER THE SECURITY FREEZE IS IN PLACE. A SECURITY FREEZE DOES NOT APPLY TO PERSONS OR ENTITIES LISTED IN IC 24-5-24-11. IF YOU ARE ACTIVELY SEEKING CREDIT, YOU SHOULD UNDERSTAND THAT THE PROCEDURES INVOLVED IN LIFTING A SECURITY FREEZE MAY SLOW YOUR OWN APPLICATIONS FOR CREDIT. YOU HAVE A RIGHT TO BRING A CIVIL ACTION AGAINST SOMEONE WHO VIOLATES YOUR RIGHTS UNDER IC 24-5-24.".

As added by P.L.104-2007, SEC.1.

IC 24-5-24-14 Fee prohibited

Sec. 14. A consumer reporting agency may not impose a charge on a consumer for a request from the consumer to do any of the following:

(1) Place a security freeze on a consumer's consumer report under section 5 of this chapter.

(2) Issue the same or a new personal identification number or password to a consumer under section 6 of this chapter.

(3) Release a consumer's consumer report to a third party upon request of the consumer under section 7(a)(1) of this chapter. In addition a consumer reporting agency may not impose a charge on the third party to whom the consumer's consumer report is released under section 7(a)(1) of this chapter in connection with the release.

(4) Temporarily lift a security freeze under section 7(a)(2) of this chapter.

(5) Remove a security freeze under section 9 of this chapter.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-15 Civil action; liability

Sec. 15. (a) A consumer who suffers injury by an act of a consumer reporting agency that violates this chapter may bring a civil action against the consumer reporting agency in a circuit or superior court in the county in which the consumer resides.

(b) A person who knowingly or intentionally fails to comply with any requirement imposed under this chapter with respect to a consumer is liable to that consumer in an amount equal to the sum of the following:

(1) The greater of:

(A) the amount of actual damages sustained by the consumer as a result of the failure to comply; or

(B) five hundred dollars ($500).

However, the amount awarded to a consumer under this subdivision may not exceed six thousand dollars ($6,000), regardless of the consumer's actual damages.

(2) Such punitive damages as the court may allow.

(3) In the case of a successful action by a consumer under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-16 Civil penalty

Sec. 16. (a) The attorney general may bring an action to recover from a person on behalf of the state a civil penalty described in subsection (b).

(b) A person who knowingly or intentionally violates this chapter is subject to a civil penalty of:

(1) not more than two thousand five hundred dollars ($2,500) for a violation or series of violations concerning one (1) consumer; or

(2) not more than a total of one hundred thousand dollars ($100,000) for related violations concerning more than one (1) consumer.

As added by P.L.104-2007, SEC.1.

IC 24-5-24-17 Severability

Sec. 17. The provisions of this chapter are severable as provided in IC 1-1-1-8(b).

As added by P.L.104-2007, SEC.1.

Ch. 24.5 Security Freezes for Protected Consumers

IC 24-5-24.5-1 "Consumer"

Sec. 1. As used in this chapter, "consumer" means an individual whose principal residence is in Indiana.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-2 "Consumer report"

Sec. 2. As used in this chapter, "consumer report" has the meaning set forth in IC 24-5-24-2.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-3 "Consumer reporting agency"

Sec. 3. As used in this chapter, "consumer reporting agency" has the meaning set forth in IC 24-5-24-3.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-4 "Protected consumer"

Sec. 4. As used in this chapter, "protected consumer" means an individual who is:

(1) less than sixteen (16) years of age; or

(2) an incapacitated person (as defined in IC 29-3-1-7.5) for whom a court has appointed a guardian.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-5 "Record"

Sec. 5. As used in this chapter, "record" means a compilation of information that:

(1) identifies a protected consumer;

(2) is created by a consumer reporting agency solely for the purpose of complying with this chapter; and

(3) is not created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-6 "Representative"

Sec. 6. As used in this chapter, "representative" means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-7 "Security freeze"

Sec. 7. As used in this chapter, "security freeze" means:

(1) if a consumer reporting agency does not have a consumer report pertaining to a protected consumer, a restriction that:

(A) is placed on the protected consumer's record in accordance with this chapter; and

(B) prohibits the consumer reporting agency from releasing the protected consumer's record except as provided under this chapter; or

(2) if a consumer reporting agency has a consumer report for the protected consumer, a restriction that:

(A) is placed on the protected consumer's consumer report in accordance with this chapter; and

(B) prohibits the consumer reporting agency from releasing the protected consumer's consumer report or any information derived from the protected consumer's consumer report except as provided in this chapter.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-8 "Sufficient proof of authority"

Sec. 8. As used in this chapter, "sufficient proof of authority" means documentation that shows a representative has authority to act on behalf of a protected consumer and includes:

(1) an order issued by a court of law;

(2) a lawfully executed and valid power of attorney; or

(3) a written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-9 "Sufficient proof of identification"

Sec. 9. As used in this chapter, "sufficient proof of identification" means information or documentation that identifies a protected consumer or a representative of a protective consumer and includes:

(1) a Social Security number or a copy of a Social Security card issued by the Social Security Administration;

(2) a certified or official copy of a birth certificate issued by an entity authorized to issue the birth certificate; or

(3) a copy of a valid state issued driver's license, a valid state issued identification card, or any valid government issued identification.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-10 Exceptions to application

Sec. 10. This chapter does not apply to the use of a protected consumer's consumer report or record by:

(1) a person administering a credit file monitoring subscription service to which:

(A) the protected consumer has subscribed; or

(B) the representative of the protected consumer has subscribed on behalf of the protected consumer;

(2) a person providing the protected consumer or the protected consumer's representative with a copy of the protected consumer's consumer report on request of the protected consumer or the protected consumer's representative;

(3) a check services or fraud prevention services company that issues:

(A) reports on incidents of fraud; or

(B) authorizations for the purpose of approving, or processing negotiable instruments, electronic funds transfers, or similar payment methods;

(4) a deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution;

(5) an insurance company for the purpose of conducting its ordinary business;

(6) a consumer reporting agency that:

(A) acts only to resell credit information by assembling and merging information contained in a data base of another consumer reporting agency or multiple consumer reporting agencies; and

(B) does not maintain a permanent data base of credit information from which new credit reports are produced; or

(7) a consumer reporting agency's database or file that consists of the following information concerning, and used for, one (1) or more of the following, but not for credit granting purposes:

(A) Criminal record information.

(B) Fraud protection or detection.

(C) Personal loss history information.

(D) Employment, tenant, or individual background screening.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-11 Requirement to place security freeze; conditions; creating record

Sec. 11. (a) A consumer reporting agency shall place a security freeze on a protected consumer's consumer report if:

(1) the consumer reporting agency receives a request from the protected consumer's representative for the placement of the security freeze under this section; and

(2) the protected consumer's representative:

(A) submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency;

(B) provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative; and

(C) provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer; and

(3) the protected consumer's representative pays to the consumer reporting agency a fee as provided in section 17 of this chapter.

(b) If a consumer reporting agency does not have a consumer report pertaining to a protected consumer when the consumer reporting agency receives a request under subsection (a), the consumer reporting agency shall create a record for the protected consumer.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-12 Placing security freeze

Sec. 12. Not later than thirty (30) days after receiving a request that meets the requirements of section 11(a) of this chapter, a consumer reporting agency shall place a security freeze for the protected consumer.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-13 Prohibited from releasing consumer report or record

Sec. 13. Unless a security freeze for a protected consumer is removed in accordance with section 16 of this chapter, a consumer reporting agency may not release:

(1) the protected consumer's consumer report;

(2) any information derived from the protected consumer's consumer report; or

(3) any record created for the protected consumer under section 11(b) of this chapter.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-14 Security freeze in effect until removed

Sec. 14. A security freeze for a protected consumer must remain in effect until:

(1) the protected consumer or the protected consumer's representative requests that the consumer reporting agency remove the security freeze under section 15 of this chapter; or

(2) the security freeze is removed in accordance with section 16 of this chapter.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-15 Requirements to remove security freeze

Sec. 15. If a protected consumer or a protected consumer's representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer's representative shall:

(1) submit a request for the removal of the security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency;

(2) provide to the consumer reporting agency:

(A) in the case of a request by a protected consumer:

(i) proof that the sufficient proof of authority for the protected consumer's representative to act on behalf of the protected consumer is no longer valid; and

(ii) sufficient proof of identification of the protected consumer; or

(B) in the case of a request by the representative of a protected consumer:

(i) sufficient proof of identification of the protected consumer and the representative; and

(ii) sufficient proof of authority to act on behalf of the protected consumer; and

(3) pay to the consumer reporting agency a fee as provided in section 17 of this chapter.

As added by P.L.65-2014, SEC.9. Amended by P.L.5-2015, SEC.54.

IC 24-5-24.5-16 Removing security freeze

Sec. 16. Not later than thirty (30) days after receiving a request that meets the requirements of section 15 of this chapter, the consumer reporting agency shall remove the security freeze for the protected consumer.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-17 Fees

Sec. 17. (a) Except as provided in subsection (b), a consumer reporting agency may not impose a fee for any service described in this chapter.

(b) A consumer reporting agency may charge a reasonable fee, not exceeding five dollars ($5), for each placement or removal of a security freeze under this chapter.

(c) A consumer reporting agency may not charge a fee under this chapter if:

(1) the protected consumer's representative:

(A) has obtained a police report or affidavit of alleged identity fraud against the protected consumer; and

(B) provides a copy of the report or affidavit to the consumer reporting agency; or

(2) a request for the placement or removal of a security freeze is for a protected consumer who is less than sixteen (16) years of age at the time of the request and the consumer reporting agency has a consumer report concerning the protected consumer.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-18 Material misrepresentation of fact; removing security freeze or deleting record

Sec. 18. A consumer reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative.

As added by P.L.65-2014, SEC.9.

IC 24-5-24.5-19 Severability

Sec. 19. The provisions of this chapter are severable as provided in IC 1-1-1-8(b).

As added by P.L.65-2014, SEC.9.

Ch. 25 Truth in Music Advertising

IC 24-5-25-1 "Performing group"

Sec. 1. As used in this chapter, "performing group" means a vocal or an instrumental group seeking to use the name of another group that has previously released a commercial sound recording under the name of the other group.

As added by P.L.56-2008, SEC.1.

IC 24-5-25-2 "Recording group"

Sec. 2. As used in this chapter, "recording group" means a vocal or an instrumental group, at least one (1) of whose members has released a commercial sound recording under the group's name, and in which the member or members:

(1) have a legal right by virtue of use or operation under the group's name;

(2) have not abandoned the name; and

(3) have not abandoned affiliation with the group.

As added by P.L.56-2008, SEC.1.

IC 24-5-25-3 "Sound recording"

Sec. 3. As used in this chapter, "sound recording" means a work that results from the placement on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a compact disc, cassette, tape, or phonograph record, in which the sounds are placed.

As added by P.L.56-2008, SEC.1.

IC 24-5-25-4 Prohibited conduct; exceptions

Sec. 4. (a) Except as provided in subsection (b), a person, other than a media source that carries advertising or a press release for the performance or production, may not advertise or conduct a live musical performance or production in Indiana through actions that falsely, deceptively, or misleadingly imply the existence of an affiliation, a connection, or an association between a performing group and a recording group.

(b) This section does not apply if:

(1) the performing group is the authorized registrant and owner of a federal service mark for the recording group with the same name registered in the United States Patent and Trademark Office;

(2) at least one (1) member of the performing group was a member of the recording group and:

(A) has a legal right by virtue of use or operation under the group name;

(B) has not abandoned the name; and

(C) has not abandoned affiliation with the group;

(3) the live musical performance or production is identified in all advertising and promotion as a salute or tribute;

(4) the advertising does not relate to a live musical performance or production taking place in Indiana; or

(5) the performance or production is expressly authorized by the recording group.

As added by P.L.56-2008, SEC.1.

IC 24-5-25-5 Action to enjoin

Sec. 5. The attorney general or any aggrieved person may bring an action to enjoin a person from violating section 4 of this chapter. If an injunction is issued, the court may order the defendant to restore to any person in interest any money or property that was acquired by means of a violation of this chapter.

As added by P.L.56-2008, SEC.1.

IC 24-5-25-6 Penalties

Sec. 6. A person who violates section 4 of this chapter commits a Class A infraction. Each performance or production in violation of section 4 of this chapter constitutes a separate violation.

As added by P.L.56-2008, SEC.1.

Ch. 26 Identity Theft

IC 24-5-26-1 "Identity theft"

Sec. 1. As used in this chapter, "identity theft" means:

(1) identity deception (IC 35-43-5-3.5); or

(2) synthetic identity deception (IC 35-43-5-3.8) (before its repeal).

As added by P.L.137-2009, SEC.8. Amended by P.L.142-2020, SEC.24; P.L.174-2021, SEC.22.

IC 24-5-26-2 Duties concerning a victim of identity theft

Sec. 2. A person shall not do any of the following in the conduct of trade or commerce:

(1) Deny credit or public utility service to or reduce the credit limit of a consumer solely because the consumer was a victim of identity theft, if the person had prior knowledge that the consumer was a victim of identity deception or synthetic identity deception (before its repeal). A consumer is presumed to be a victim of identity theft for purposes of this subdivision if the consumer provides to the person:

(A) a copy of a police report evidencing the claim of the victim of identity theft; and

(B) either:

(i) a properly completed copy of a standardized affidavit of identity theft developed and made available by the Federal Trade Commission under 15 U.S.C. 1681g; or

(ii) an affidavit of fact that is acceptable to the person for that purpose.

This subdivision does not prohibit denial of credit or public utility service if a consumer has placed a security freeze on the consumer's consumer report and does not wish to temporarily lift the freeze for purposes of the credit or public utility service request or application.

(2) Solicit to extend credit to a consumer who does not have an existing line of credit, or has not had or applied for a line of credit within the preceding year, through the use of an unsolicited check that includes personal identifying information other than the recipient's name, address, and a partial, encoded, or truncated personal identifying number. In addition to any other penalty or remedy under this chapter or under IC 24-5-0.5, a credit card issuer, financial institution, or other lender that violates this subdivision, and not the consumer, is liable for the amount of the instrument if the instrument is used by an unauthorized user and for any fees assessed to the consumer if the instrument is dishonored.

(3) Solicit to extend credit to a consumer who does not have a current credit card, or has not had or applied for a credit card within the preceding year, through the use of an unsolicited credit card sent to the consumer. In addition to any other penalty or remedy under this chapter or under IC 24-5-0.5, a credit card issuer, financial institution, or other lender that violates this subdivision, and not the consumer, is liable for any charges if the credit card is used by an unauthorized user and for any interest or finance charges assessed to the consumer.

(4) Extend credit to a consumer without exercising reasonable procedures to verify the identity of that consumer. Compliance with regulations issued for depository institutions, and to be issued for other financial institutions, by the United States Department of Treasury under Section 326 of the USA PATRIOT Act, 31 U.S.C. 5318, is considered compliance with this subdivision. This subdivision does not apply to a purchase of a credit obligation in an acquisition, a merger, a purchase of assets, or an assumption of liabilities or any change to or review of an existing credit account.

As added by P.L.137-2009, SEC.8. Amended by P.L.174-2021, SEC.23.

IC 24-5-26-3 Violation; remedies

Sec. 3. A person who knowingly or intentionally violates this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and is subject to the penalties and remedies available to the attorney general under IC 24-5-0.5. This section does not affect the availability of any civil remedy for a violation of this chapter, IC 24-5-0.5, or any other state or federal law.

As added by P.L.137-2009, SEC.8.

Ch. 26.5 Deceptive Lead Generation

IC 24-5-26.5-1 "Commercial communication"

Sec. 1. As used in this chapter, "commercial communication" means any written or oral statement, illustration, or depiction, whether in English or another language, that is designed to create interest in procuring legal services, whether it appears on or in a label, package, package insert, radio, television, brochure, newspaper, magazine, pamphlet, leaflet, circular, mailer, book insert, free standing insert, letter, catalog, poster, chart, billboard, public transit card, point of purchase display, film slide, audio program transmitted over a telephone system, telemarketing script, on-hold script, upsell script, training materials provided to a telemarketing firm, program length commercial, the Internet, cellular network, or any other medium, as well as promotional materials, items, and Internet web sites.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-2 "Consumer"

Sec. 2. As used in this chapter, "consumer" refers to an individual who views a commercial communication for personal or familial purposes.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-3 "Lead generation"

Sec. 3. As used in this chapter, "lead generation" refers to the use of commercial communication to initiate consumer interest or inquiry into legal services provided in Indiana or another jurisdiction to redress an alleged injury from a medical device or legend drug.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-4 "Legend drug"

Sec. 4. As used in this chapter, "legend drug" has the meaning set forth in IC 16-18-2-199.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-5 "Manufacturer"

Sec. 5. As used in this chapter, "manufacturer" means either of the following:

(1) A person that is engaged in a business to produce, create, make, or construct any product or component of a product, and that:

(A) designs, manufactures, or formulates; or

(B) engages another person to design, manufacture, or formulate;

a medical device or component or part of a medical device.

(2) A person that, by compounding, cultivating, harvesting, or mixing, or by another process produces or prepares legend drugs. The term includes a person that:

(A) prepares legend drugs in dosage forms by mixing, compounding, encapsulating, or entableting, or by another process; or

(B) packages or repackages legend drugs.

The term does not include a pharmacist or a practitioner (as defined in IC 16-42-19-5).

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-6 "Medical device"

Sec. 6. As used in this chapter, "medical device" refers to an instrument, an apparatus, an implement, a machine, a contrivance, an implant, an in vitro reagent, or another similar or related article, including a component part or accessory:

(1) that is recognized in the official National Formulary or the United States Pharmacopoeia, or any supplement to them;

(2) that is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in a human being or an animal; or

(3) that:

(A) is intended to affect the structure or any function of the body of a human being or an animal;

(B) does not achieve its primary intended purpose through chemical action within or on the body of a human being or an animal; and

(C) is not dependent upon being metabolized for the achievement of its primary intended purpose.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-7 "Seller"

Sec. 7. As used in this chapter, "seller" means a person that, in the course of business conducted for that purpose, does either of the following:

(1) Sells, distributes, rents, leases, prepares, blends, packages, labels, or otherwise is involved in placing a medical device or legend drug into the stream of commerce.

(2) Installs, repairs, refurbishes, reconditions, or maintains a medical device.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-8 "Sponsor"

Sec. 8. As used in this chapter, "sponsor" means a person on whose behalf a commercial communication is conducted to promote or advertise legal services.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-9 Deceptive act

Sec. 9. (a) It is a deceptive act for a person to engage in lead generation that is false, deceptive, or misleading.

(b) Deceptive acts under this chapter may include lead generation that contains the following:

(1) Advertisements or other commercial communications that cause, or are likely to cause, consumers to:

(A) fail to use or to discontinue the consumers' medications; or

(B) remove a medical device;

without appropriate medical advice from a person who is independent from the lead generator and any person to whom the consumer would be referred.

(2) Advertisements or other commercial communications that open with sensationalized warnings or alerts that may mislead consumers to believe the consumers are watching a government sanctioned medical alert, health alert, consumer alert, or public service announcement.

(3) Advertisements or other commercial communications that:

(A) misrepresent the risks or benefits associated with a medical device or legend drug that is the subject of the lead generation advertisement or other commercial communication;

(B) leave consumers with the false impression that the risks of the medical device or legend drug exceed the benefits; or

(C) leave consumers with the false impression that the United States Food and Drug Administration has recalled a medical device or legend drug that is the subject of the advertisement or other commercial communication.

(c) A claim misrepresents a fact or is false if the claim is not substantiated by:

(1) competent and reliable scientific or medical evidence; or

(2) a final adjudication on the merits, including appeals.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-10 Required disclosures

Sec. 10. It is a deceptive act for a person engaged in lead generation to fail to make the following written and oral disclosures to a consumer who responds to an advertisement or other commercial communication subject to this chapter:

(1) Disclosures:

(A) that a case will be referred to another attorney or law firm to represent a consumer responding to the advertisement or other commercial communication;

(B) that identify the attorney or law firm that will represent a consumer responding to the advertisement or other commercial communication, if known; and

(C) that identify the sponsor of the advertisement or other commercial communication.

(2) Any other disclosure required under the rules adopted by the attorney general under section 13 of this chapter that the attorney general determines is necessary to permit a consumer to make an informed consent to a referral.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-11 Appropriate course of action materially limited

Sec. 11. Regardless of whether a client consumer enters into an agreement, it is a deceptive act for a person engaged in lead generation to engage in other conduct that creates a significant risk that a lawyer's ability to consider, recommend, or carry out an appropriate course of action for a client consumer will be materially limited.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-12 Lawyer referral service

Sec. 12. The provisions set forth in this chapter also apply to deceptive acts by a lawyer referral service that receives any benefit or consideration for the direct or indirect referral of prospective clients to lawyers or law firms.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-13 Rules

Sec. 13. The attorney general may adopt rules under IC 4-22-2 to carry out this chapter.

As added by P.L.176-2021, SEC.1. Amended by P.L.93-2024, SEC.173.

IC 24-5-26.5-14 Cause of action; remedy

Sec. 14. (a) A manufacturer or seller of medical devices or legend drugs or a consumer may bring an action against any combination of persons that authorize, finance, sponsor, participate in, or otherwise benefit from a deceptive act under this chapter. In the action the court may do any combination of the following:

(1) Issue an injunction.

(2) Order the person engaged in lead generation to reimburse money unlawfully received by any person from the aggrieved consumers to be held in escrow for distribution to aggrieved consumers, void or limit the application of contracts or clauses resulting from deceptive acts, and order other restitution as the court determines appropriate.

(b) A manufacturer, seller, or consumer that commences an action under this section shall serve the attorney general with a copy of the complaint. The attorney general may join an action under this section commenced by the manufacturer, seller, or consumer.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-15 Court costs; litigation fees

Sec. 15. A court with jurisdiction over an action under section 14 of this chapter may order the violator to pay court costs and reasonable litigation fees incurred.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-16 Statute of limitations

Sec. 16. An action brought under this chapter for a deceptive act may not be brought more than two (2) years after the occurrence of the deceptive act.

As added by P.L.176-2021, SEC.1.

IC 24-5-26.5-17 Exceptions

Sec. 17. (a) Nothing in this chapter limits or otherwise affects the authority of the supreme court to regulate the practice of law, establish and enforce rules of professional conduct for attorneys, law firms, and legal referral services, or discipline individuals admitted to the practice of law in Indiana.

(b) This chapter does not apply to attorneys licensed to practice law in the state of Indiana.

(c) Subsection (b) does not prohibit an injunction against a deceptive act.

As added by P.L.176-2021, SEC.1.

Ch. 27 Intrastate Inmate Calling Services

IC 24-5-27-1 Applicability

Sec. 1. (a) Except as provided in subsections (b) and (c), sections 19 through 25 of this chapter apply to the following:

(1) An inmate calling services call that is initiated after June 30, 2022.

(2) A contract described in section 26 of this chapter that is entered into or renewed after June 30, 2022, for the provision of inmate calling services at a correctional facility.

(b) Sections 19 through 25 of this chapter do not apply to an inmate calling services call that is:

(1) initiated after June 30, 2022; and

(2) made in connection with a contract described in section 26 of this chapter that is:

(A) entered into or renewed before July 1, 2022; and

(B) in effect at the time the inmate calling services call is initiated.

(c) Sections 19 through 25 of this chapter do not apply with respect to a contract described in section 26 of this chapter that is:

(1) entered into or renewed before July 1, 2022; and

(2) for the provision of inmate calling services at a correctional facility.

The exemption from sections 19 through 25 of this chapter provided by this subsection terminates when the contract or the renewal of the contract either expires by its terms or is terminated by any party to the contract.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-2 "Ancillary service charge"

Sec. 2. As used in this chapter, "ancillary service charge" means any charge that:

(1) consumers may be assessed for, or in connection with, the intrastate use of inmate calling services (including any intrastate inmate calling services call that includes jurisdictionally mixed charges); and

(2) is not included in the per minute charges assessed for individual calls.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-3 "Authorized fee"

Sec. 3. As used in this chapter, "authorized fee" means a government authorized, but discretionary, fee:

(1) that a provider must remit to a federal, state, or local government; and

(2) with respect to which a provider is permitted, but not required, to pass through to consumers;

for, or in connection with, intrastate inmate calling services.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-4 "Collect calling"

Sec. 4. As used in this chapter, "collect calling" means an arrangement in which the called party takes affirmative action clearly indicating that the party will pay the charges associated with a call originating from an inmate telephone.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-5 "Consumer"

Sec. 5. (a) As used in this chapter, "consumer" means an individual who pays, or is responsible for paying, a provider for intrastate inmate calling services.

(b) The term includes an inmate who pays, or is responsible for paying, a provider for intrastate inmate calling services.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-6 "Correctional facility"

Sec. 6. As used in this chapter, "correctional facility" means:

(1) a state penal institution;

(2) a county jail; or

(3) a secure juvenile facility;

in Indiana.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-7 "Debit calling"

Sec. 7. As used in this chapter, "debit calling" means a presubscription or comparable service that allows an inmate, or someone acting on an inmate's behalf, to fund an account that:

(1) is set up through a provider; and

(2) can be used to pay for inmate calling services calls originated by the inmate.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-8 "Flat rate calling"

Sec. 8. As used in this chapter, "flat rate calling" means a calling plan under which a provider charges a single fee for an inmate calling services call, regardless of the duration of the call.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-9 "Inmate"

Sec. 9. As used in this chapter, "inmate" means an individual detained at a correctional facility, regardless of the duration of the detention.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-10 "Inmate calling service"

Sec. 10. As used in this chapter, "inmate calling service" means a service that allows inmates to make calls to individuals outside the correctional facility where the inmate is being held, regardless of the technology used to deliver the service.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-11 "Inmate telephone"

Sec. 11. As used in this chapter, "inmate telephone" means a telephone instrument, or other device capable of initiating calls, set aside by authorities of a correctional facility for use by inmates.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-12 "Intrastate call"

Sec. 12. As used in this chapter, "intrastate call" means a call that originates and terminates in Indiana.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-13 "Jurisdictionally mixed charge"

Sec. 13. As used in this chapter, "jurisdictionally mixed charge" means any charge that:

(1) consumers may be assessed for use of inmate calling services;

(2) is not included in the per minute charges assessed for individual calls; and

(3) is assessed for, or in connection with, the use of inmate calling services to make calls that have:

(A) interstate or international components; and

(B) intrastate components;

that are not able to be segregated at the time the charge is incurred.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-14 "Mandatory tax or fee"

Sec. 14. As used in this chapter, "mandatory tax or fee" means a tax or fee that a provider is required to:

(1) collect directly from consumers; and

(2) remit to federal, state, or local governments;

for, or in connection with, intrastate inmate calling services.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-15 "Per call or per connection charge"

Sec. 15. As used in this chapter, "per call or per connection charge" means a one (1) time fee charged to a consumer at call initiation.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-16 "Prepaid calling"

Sec. 16. As used in this chapter, "prepaid calling" means a presubscription or comparable service in which:

(1) a consumer, other than an inmate, funds an account set up through a provider; and

(2) funds from the account can then be used to pay for inmate calling services, including calls that originate with an inmate.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-17 "Prepaid collect calling"

Sec. 17. As used in this chapter, "prepaid collect calling" means a calling arrangement that:

(1) allows an inmate to initiate an inmate calling services call without having a preestablished billing arrangement; and

(2) provides a means, within that call, for the called party to establish an arrangement with a provider for the party to be billed directly by the provider for future calls from the same inmate.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-18 "Provider of inmate calling services"

Sec. 18. As used in this chapter, "provider of inmate calling services", or "provider", means any communications service provider that provides inmate calling services, regardless of the technology used to provide the services.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-19 Intrastate inmate calling services rate cap

Sec. 19. (a) As used in this section, "site commission" means any form of monetary payment, in kind payment, gift, exchange of services or goods, fee, technology allowance, or product that a provider of inmate calling services pays, gives, donates, or otherwise provides to:

(1) an entity that operates a correctional facility;

(2) an entity with which the provider of inmate calling services enters into an agreement to provide inmate calling services;

(3) a governmental agency that oversees a correctional facility;

(4) the city, county, or state in which a correctional facility is located; or

(5) an agent of a correctional facility.

(b) Subject to subsections (c) and (d), the rate for intrastate:

(1) collect calling;

(2) debit calling;

(3) prepaid calling; or

(4) prepaid collect calling;

in connection with inmate calling services may not exceed the rate cap for the comparable interstate service in connection with inmate calling services, as set by the Federal Communications Commission and in effect at the time the call is initiated, including any interim rate cap that is set by the Federal Communications Commission and in effect at the time the call is initiated.

(c) An intrastate rate cap under subsection (b) is subject to any distinctions in the comparable interstate rate cap set by the Federal Communications Commission that are based on:

(1) the type or size of the correctional facility from which the inmate calling services call is placed, including:

(A) whether the correctional facility is a jail or a prison, as those terms may be defined by the Federal Communications Commission at the time the call is initiated; and

(B) the average daily population of the correctional facility, as that term may be defined by the Federal Communications Commission at the time the call is initiated; and

(2) whether any site commission is sought to be recovered through the intrastate rate for a service, including any distinctions in the facility-related rate component, as that term may be defined by the Federal Communications Commission at the time the call is initiated, that are based on whether the site commission is legally mandated or contractually prescribed.

(d) A provider that has been granted a waiver by the Federal Communications Commission from the interstate rate caps for the inmate calling services described in subsection (b) with respect to a particular:

(1) correctional facility; or

(2) contract for the provision of inmate calling services;

is not subject to the intrastate rate caps under subsection (b) for the comparable intrastate services provided to the same correctional facility or under the same contract. The exemption from the intrastate rate caps provided under this subsection runs concurrently with the term of the exemption from the corresponding interstate rate caps, as determined by the Federal Communications Commission.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-20 Ancillary service charges for intrastate inmate calling services

Sec. 20. (a) The following definitions apply throughout this section:

(1) "Automated payment fee" means:

(A) a credit card payment fee;

(B) a debit card payment fee; or

(C) a bill processing fee.

The term includes fees for payments made by interactive voice response, the Internet, or kiosk.

(2) "Fee for single call and related services" means a billing arrangement in which:

(A) an inmate's collect calls are billed through a third party on a per call basis; and

(B) the called party:

(i) does not have an account with the provider of inmate calling services; or

(ii) does not want to establish an account with the provider of inmate calling services.

(3) "Live agent fee" means a fee associated with the optional use of a live operator to complete inmate calling services transactions.

(4) "Paper bill or statement fee" means a fee associated with providing a customer of inmate calling services an optional paper billing statement.

(5) "Third party financial transaction fee" means the exact fee, with no markup, that a provider of inmate calling services is charged by a third party to transfer money or process financial transactions to facilitate a consumer's ability to make account payments through the third party.

(b) A provider may not charge an ancillary service charge for, or in connection with, an intrastate inmate calling services call, other than those ancillary service charges permitted by the Federal Communications Commission for, or in connection with, interstate or international inmate calling services calls at the time the call is initiated.

(c) Subject to subsection (d), a rate for an ancillary service charge permitted under subsection (b) for, or in connection with, an intrastate inmate calling services call shall not exceed the rate for the comparable ancillary service charge permitted by the Federal Communications Commission for, or in connection with, interstate or international inmate calling services calls at the time the call is initiated. Subject to subsection (b), ancillary service charges subject to the rate cap set forth in this subsection include the following:

(1) Automated payment fees.

(2) Fees for single call and related services.

(3) Live agent fees.

(4) Paper bill or statement fees.

(5) Third party financial transaction fees.

(d) A provider that has been granted a waiver by the Federal Communications Commission from the ancillary service charge caps for interstate or international inmate calling services calls with respect to a particular:

(1) correctional facility; or

(2) contract for the provision of inmate calling services;

is not subject to the intrastate caps under subsection (c) for the comparable intrastate ancillary services provided to the same correctional facility or under the same contract. The exemption from the intrastate ancillary service charge caps provided under this subsection runs concurrently with the term of the exemption from the corresponding interstate or international ancillary service charge caps, as determined by the Federal Communications Commission.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-21 Provider interference with intrastate inmate calling services

Sec. 21. (a) Except as provided in subsection (b), a provider shall not:

(1) prohibit or prevent completion of an intrastate collect calling call made in connection with an inmate calling service; or

(2) decline to establish or otherwise degrade intrastate collect calling made in connection with inmate calling services;

solely for the reason that the provider lacks a billing relationship with the called party's communications service provider.

(b) The prohibitions set forth in subsection (a) do not apply if a provider offers debit calling, prepaid calling, or prepaid collect calling for intrastate inmate calling services calls.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-22 Taxes and fees for intrastate inmate calling services

Sec. 22. (a) A provider may not charge any taxes or fees to users of inmate calling services for, or in connection with, intrastate calls, except for the following:

(1) Authorized fees.

(2) Mandatory taxes and fees.

(b) Any:

(1) authorized fee; or

(2) mandatory tax or fee;

passed through to consumers for, or in connection with, intrastate inmate calling services may not include a markup, unless the markup is specifically authorized by a federal, state, or local statute, rule, or regulation.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-23 Per call or per connection charge for intrastate inmate calling services prohibited

Sec. 23. A provider may not impose a per call or per connection charge on a consumer for any intrastate inmate calling services call.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-24 Flat rate for intrastate inmate calling services prohibited

Sec. 24. A provider may not offer flat rate calling for intrastate inmate calling services.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-25 Debit and prepaid intrastate inmate calling services

Sec. 25. (a) A provider may not institute a minimum balance requirement for a consumer to use:

(1) debit calling; or

(2) prepaid calling;

for intrastate inmate calling services calls.

(b) A provider may not prohibit a consumer from depositing at least fifty dollars ($50) per transaction to fund a:

(1) debit calling; or

(2) prepaid calling;

account that can be used for intrastate inmate calling services calls.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-26 Contracts for inmate calling services in violation of this chapter prohibited

Sec. 26. (a) After June 30, 2022, a provider shall not enter into or renew a contract with:

(1) the department of correction; or

(2) any:

(A) county;

(B) city; or

(C) public or private agency or organization;

that operates a correctional facility in Indiana;

for the provision of inmate calling services at a correctional facility unless the terms of the contract comply with this chapter.

(b) Any term, condition, or provision that:

(1) is included in a contract that is entered into or renewed after June 30, 2022, for the provision of inmate calling services at a correctional facility; and

(2) violates this chapter;

is void.

As added by P.L.34-2022, SEC.8.

IC 24-5-27-27 Violation of this chapter a deceptive act

Sec. 27. A provider that violates this chapter:

(1) commits a deceptive act that is actionable by the attorney general or by a consumer under IC 24-5-0.5-4; and

(2) is subject to the remedies and penalties under IC 24-5-0.5.

As added by P.L.34-2022, SEC.8.

Ch. 27.5 Privacy of Firearms Financial Transactions

IC 24-5-27.5-1 Applicability

Sec. 1. (a) This chapter applies to a payment card transaction that is initiated after September 30, 2024, at a firearms retailer that is physically located in Indiana.

(b) This chapter does not apply to a payment card transaction that is initiated at a firearms retailer's physical location outside Indiana regardless of whether the:

(1) purchaser in the payment card transaction is an Indiana consumer; or

(2) firearms retailer has at least one (1) physical location in Indiana.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-2 "Affiliate"

Sec. 2. As used in this chapter, "affiliate" means any person who directly or indirectly:

(1) controls;

(2) is controlled by; or

(3) is under the common control of;

another person.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-3 "Credit card"

Sec. 3. As used in this chapter, "credit card" means any:

(1) card;

(2) plate; or

(3) other single credit device;

that may be used from time to time to obtain credit (as defined in 12 CFR 1026.2(a)(14)).

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-4 "Debit card"

Sec. 4. As used in this chapter, "debit card" means any:

(1) card;

(2) plate; or

(3) other single device;

that may be used from time to time to access an asset account, regardless of whether authorization for the debit is based on a signature, a personal identification number, or other means.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-5 "Disclose"

Sec. 5. As used in this chapter, "disclose", with respect to protected financial information, means to transfer, publish, or distribute the protected financial information to another person for any purpose other than to:

(1) process, facilitate, or service a payment card transaction;

(2) take any action related to:

(A) dispute processing;

(B) fraud management; or

(C) protecting the integrity of the transaction with respect to:

(i) illegal activity;

(ii) security breaches; or

(iii) cyber risks;

with respect to a payment card transaction; or

(3) manage a loyalty or rewards program related to a payment card transaction.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-6 "Financial institution"

Sec. 6. As used in this chapter, "financial institution" means any bank, trust company, corporate fiduciary, savings association, credit union, savings bank, bank of discount and deposit, or industrial loan and investment company organized or reorganized under Indiana law, the law of another state (as defined in IC 28-2-17-19), or United States law.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-7 "Financial services provider"

Sec. 7. (a) As used in this chapter, "financial services provider" means any of the following that is involved in facilitating or processing a payment card transaction, as appropriate in the context:

(1) A financial institution.

(2) A person engaged in money transmission in Indiana under IC 28-8-4.1.

(3) A payment card issuer.

(4) A payment card network.

(5) A merchant acquirer.

(b) The term includes an:

(1) affiliate;

(2) officer;

(3) agent; or

(4) employee;

of a person listed in subsection (a).

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-8 "Firearm"

Sec. 8. As used in this chapter, "firearm" includes the following:

(1) A firearm (as defined in IC 34-12-3-1).

(2) Ammunition for use in a firearm.

(3) Firearm components.

(4) Firearm accessories.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-9 "Firearms code"

Sec. 9. As used in this chapter, "firearms code" means a merchant category code approved by the International Organization for Standardization specifically for firearms retailers.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-10 "Firearms retailer"

Sec. 10. As used in this chapter, "firearms retailer" means any person that:

(1) is engaged in the lawful business of selling or trading firearms; and

(2) has at least one (1) physical location in Indiana.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-11 "Governmental entity"

Sec. 11. (a) As used in this chapter, "governmental entity" means any of the following:

(1) The state.

(2) A state agency (as defined in IC 1-1-15-3).

(3) A political subdivision (as defined in IC 36-1-2-13) or an instrumentality of a political subdivision (as defined in IC 36-1-2-13).

(b) The term includes an:

(1) official;

(2) agent; or

(3) employee;

of an entity listed in subsection (a).

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-12 "Indiana consumer"

Sec. 12. As used in this chapter, "Indiana consumer" means a:

(1) natural person whose principal residence is in Indiana; or

(2) person, other than a natural person, that is domiciled in Indiana.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-13 "Merchant acquirer"

Sec. 13. As used in this chapter, "merchant acquirer" means a person that establishes a relationship with a merchant to enable the processing of payment card transactions by collecting funds from the payment card issuer in the transaction and depositing them in the merchant's account.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-14 "Payment card"

Sec. 14. As used in this chapter, "payment card" means:

(1) a credit card;

(2) a debit card; or

(3) another device that may be used to carry out debit or credit transactions.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-15 "Payment card issuer"

Sec. 15. As used in this chapter, "payment card issuer" means a:

(1) lender, including a financial institution; or

(2) merchant;

that receives applications for and issues payment cards to consumers.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-16 "Payment card network"

Sec. 16. As used in this chapter, "payment card network" means an entity that directly, or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software that:

(1) route information and data to conduct debit card or credit card transaction authorization, clearance, and settlement; and

(2) a merchant or seller uses in order to accept as a form of payment a brand of:

(A) debit card;

(B) credit card; or

(C) another device that may be used to carry out debit or credit transactions.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-17 "Payment card transaction"

Sec. 17. As used in this chapter, "payment card transaction" means a transaction in which a consumer uses a payment card to purchase or obtain goods, services, money, or any other thing of value.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-18 "Person"

Sec. 18. As used in this chapter, "person" means:

(1) a natural person; or

(2) an organization, including a corporation, a partnership, a proprietorship, an association, a cooperative, an estate, or a trust.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-19 "Protected financial information"

Sec. 19. As used in this chapter, "protected financial information" means any record of a:

(1) sale;

(2) purchase;

(3) return; or

(4) refund;

that is made or processed with a payment card and that is retrieved, characterized, generated, labeled, sorted, or grouped based solely on the assignment of a firearms code.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-20 Prohibition against keeping list, record, or registry of privately owned firearms or of the owners of firearms; exceptions

Sec. 20. (a) Except as provided in subsection (b), or as otherwise required by law, a governmental entity or any other person, public or private, shall not knowingly or willfully keep or cause to be kept any:

(1) list, record, or registry of privately owned firearms; or

(2) list, record, or registry of the owners of firearms;

with respect to Indiana consumers.

(b) Subsection (a) does not apply with respect to the following:

(1) Records kept during the regular course of a criminal investigation or prosecution.

(2) Records kept by the owner of privately owned firearms.

(3) Records kept in the regular course of business by a firearms retailer.

(4) Information submitted to a law enforcement agency in connection with an application for a license to carry a handgun under IC 35-47-2-3, subject to the limitations set forth in IC 35-47-2-3(n) and IC 35-47-2-3(o).

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-21 Prohibition against assigning or requiring the assignment of a firearms code

Sec. 21. In a payment card transaction, a merchant acquirer or payment card network may not:

(1) assign; or

(2) require the assignment of;

a firearms code in a way that distinguishes a firearms retailer with at least one (1) physical location in Indiana from general merchandise retailers or sporting goods retailers.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-22 Prohibition against declining or refusing to process payment card transaction based solely on assignment or nonassignment of a firearms code; exceptions

Sec. 22. (a) Except as provided in subsection (b), a financial services provider may not decline or otherwise refuse to process a lawful payment card transaction based solely on the assignment or nonassignment of a firearms code to the payment card transaction.

(b) A financial services provider may decline or otherwise refuse to process a lawful payment card transaction involving a firearms retailer on the basis of the assignment or nonassignment of a firearms code:

(1) at the request of the consumer;

(2) in accordance with:

(A) fraud controls; or

(B) merchant category exclusions offered by a financial services provider for the purpose of expenditure control or corporate card control;

applicable to the payment card involved in the payment card transaction; or

(3) for purposes of restricting the use or availability of a firearms code in Indiana.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-23 Prohibition against disclosing financial record that includes protected financial information

Sec. 23. Except as otherwise required or permitted by law or regulation, a financial services provider may not disclose a financial record that:

(1) is related to a payment card transaction; and

(2) includes protected financial information, including a firearms code that was used, collected, or assigned in violation of this chapter.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-24 Dispute processing, fraud management, or protecting the integrity of payment card transactions; actions of financial services provider not impaired

Sec. 24. With respect to a payment card transaction, this chapter may not be construed to:

(1) limit the ability of a financial services provider to negotiate with responsible parties; or

(2) otherwise impair a financial services provider's actions;

related to dispute processing, fraud management, or protecting the integrity of the payment card transaction with respect to illegal activity, security breaches, or cyber risks.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-25 Enforcement; applicable primary financial regulator; attorney general

Sec. 25. (a) Except as provided in subsection (b), the applicable primary financial regulator with jurisdiction over a financial services provider subject to this chapter is responsible for enforcing the financial services provider's compliance with this chapter.

(b) The attorney general is responsible for enforcing section 20 of this chapter with respect to any person that is not a financial services provider subject to regulation under subsection (a). Upon receiving notice of an alleged violation of section 20 of this chapter, the attorney general shall investigate the alleged violation in accordance with IC 4-6-3-3, subject to the confidentiality provisions set forth in IC 4-6-3-9. However, in any investigation under this subsection, the attorney general may not require any person to:

(1) produce documentary material that includes;

(2) answer under oath and in writing written interrogatories concerning; or

(3) appear and testify under oath concerning;

protected financial information (as defined in section 19 of this chapter). If the attorney determines that a violation of section 20 of this chapter has occurred, the attorney general shall provide written notice to the person found to be in violation. Upon receiving written notice from the attorney general under this subsection, a person has thirty (30) calendar days from the date of receipt to cease the violation. If the person fails to cease the violation within the thirty (30) day period set forth in this subsection, the attorney general may seek, in a court having jurisdiction, injunctive relief, a civil penalty not to exceed ten thousand dollars ($10,000) per violation, costs, expert fees, and reasonable attorney's fees.

As added by P.L.132-2024, SEC.4.

Art. 6 Weights, Measures, and Labeling

Ch. 1 Standard Weights and Measures

IC 24-6-1-1 Standards; violation

Sec. 1. (a) The avoirdupois weight of beef or pork in each barrel shall be two hundred (200) pounds; and of flour in each barrel, one hundred and ninety-six (196) pounds; of sorghum molasses, eleven (11) pounds per gallon; of maple molasses, eleven (11) pounds per gallon; of hay, straw, ice, coal or coke, two thousand (2,000) pounds shall be given and taken for a ton. A bushel of the respective articles described in this section shall mean the amount of weight, avoirdupois, in this section specified, as follows:

Of wheat, sixty (60) pounds;

Of oats, thirty-two (32) pounds;

Of buckwheat, fifty (50) pounds;

Of popcorn, fifty-six (56) pounds;

Of cornmeal, fifty (50) pounds;

Of shelled corn, fifty-six (56) pounds;

Of corn in the ear until December 1, seventy (70) pounds; corn in the ear after December 1, sixty-eight (68) pounds;

Of rye, fifty-six (56) pounds;

Of barley, forty-eight (48) pounds;

Of malt rye, thirty-five (35) pounds;

Of flax seed, fifty-six (56) pounds;

Of kaffir corn, fifty-six (56) pounds;

Of rough rice, forty-five (45) pounds;

Of beans, sixty (60) pounds;

Of cow peas, sixty (60) pounds;

Of soy soja beans, sixty (60) pounds;

Of clover seed, sixty (60) pounds;

Of hemp seed, forty-four (44) pounds;

Of sorghum seed, fifty (50) pounds;

Of blue grass seed, fourteen (14) pounds;

Of orchard grass seed, fourteen (14) pounds;

Of timothy seed, forty-five (45) pounds;

Of millet, fifty (50) pounds;

Of herds-grass seed, forty-five (45) pounds;

Of rape seed, fifty (50) pounds;

Of red top grass seed, fourteen (14) pounds;

Of alfalfa seed, sixty (60) pounds;

Of peaches, forty-eight (48) pounds;

Of dried peaches, thirty-three (33) pounds;

Of apples, forty-two (42) pounds;

Of dried apples, twenty-five (25) pounds;

Of quinces, forty-eight (48) pounds;

Of pears, fifty (50) pounds;

Of onions, fifty-seven (57) pounds;

Of beets, sixty (60) pounds;

Of carrots, fifty (50) pounds;

Of parsnips, fifty-five (55) pounds;

Of turnips, fifty-five (55) pounds;

Of tomatoes, sixty (60) pounds;

Of cucumbers, forty-eight (48) pounds;

Of potatoes, sixty (60) pounds;

Of sweet potatoes, fifty (50) pounds;

Of cranberries, thirty-three (33) pounds;

Of gooseberries, forty (40) pounds;

Of hickory nuts, fifty (50) pounds;

Of walnuts, fifty (50) pounds;

Of middlings, coarse, thirty (30) pounds;

Of bran, twenty (20) pounds;

Of coal, mineral, eighty (80) pounds;

Of charcoal, twenty (20) pounds;

Of coke, forty (40) pounds;

Of coarse salt, fifty (50) pounds;

Of fine salt, fifty-five (55) pounds.

(b) A person who buys or sells any of the articles or commodities enumerated in this section at a measure or fraction of a measure differing in the weight from the standard prescribed in this section commits a Class B misdemeanor.

Formerly: Acts 1905, c.169, s.697; Acts 1917, c.153, s.1. As amended by Acts 1976, P.L.118, SEC.1; Acts 1978, P.L.2, SEC.2417; P.L.136-2018, SEC.140.

Ch. 2 Retention of Weights and Measures By Counties

IC 24-6-2-1 Procurement of weights and measures

Sec. 1. The several boards of county commissioners within this state be, and they are hereby authorized and required to procure for their respective counties, and at the expense of the same, a set of the following measures and weights for the use of their county: that is; one (1) measure of one (1) foot or twelve (12) inches, English measure, so-called; also one (1) measure of three (3) feet, or thirty-six (36) inches, as aforesaid; also, one half (1/2) bushel measure for dry measure, which shall contain one thousand seventy-five and one-fifth (1,075 1/5) solid inches; also one gallon measure, which shall contain two hundred and thirty-one (231) solid inches; which measures are to be of wood or of any metal the court may think proper; also, one (1) set of weights commonly called avoirdupois weights; and sealed with the name or initial letters of the county inscribed thereon; and shall be kept by the county auditor of each and every county in this state, for the purpose of trying and sealing the weights and measures used in their counties.

Formerly: Acts 1852, 1RS, c.117, s.1. As amended by P.L.137-2021, SEC.6.

Ch. 3 State and Local Weights and Measures Program

IC 24-6-3-1 Weights and measures furnished by United States government

Sec. 1. The:

(1) standard weights and measures furnished by the government of the United States and certified by the National Institute of Standards and Technology; and

(2) weights, measures, balances, and apparatus as may be added by the division of weights and measures and verified by the National Institute of Standards and Technology;

are the standards by which all state, county, and city standards shall be tried, proved, and sealed.

Formerly: Acts 1925, c.86, s.1. As amended by P.L.3-1989, SEC.142; P.L.2-1992, SEC.749.

IC 24-6-3-2 Division of weights and measures; powers and duties

Sec. 2. (a) The division of weights and measures shall take charge of the standards adopted by this chapter as the standards of the state, cause them to be kept in a fireproof building belonging to the state, and from which they shall not be removed except for repairs or for certification, and take all other necessary precautions for their safekeeping.

(b) The division shall maintain the state standards in good order and shall submit them once in ten (10) years to the National Institute of Standards and Technology for certification. The division or inspectors at the division's direction, shall correct the standards of the several cities and counties, and as often as once in two (2) years compare the same with those in the division's possession, and where not otherwise provided by law the division shall have the general supervision of the weights, measures, and measuring and weighing devices in use in Indiana.

(c) The division of weights and measures is also authorized to adopt rules, specifications, and tolerances necessary for the enforcement of this chapter. The division shall, upon the written request of any Indiana citizen, firm, corporation, limited liability company, or institution, test or calibrate weights, measures, weighing, or measuring devices and instruments or apparatus used as standards in Indiana. The division or inspectors at the division's direction, shall at least once annually test all scales, weights, and measures and devices used in checking the receipt or disbursement of supplies in every institution under the jurisdiction of the department of child services and the division shall report in writing the findings to the executive officer of the institution concerned.

(d) The division of weights and measures shall keep a complete record of the standards, balances, and other apparatus belonging to the state and take a receipt for the same from the successor in office to the head of the division.

(e) The division or inspectors at the division's direction, shall at least once in two (2) years visit the various cities and counties in Indiana that have appointed sealers of weights and measures in order to inspect the work of the local sealers. In the performance of such duties, the division may inspect the weights, measures, balances, or any other weighing or measuring appliances of any person.

(f) The division of weights and measures shall issue from time to time rules for the guidance of state, county, and city sealers or inspectors. The rules shall govern the procedure to be followed by those officers in the discharge of their duties.

Formerly: Acts 1925, c.86, s.2. As amended by Acts 1978, P.L.2, SEC.2418; Acts 1979, P.L.17, SEC.38; Acts 1981, P.L.33, SEC.29; P.L.3-1989, SEC.143; P.L.2-1992, SEC.750; P.L.8-1993, SEC.365; P.L.145-2006, SEC.156.

IC 24-6-3-3 County inspectors; appointment; compensation

Sec. 3. The board of commissioners of every county of thirty thousand (30,000) population or more shall, and the board of commissioners of any county of less than thirty thousand (30,000) population may appoint a county inspector of weights and measures. No person shall be appointed as a county inspector of weights and measures in any county unless such person shall have been approved by the division of weights and measures of the Indiana department of health, and no county inspector of weights and measures in any county shall be removed by the board of commissioners without the approval and consent of the division of weights and measures. The compensation of a county inspector of weights and measures shall be determined by the board and paid out of the county treasury. It shall not be obligatory upon the board of county commissioners of such counties containing a city or cities which are already provided with an inspector of weights and measures or city sealers to make such appointments. The board shall provide the necessary apparatus and supplies for the said inspector of weights and measures and the county councils of such counties shall appropriate such sums of money as are necessary for the salary and maintenance of the office. Two (2) or more adjoining counties, by appropriate action of the boards of commissioners of such counties, may form an inspection district and provide by mutual agreement for the appointment of a district inspector of weights and measures. The compensation of such inspector shall be apportioned among the counties forming the district in proportion to the population thereof.

Formerly: Acts 1925, c.86, s.3; Acts 1955, c.229, s.1. As amended by P.L.152-1986, SEC.85; P.L.2-1992, SEC.751; P.L.56-2023, SEC.215.

IC 24-6-3-4 City inspectors; appointment, service and removal

Sec. 4. (a) The legislative body of a city having a population of at least twenty thousand (20,000) may provide for the appointment by the board of public safety of an inspector of weights and measures and provide for the inspector's compensation and for the necessary apparatus and expenses to be paid out of the city treasury. The inspector of weights and measures shall serve continuously during good behavior under the provisions of IC 36-8-3-4 governing the fire and police force. The inspector of weights and measures shall not be removed for any political reason and only for good and sufficient cause after an opportunity for hearing is given by the board of public safety. However, this subsection does not affect the power of the division of weights and measures of the Indiana department of health to discharge county or city inspectors of weights and measures under section 6 of this chapter.

(b) A person may not be appointed as a city inspector of weights and measures unless the person is approved by the division of weights and measures. A city inspector of weights and measures may not be removed without the approval and consent of the division of weights and measures.

(c) The same person may be employed as a city and county inspector of weights and measures. If the same person is so employed, the compensation and expenses of the inspector shall be divided between the city and county, as agreed upon under IC 36-1-7.

(d) If a city having a population of at least twenty thousand (20,000) does not provide for the appointment of an inspector of weights and measures, the executive of the county containing the city shall require the county inspector of weights and measures to perform those duties for that city.

Formerly: Acts 1925, c.86, s.4. As amended by Acts 1981, P.L.44, SEC.29; P.L.40-1989, SEC.41; P.L.2-1992, SEC.752; P.L.56-2023, SEC.216.

IC 24-6-3-5 Powers and duties of county and city inspectors

Sec. 5. The county or city inspector of weights and measures when appointed shall be a deputy inspector under the direction of the division of weights and measures. The inspector shall take charge of and safely keep the county or city standards. When not otherwise provided by law, the county or city inspector of weights and measures shall have the power within the county or city to inspect, test, try and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measurement and the tools, appliances or accessories, connected with any or all such instruments or measurements used or employed within the county or city by any proprietor, agent, lessee or employee in determining the size, quantity, extent or measurement of quantities, things, produce, articles for distribution or consumption offered or submitted by such person or persons for sale, for hire or award. The inspector shall at least once in each year and as much oftener as he may deem necessary see that the weights, measures and all apparatus used in the county or city are correct. The county or city inspector of weights and measures shall keep a complete record of the work done by the inspector and shall make a monthly and annual report to the division and the board of county commissioners or to the mayor. The annual report shall be duly sworn and submitted to the division of weights and measures, not later than the fifteenth of October. Upon appointment, the county or city inspector of weights and measures shall, in the manner prescribed by IC 5-4-1, give a bond for the faithful performance of the duties of the office. The county inspector of weights and measures shall have jurisdiction over the whole county except as to incorporated cities which have provided for a city inspector of weights and measures under the provisions of this chapter.

Formerly: Acts 1925, c.86, s.5. As amended by Acts 1981, P.L.47, SEC.19; P.L.2-1992, SEC.753.

IC 24-6-3-6 Qualifications of inspectors; discharge and removal

Sec. 6. Only those persons shall be eligible to appointment to the position of county or city inspectors of weights and measures who on March 9, 1925, are county or city sealers or inspectors of weights and measures or who have passed an examination which shall be given by the division of weights and measures of the Indiana department of health to test the ability of the person so examined to perform satisfactorily the duties of a county or city inspector of weights and measures. If it is evident to the division of weights and measures that any county or city inspector of weights and measures is not properly and faithfully performing the duties of the office, the division of weights and measures shall have power to discharge such county or city inspector of weights and measures. Such removal, however, shall not be made until five (5) days' notice of the charge or charges shall have been mailed to him by the division, naming a time and place for a hearing not less than two (2) weeks later than the time of mailing such notice to the county or city inspector of weights and measures; provided, however, that any county or city inspector of weights and measures so removed by the division of weights and measures shall have the right to appeal from the action of the division to the circuit or superior court of the county in which such county or city inspector of weights and measures resides, and during the pendency of such appeal, such county or city inspector of weights and measures may serve in the inspector's official capacity. Any county or city inspector of weights and measures discharged as provided in this section shall be ineligible to hold the position of county or city inspector of weights and measures for four (4) years, and the vacancy shall be filled by the proper authorities as provided in this chapter.

Formerly: Acts 1925, c.86, s.6. As amended by P.L.152-1986, SEC.86; P.L.2-1992, SEC.754; P.L.56-2023, SEC.217.

IC 24-6-3-7 Inspection of devices; confirmation to legal standards; tagging nonconforming devices

Sec. 7. Whenever the inspector of the city or county or the division of weights and measures, or the division's inspectors test and compare scales, weights, measures, or weighing or measuring devices and finds that they correspond with the standards in the inspector's possession, the inspector shall seal and mark such scales, weights, measures, or weighing and measuring devices by stamping upon them the letters "Ind. S.," meaning Indiana Standard, and the last two (2) figures of the year in which the same is done. If any scales, weights, measures, or weighing or measuring devices, or parts thereof, be found not to conform to the legal standard the same may be tagged by the inspector "condemned until repaired" which tag shall not be removed until said apparatus is properly repaired. If the scales, weights, measures, or weighing or measuring devices, or parts thereof are found to be false and fraudulent, or can not be made to conform to the legal standard, the same shall be condemned and confiscated by the inspector.

Formerly: Acts 1925, c.86, s.7. As amended by P.L.2-1992, SEC.755; P.L.1-1993, SEC.196.

IC 24-6-3-8 Seizure of nonconforming devices

Sec. 8. The division of weights and measures, the division's deputies and inspectors, and the county and city inspectors of weights and measures are hereby made special policemen and are authorized and empowered to arrest without formal warrant for any violation of the statutes in relation to scales, weights and measures, and to seize and use for evidence and without formal warrant any false weight, scales, measure, or weighing or measuring device, or packages or amounts of commodities found to be used, retained or offered or exposed for sale or sold in violation of law.

Formerly: Acts 1925, c.86, s.8. As amended by P.L.2-1992, SEC.756.

IC 24-6-3-9 Entry without warrant; prosecution; hindrance of inspector

Sec. 9. (a) The division of weights and measures, the division's agents, deputies, or inspectors, and the county and city inspectors of weights and measures may go into or upon without formal warrant any stand, place, building or premises, or may stop any vender, peddler, junk dealer, coal wagon, ice wagon, or any dealer, for the purpose of making the proper test and for the purpose of ascertaining the proper weights and measures of all commodities found therein or thereon. Whenever the division, the division's agents, deputies, or inspectors, or the county and city inspectors of weights and measures find a violation of law relating to weights and measures, the individual shall cause the violator to be prosecuted.

(b) No person may molest, hinder or obstruct in any way the division of weights and measures, the division's agents, deputies, or inspectors, or any county or city inspector of weights and measures in the performance of official duties.

Formerly: Acts 1925, c.86, s.9. As amended by Acts 1978, P.L.2, SEC.2419; P.L.2-1992, SEC.757.

IC 24-6-3-10 Commodity sold by numerical count; weight per ton

Sec. 10. All commodities shall be sold by standard weight or measure except as otherwise provided in this chapter; provided, however, that the provisions of this section shall not apply to commodities which are usually and customarily sold by numerical count, or in gross, or are sold in packages prepared and put up for sale; provided, that all commodities packed in such packages shall be so marked as to plainly indicate the net contents in terms of weight, measure, or numerical count; provided, also, that two thousand (2,000) pounds net avoirdupois shall constitute a ton.

Formerly: Acts 1925, c.86, s.10. As amended by P.L.152-1986, SEC.87.

IC 24-6-3-10.5 Items that may be sold as unweighed, uncounted units

Sec. 10.5. Notwithstanding any other provision, a packaged decorative fruit basket or a delicatessen tray or platter containing meat or cheese may be sold or offered for sale by weight, by numerical count, or as an unweighed, uncounted unit for sale.

As added by P.L.80-1999, SEC.4.

IC 24-6-3-11 Use or retention of false scales; removal of tag

Sec. 11. No person, firm, limited liability company, or corporation shall use or retain in the person's, firm's, company's, or corporation's possession any false scales, weights, or measures or measuring device or any weight or measure or weighing or measuring device in the buying or selling of any commodity or thing or in calculating or measuring service, or dispose of any condemned scales, weights, measures, or weighing or measuring device, except in accordance with such rules, specifications, and tolerances as may be adopted by the division of weights and measures of the Indiana department of health as provided in section 2 of this chapter, or remove any tag, stamp, or mark placed thereon by the inspector; and no person, firm, limited liability company, or corporation shall sell or offer or expose for sale or deliver less than the quantity the person, firm, limited liability company, or corporation represents, or sell, offer for sale, or have in the person's, firm's, limited liability company's, or corporation's possession for the purpose of selling any false scales, weight, or measure, or any device or instrument to be used or calculated to falsify any weight or measure.

Formerly: Acts 1925, c.86, s.11. As amended by P.L.152-1986, SEC.88; P.L.2-1992, SEC.758; P.L.8-1993, SEC.366; P.L.56-2023, SEC.218.

IC 24-6-3-12 Dry capacity measure; sale of fruits and vegetables; commodities; original standard container; definitions

Sec. 12. (a) All commodities shall be offered for sale or sold upon the basis of avoirdupois net weight or by numerical count only, and it shall be unlawful for anyone to use or employ any dry capacity measure, basket, barrel, or container of any kind as a means of determining the amounts or quantities of any commodities offered for sale or sold; provided, however, that the provisions of this chapter shall not be construed to apply to fruits and vegetables sold in the original standard container, nor to vegetables which by common custom are offered for sale or sold by the bunch; nor shall the provisions of this chapter be construed to apply to fresh berries and to other small fruits which are customarily offered for sale and sold by the box, basket, or other receptacle, except, however, when such fresh berries or such other small fruits are offered for sale or sold in bulk, in which case the provisions of this chapter shall apply to the extent that such fresh berries and such other small fruits shall be offered for sale and sold by avoirdupois net weight only; provided, further, however, that all fresh berries and such other small fruits when offered for sale or sold shall be so offered or sold in boxes, baskets, or receptacles of uniform size to hold one (1) quart or one (1) pint dry measure only, which said boxes, baskets, or other receptacles shall be uniformly and evenly filled throughout.

(b) The term "commodities" as used in this section shall be construed to mean commodities or articles (other than liquids) which are capable of being measured by dry capacity measure.

(c) The term "original standard container" as used in this section shall be construed to mean and include only barrels, boxes, baskets, hampers, or similar containers the dimensions or capacity of which is established by Indiana or federal statute, the contents of which have not been removed or repacked, and upon which is plainly and conspicuously marked the net quantity of contents thereof in terms of weight, measure, or numerical count.

Formerly: Acts 1925, c.86, s.12. As amended by P.L.152-1986, SEC.89.

IC 24-6-3-13 Weighmaster; appointment; powers and duties

Sec. 13. The division of weights and measures upon application of any county, city, town, corporation, limited liability company, individual, firm, association, or institution may designate one (1) or more employees or some other suitable person or persons, to act as weighmaster for such county, city, town, corporation, limited liability company, individual, firm, association, or institution. Such weighmaster shall be appointed for a specified term and shall, before entering upon official duties, make oath faithfully to execute trust as weighmaster. The division of weights and measures shall issue and keep record of a certificate of appointment which shall designate the location of the scale or scales or measuring devices to be operated by said weighmaster. The rights and duties of weighmasters shall be prescribed by the division and such weighmasters shall not receive compensation from the state for duties so performed. Any weighmaster who commits misconduct in the execution of duties shall forfeit the certificate as weighmaster.

Formerly: Acts 1925, c.86, s.13. As amended by Acts 1978, P.L.2, SEC.2420; P.L.2-1992, SEC.759; P.L.8-1993, SEC.367.

IC 24-6-3-14 Definitions

Sec. 14. The word "person" as used in this chapter shall be considered to include also firms, copartnerships, limited liability companies, or corporations. The term "device" or "devices" as used in this chapter shall be construed to include all weights, scales, beams, mechanical devices, or other instruments. The word "sell", "sale", or "buy" as used in this chapter shall be construed to include barter and exchange.

Formerly: Acts 1925, c.86, s.14. As amended by P.L.152-1986, SEC.90; P.L.8-1993, SEC.368.

IC 24-6-3-15 Violations

Sec. 15. A person who recklessly violates this chapter commits a Class B misdemeanor.

Formerly: Acts 1925, c.86, s.15. As amended by Acts 1978, P.L.2, SEC.2421.

IC 24-6-3-16 Standards for weights and measures; rules; federal standards

Sec. 16. (a) The state department may adopt rules under IC 4-22-2 to establish standards for weights and measures to be used by the state department. A standard adopted under this section must be the same as or at least as effective as the standards adopted by the National Conference on Weights and Measures, including amendments to those standards in effect on June 30, 1993, and found in:

(1) Handbook 44: Specification, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices;

(2) Handbook 130: Chapter A, Uniform Packaging and Labeling Regulation;

(3) Handbook 130: Chapter B, Uniform Regulation for the Method of Sale of Commodities, except for Section 2.20; and

(4) Handbook 133: Checking the Net Contents of Packaged Goods;

all published by the National Institute of Standards and Technology.

(b) The state department may determine when an amendment to federal standards described in subsection (a) has been adopted. If the state department determines that an amendment to the federal standards has been adopted, the state department may adopt rules under IC 4-22-2 to amend the rules adopted by the state department under subsection (a). A rule adopted under this subsection must provide a standard that is:

(1) the same as; or

(2) at least as effective as;

the amendment to the federal standards for weights and measures. A rule adopted under this subsection must take effect not later than sixty (60) days after the date of publication of the amendment to the federal standards.

As added by P.L.177-1993, SEC.19. Amended by P.L.123-1994, SEC.1; P.L.93-2024, SEC.174.

IC 24-6-3-17 Adoption of rules requiring posting notices concerning oxygenates at service stations; prohibition

Sec. 17. The state department may not adopt rules requiring the posting of notices concerning oxygenates on or near engine fuel dispensers located at retail service stations.

As added by P.L.123-1994, SEC.2.

Ch. 5 Containers for Agricultural Produce

IC 24-6-5-1 Repealed

Formerly: Acts 1923, c.44, s.1. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-2 Repealed

Formerly: Acts 1923, c.44, s.2. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-3 Repealed

Formerly: Acts 1923, c.44, s.3. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-4 Repealed

Formerly: Acts 1923, c.44, s.4. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-5 Repealed

Formerly: Acts 1923, c.44, s.5. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-6 Repealed

Formerly: Acts 1923, c.44, s.6. As amended by P.L.152-1986, SEC.92; P.L.2-1992, SEC.760. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-7 Repealed

Formerly: Acts 1923, c.44, s.7. As amended by P.L.152-1986, SEC.93; P.L.2-1992, SEC.761. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-8 Repealed

Formerly: Acts 1923, c.44, s.8. As amended by Acts 1978, P.L.2, SEC.2422. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-9 Repealed

Formerly: Acts 1923, c.44, s.9. As amended by P.L.152-1986, SEC.94. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-10 Repealed

Formerly: Acts 1923, c.44, s.10. As amended by P.L.152-1986, SEC.95. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-11 Repealed

Formerly: Acts 1923, c.44, s.11. Repealed by Acts 1978, P.L.2, SEC.2426.

IC 24-6-5-12 Duties of division of weights and measures

Sec. 12. It shall be the duty of the division of weights and measures of the Indiana department of health to enforce all the provisions of this chapter, and it shall prescribe such rules as it may find necessary for carrying into effect the provisions of this chapter, and shall cause such examinations and tests to be made as may be necessary in order to determine whether hampers, round stave baskets, splint baskets, climax baskets, and baskets or containers for berries or other small fruits and vegetables, or parts thereof, subject to this chapter, meet its requirements. For this purpose, the authorized officers and agents of the division of weights and measures may visit factories, stock rooms, and other places of business where such hampers, baskets, and containers, or parts thereof, are manufactured or held for sale or shipment, or offered for sale, and may enter cars, vessels, other vehicles, and places under the control of carriers engaged in the transportation of such hampers, baskets, and containers, or parts thereof, and may take samples of such hampers, baskets, and boxes, or parts thereof or, upon written request from the division of weights and measures or its authorized agents. Any manufacturers, shippers, carriers, or holders of such hampers, baskets, and containers or parts thereof shall furnish samples of such hampers, baskets, and containers, or parts thereof, as are required for the purpose of inspection as in this chapter provided.

Formerly: Acts 1923, c.44, s.12. As amended by P.L.152-1986, SEC.96; P.L.2-1992, SEC.762; P.L.56-2023, SEC.219.

IC 24-6-5-13 Official cooperation

Sec. 13. For carrying out the purpose of this chapter, the division of weights and measures of the Indiana department of health is authorized to cooperate with state, county, and municipal authorities, manufacturers, dealers, and shippers.

Formerly: Acts 1923, c.44, s.13. As amended by P.L.152-1986, SEC.97; P.L.2-1992, SEC.763; P.L.56-2023, SEC.220.

IC 24-6-5-14 Repealed

Formerly: Acts 1923, c.44, s.14. As amended by P.L.152-1986, SEC.98. Repealed by P.L.104-2003, SEC.10.

IC 24-6-5-15 Sale by weight or numerical count

Sec. 15. Nothing in this chapter shall be construed to permit sales by standard hampers, baskets, or containers without regard to weight or numerical count when required by law to be sold by weight or numerical count.

Formerly: Acts 1923, c.44, s.15. As amended by P.L.152-1986, SEC.99.

Ch. 6 Labeling Produce Containers

IC 24-6-6-1 Package defined

Sec. 1. The term "package" as used in this chapter shall be construed to mean any container which is used for the transportation of or sale of fruits and vegetables within the state.

Formerly: Acts 1935, c.65, s.1. As amended by P.L.152-1986, SEC.100.

IC 24-6-6-2 Fruit and vegetable containers; packing requirements

Sec. 2. Every person, firm, limited liability company, or corporation who, by himself or by his agent or employee, packs or repacks fresh fruits or vegetables in containers intended for sale, either privately or on the open market, shall cause the same to be marked in a plain and indelible manner, as follows:

(1) With his full name and address, including the name of the state where such fresh fruits and vegetables are grown or packed.

(2) The net contents, by weight, if not in a standard container built in accordance with the specifications of the federal or state standard container act, in which case the cubical contents shall be sufficient.

(3) The grade, in accordance with the standards established by this act.

All markings shall be in letters not less than one-half (1/2) of an inch in height.

Formerly: Acts 1935, c.65, s.2. As amended by P.L.152-1986, SEC.101; P.L.8-1993, SEC.370.

IC 24-6-6-3 Unlawful sales

Sec. 3. No person shall sell, offer for sale, expose, or have in his possession for sale, either privately or on the open market, any fresh fruits or vegetables packed in containers and intended for sale, unless such containers are marked in accordance with the provisions of this chapter.

Formerly: Acts 1935, c.65, s.3. As amended by P.L.152-1986, SEC.102.

IC 24-6-6-4 Prohibition against certain markings

Sec. 4. No person shall sell, offer, expose or have in his possession for sale, any fresh fruits or vegetables, packed in any package, upon which package is marked any designation which represents such fruit as "No. 1," "Finest," "Best", "Extra Good", "Fancy," "Selected," "Prime," "Standard," or other name denoting superior grade or quality, unless such fruit or vegetables consist of well-grown specimens, sound, of nearly uniform size, normal shape, good color for the variety, and not less than ninety per cent (90%) free from injurious or disfiguring bruises, diseases, insect injuries or other defects, natural deterioration and decay in transit or storage excepted.

Formerly: Acts 1935, c.65, s.4.

IC 24-6-6-5 Misrepresentation by package

Sec. 5. No person shall sell, offer or have in his possession for sale, either privately or on the open market, packed in any package in which the face or shown surface gives a false representation of the contents of such package, and it shall be considered a false representation if such face shows more than ten per cent (10%), by count, or weight, larger in size or superior in grade to or different in variety than the remaining portion of the package, natural deterioration and decay in transit or storage excepted.

Formerly: Acts 1935, c.65, s.5.

IC 24-6-6-6 Used containers; marking requirements

Sec. 6. When fruits and vegetables, packed in used containers, are offered for sale carrying any markings pertaining to the previous contents, the words "not original contents," shall be conspicuously marked, labeled, or tagged on the outside of each container in letters not less than one-fourth (1/4) of one (1) inch in height.

Formerly: Acts 1935, c.65, s.6.

IC 24-6-6-7 Commodities packed in another state; exception

Sec. 7. Fruits and vegetables packed in original containers and graded according to the legal grades of the state wherein they originated shall be exempt from the provisions of this chapter provided such packages are marked with the grade, grower or distributor, and address, and the state wherein grown, and providing the grades of such state are the equivalent to or are more rigid than the federal grade.

Formerly: Acts 1935, c.65, s.7. As amended by P.L.152-1986, SEC.103.

IC 24-6-6-8 Repacking procedure; shipping requirements

Sec. 8. (a) Fruits and vegetables originating outside of the state of Indiana, and which are repacked within the state, shall have the name of the repacker or distributor and the name of the state where the product originated clearly marked on the package, in letters not less than one-half (1/2) inch in height.

(b) Fruits and vegetables originating outside of the state of Indiana which are transported by motor vehicles or by railroad cars, whether shipped in bulk or in containers, shall be accompanied by a certificate showing that such fruit or vegetables comply in all respects with the requirements of the state and federal laws and the several rules and regulations issued thereunder by the properly constituted state and federal agencies.

Formerly: Acts 1935, c.65, s.8.

IC 24-6-6-9 Enforcement of chapter

Sec. 9. The Indiana department of health, its division of weights and measures, food inspectors, sealers of weights and measures, and agents are hereby charged with the enforcement of the provisions of this chapter. It shall be the duty of every prosecuting attorney to whom the Indiana department of health or any of its agents shall report any violation of the provisions of this chapter to cause proceedings to be commenced against the person or persons so violating the provisions of this chapter and to prosecute the same to final termination.

Formerly: Acts 1935, c.65, s.9. As amended by P.L.152-1986, SEC.104; P.L.2-1992, SEC.764; P.L.56-2023, SEC.221.

IC 24-6-6-10 Products in transit

Sec. 10. This chapter shall not apply to products in transit from point of origin to place of processing, or further grading or conditioning.

Formerly: Acts 1935, c.65, s.10. As amended by P.L.152-1986, SEC.105.

IC 24-6-6-11 Violations

Sec. 11. A person who violates this chapter commits a Class C misdemeanor.

Formerly: Acts 1935, c.65, s.11. As amended by Acts 1978, P.L.2, SEC.2423.

IC 24-6-6-12 Federal grading

Sec. 12. Federal grades, with any additions or changes, as well as any grades covering additional products, are hereby adopted by the state of Indiana and shall be applied under the terms of this chapter.

Formerly: Acts 1935, c.65, s.12. As amended by P.L.152-1986, SEC.106.

Ch. 8 Standard Weights for Certain Grain Products

IC 24-6-8-1 Standard weights; violation; exceptions

Sec. 1. It is a Class C infraction for a person to pack for sale, sell, offer, or expose for sale any of the following commodities except in containers of net avoirdupois weights of five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of one hundred (100) pounds: Wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits. However, this section does not apply to (1) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, (2) the sale of flours and meals to commercial bakers or blenders in containers of more than one hundred (100) pounds, (3) the sale of flours and meals for export, (4) flours, meals, hominy and hominy grits packed in containers the net contents of which are less than three (3) pounds, or (5) the exchange of wheat for flour by mills grinding for toll.

Formerly: Acts 1945, c.150, s.1; Acts 1947, c.130, s.1. As amended by Acts 1978, P.L.2, SEC.2425.

IC 24-6-8-2 Repealed

Formerly: Acts 1945, c.150, s.2. Repealed by Acts 1978, P.L.2, SEC.2426.

Ch. 9 Grades for Sweet Potatoes

IC 24-6-9-1 Indiana grades for sweet potatoes

Sec. 1. The following grades for sweet potatoes are hereby established and shall be known as the Indiana Grades for sweet potatoes.

Grade No. 1 shall consist of cured sweet potatoes from warm air storage, shall be not less than one and one-half (1 1/2) inches and not more than three and one-half (3 1/2) inches in diameter, and not less than four (4) inches and not more than eleven (11) inches in length, but the length may be less than four (4) inches if the diameter is two and one-fourth (2 1/4) inches or more. Sweet potatoes which are graded at the time they are dug shall be not less than one and three-fourths (1 3/4) inches and not more than four (4) inches in diameter. All sweet potatoes classed as grade No. 1 sweet potatoes shall be sound, of similar varietal characteristics, practically free from dirt or other foreign matter, frost injury, decay, bruises, cuts, scars, cracks and damage caused by heat, disease, insects or mechanical or other means. For the purposes of allowing for variations incident to commercial grading and handling, five per cent (5%) by weight, of any lot may not meet the requirements as to diameter and length, and, in addition, six per cent (6%) by weight may be below the other requirements of this grade.

Grade No. 2 shall consist of sound sweet potatoes, of similar varietal characteristics, not meeting the requirements of grade No. 1, which are free from serious damage caused by dirt or other foreign matter, frost injury, decay, bruises, cuts, scars, cracks, heat, disease, insects or mechanical or other means. Cured or dried sweet potatoes classified as grade No. 2 shall be not less than one (1) inch and not more than one and one-half (1 1/2) inches in diameter. Green sweet potatoes shall be not less than one and one-half (1 1/2) inches and not more than two (2) inches in diameter. For the purpose of allowing for variations incident to commercial grading and handling, five per cent (5%) by weight, of any lot of cured or dried sweet potatoes may not meet the requirements as to diameter and length, and, in addition, six per cent (6%) by weight, may be below the other requirements of this grade; and five per cent (5%) by weight, of any lot of green sweet potatoes may not meet the requirements as to diameter and length.

Formerly: Acts 1925, c.136, s.1.

Art. 7 Rental Purchase Agreements

Ch. 1 Application

IC 24-7-1-0.1 Application of article

Sec. 0.1. The addition of this article by P.L.254-1987 does not apply to rental purchase agreements consummated before September 1, 1987.

As added by P.L.220-2011, SEC.399.

IC 24-7-1-1 Rental purchase agreements affected; lessee's residence

Sec. 1. (a) This article applies to a rental purchase agreement if:

(1) the rental purchase agreement is entered into in Indiana;

(2) the lessee is a resident of Indiana at the time a lessor offering the rental purchase agreement solicits the rental purchase agreement or a modification of the rental purchase agreement by any mode of communication; or

(3) the lessee is a resident of Indiana at the time the lessor offering a rental purchase agreement receives either a signed writing evidencing the creation or modification of a rental purchase agreement or a written offer from the lessee to enter into or modify a rental purchase agreement.

(b) For the purposes of this article, the residence of a lessee is the address given by the lessee as the lessee's residence in any writing signed by the lessee in connection with a rental purchase agreement. Until the lessee notifies the lessor of a new or different residence address, the given residence address is presumed to be unchanged.

As added by P.L.254-1987, SEC.1.

IC 24-7-1-2 Inapplicable law

Sec. 2. Except as provided in this article, the provisions of:

(1) the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) and regulations adopted under that act;

(2) IC 37-2;

(3) IC 26-1-1-201(37);

(4) IC 26-1-2 concerning the creation of a security interest in property;

(5) IC 26-1-9.1; and

(6) rules adopted under the statutes described in subdivisions (2) through (5);

do not apply to a rental purchase agreement.

As added by P.L.254-1987, SEC.1. Amended by P.L.57-2000, SEC.10; P.L.159-2017, SEC.20; P.L.115-2026, SEC.35.

IC 24-7-1-3 Waiver of statutory protections; settlement

Sec. 3. Except as provided in this article, a lessor or lessee may not waive or agree to forego rights or benefits under this article. However, this article does not prohibit the settlement of a claim under this article.

As added by P.L.254-1987, SEC.1.

IC 24-7-1-4 Legal and equitable principles applicable

Sec. 4. Except as provided in this article, this article does not limit the application of the principles of law and equity to a rental purchase agreement.

As added by P.L.254-1987, SEC.1.

IC 24-7-1-5 Prohibited agreements; disguised consumer credit sales

Sec. 5. (a) Rental purchase agreements involving:

(1) motor vehicles (as defined in IC 9-13-2-105(a)), including:

(A) component parts (as defined in IC 9-13-2-34);

(B) major component parts (as defined in IC 9-13-2-95); and

(C) any other parts (as defined in IC 9-13-2-122) other than:

(i) wheels;

(ii) rims; and

(iii) tires;

necessary to operate a motor vehicle;

(2) other titled property; or

(3) live domestic animals (as defined in IC 34-30-30-1);

are prohibited under this article.

(b) If the director determines that a transaction described in IC 24-7-2-9(a) involves the application of subterfuge for the purpose of avoiding the application of the Uniform Consumer Credit Code (IC 37-2), the director may treat the transaction as a disguised consumer credit sale that is subject to IC 37-2. A determination by the director under this subsection:

(1) must be in writing;

(2) shall be delivered to all parties in the transaction; and

(3) is subject to IC 4-21.5-3.

As added by P.L.138-1990, SEC.3. Amended by P.L.2-1991, SEC.85; P.L.63-2001, SEC.5 and P.L.134-2001, SEC.5; P.L.213-2007, SEC.28; P.L.217-2007, SEC.27; P.L.176-2019, SEC.28; P.L.115-2026, SEC.36.

IC 24-7-1-6 Inapplicability to rental of musical instruments through programs at schools

Sec. 6. This article does not apply to the rental of a musical instrument through a program offered at an elementary or a secondary school with the approval of the school.

As added by P.L.90-2008, SEC.19. Amended by P.L.35-2010, SEC.89.

IC 24-7-1-7 Inapplicability to rental purchase of a dwelling

Sec. 7. This article does not apply to the rental purchase of a dwelling (as defined in IC 37-1-2-15), regardless of whether the dwelling is assessed as real or personal property for property tax purposes.

As added by P.L.89-2011, SEC.23. Amended by P.L.115-2026, SEC.37.

Ch. 2 Definitions

IC 24-7-2-1 Applicability of definitions

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.254-1987, SEC.1.

IC 24-7-2-2 "Department"

Sec. 2. "Department" has the meaning set forth in IC 37-2-2-15.7.

As added by P.L.254-1987, SEC.1. Amended by P.L.14-1992, SEC.62; P.L.115-2026, SEC.38.

IC 24-7-2-2.5 "Consumer Credit Protection Act"

Sec. 2.5. "Consumer Credit Protection Act" has the meaning set forth in IC 37-2-2-11.

As added by P.L.159-2017, SEC.21. Amended by P.L.115-2026, SEC.39.

IC 24-7-2-3 "Consummation"

Sec. 3. "Consummation" means the time or date on which the lessee signs a rental purchase agreement.

As added by P.L.254-1987, SEC.1.

IC 24-7-2-3.5 "Initial rental payment"

Sec. 3.5. "Initial rental payment" means any up-front payment:

(1) that is made by a lessee to a lessor, or to an agent acting on behalf of a lessor, for property under a rental purchase agreement;

(2) that includes a rental payment that permits the lessee's use of the property for the initial rental period;

(3) that may be in an amount that is larger than a regular rental payment due under the rental purchase agreement; and

(4) that may include one (1) or more of the following:

(A) An amount intended to be paid toward the rental or ownership of the property that is the subject of the rental purchase agreement.

(B) Additional charges permitted under IC 24-7-5, including any of the following:

(i) A nonrefundable processing fee or a delivery charge.

(ii) Sales and use taxes.

(iii) Official fees.

(iv) An optional liability waiver fee for the initial rental period.

(v) A security deposit.

As added by P.L.176-2019, SEC.29.

IC 24-7-2-4 Repealed

As added by P.L.254-1987, SEC.1. Repealed by P.L.159-2017, SEC.22.

IC 24-7-2-5 "Lessee"

Sec. 5. "Lessee" means an individual who rents property under a rental purchase agreement.

As added by P.L.254-1987, SEC.1.

IC 24-7-2-6 "Lessor"

Sec. 6. "Lessor" means an individual or other person who, in the ordinary course of business:

(1) leases;

(2) offers to lease;

(3) arranges for the leasing of; or

(4) accepts assignments of leases of;

property under a rental purchase agreement.

As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.4.

IC 24-7-2-7 "Period"

Sec. 7. "Period" means a day, week, month, or other subdivision of a year.

As added by P.L.254-1987, SEC.1.

IC 24-7-2-8 "Property"

Sec. 8. "Property" means any property that:

(1) is not real property or intangible personal property under Indiana law;

(2) is used or intended for use by an individual primarily for personal, family, or household purposes;

(3) a lessor holds complete and total ownership of, or ownership rights to; and

(4) is made available by a lessor to a lessee under a rental purchase agreement.

As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.30.

IC 24-7-2-8.5 "Regular rental payment"

Sec. 8.5. "Regular rental payment" means a periodic payment in a fixed amount that permits a lessee's use of property under a rental purchase agreement for a specific time after the initial rental period.

As added by P.L.176-2019, SEC.30.

IC 24-7-2-9 "Rental purchase agreement"

Sec. 9. (a) "Rental purchase agreement" means an agreement between a lessor and a lessee that:

(1) permits a lessee's use of property for a specified time;

(2) has an initial period of four (4) months or less;

(3) is automatically renewable with each rental payment; and

(4) permits the lessee to become the owner of the property.

(b) The term includes:

(1) an agreement; or

(2) a transaction;

that the director determines to be a rental purchase agreement, despite efforts by a person to structure the transaction in a manner that the director determines is being used to avoid application of this article.

As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.5; P.L.213-2007, SEC.29; P.L.217-2007, SEC.28; P.L.69-2018, SEC.31.

Ch. 3 Disclosures; Form of Rental Purchase Agreement

IC 24-7-3-1 Written agreement

Sec. 1. The lessor shall reduce a rental purchase agreement to writing.

As added by P.L.254-1987, SEC.1.

IC 24-7-3-2 Alternate disclosure requirements

Sec. 2. A lessor shall disclose to a lessee the information required under section 3 of this chapter. However, if the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended to govern lease-purchase disclosures, the lessor may disclose the information required under the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) instead of the disclosures required under this chapter.

As added by P.L.254-1987, SEC.1. Amended by P.L.159-2017, SEC.23.

IC 24-7-3-3 Required disclosures

Sec. 3. The lessor shall disclose the following:

(1) A brief description of the property sufficient to identify the property to the lessee and lessor.

(2) The total number, total amount, and timing of all rental payments necessary to acquire ownership of the property, including:

(A) any initial payment, less any:

(i) optional liability waiver fees under IC 24-7-5-11;

(ii) optional products and services offered contemporaneously with the rental purchase agreement under IC 24-7-8-6; and

(iii) security deposit, if required;

(B) all regular rental payments; and

(C) taxes paid to or through the lessor.

(3) A statement that the lessee will not own the property until the lessee has:

(A) made all regular rental payments, as well as any initial rental payment, necessary to acquire ownership of the property; or

(B) exercised an early purchase option.

(4) A statement that charges in addition to the total rental payments necessary to acquire ownership of the leased property may be imposed under the agreement and that the lessee should read the contract for an explanation of these charges.

(5) A brief explanation of all additional charges that may be imposed under the agreement. If a security deposit is required, the explanation must include an explanation of the conditions under which the deposit will be returned to the lessee.

(6) A statement indicating who is responsible for property if it is lost, stolen, damaged, or destroyed.

(7) A statement indicating that the value of lost, stolen, damaged, or destroyed property is its fair market value on the date that it is lost, stolen, damaged, or destroyed.

(8) A statement indicating whether the property is new or used. However, property that is new may be described as used.

(9) A statement that the lessee has an early purchase option to purchase the property at any time during the period that the rental purchase agreement is in effect. The statement must specify the price or the formula or other method for determining the price at which the property may be purchased.

(10) A brief explanation of the lessee's right to reinstate a rental purchase agreement and a description of the amount, or method of determining the amount, of any penalty or other charge applicable under IC 24-7-5 to the reinstatement of a rental purchase agreement.

(11) An itemization of all charges and fees included in any initial rental payment.

As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.32; P.L.29-2022, SEC.7.

IC 24-7-3-4 Form of disclosures

Sec. 4. (a) The disclosures required under section 3 of this chapter shall be stated:

(1) clearly and conspicuously; and

(2) in words and phrases that have a nontechnical meaning.

(b) Except as provided in the rules adopted by the department, the disclosures required under section 3 of this chapter may be included in the rental purchase agreement or in a separate writing that references the rental purchase agreement.

(c) Except as provided in the rules adopted by the department, the disclosures required under section 3 of this chapter may be provided in a different sequence than the sequence set forth in section 3 of this chapter.

(d) Additional information or explanations supplied by the lessor may not have the effect of circumventing, evading, or unduly complicating the information required to be disclosed.

As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.10.

IC 24-7-3-5 Time of disclosure

Sec. 5. The lessor shall disclose all information required in section 3 of this chapter before the rental purchase agreement is consummated.

As added by P.L.254-1987, SEC.1.

IC 24-7-3-6 Copy of written and signed agreement to lessee

Sec. 6. The lessor shall obtain the signature of the lessee on the writing containing the terms of the rental purchase agreement and shall furnish the lessee with a copy of the written and signed rental purchase agreement at the time of consummation of the agreement. If there is more than one (1) lessee in a rental purchase agreement, delivery of a copy of the rental purchase agreement to one (1) of the lessees is sufficient to comply with this section.

As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.33; P.L.176-2019, SEC.31.

IC 24-7-3-7 Size of print

Sec. 7. The terms of the rental purchase agreement shall be set forth in not less than 8 point type.

As added by P.L.254-1987, SEC.1.

IC 24-7-3-8 Rental payment receipts

Sec. 8. The lessor shall furnish the lessee, without request by the lessee, a written receipt for each initial rental payment and any subsequent regular rental payment made:

(1) in cash; or

(2) by another method of rental payment that does not provide evidence of the rental payment.

As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.34.

Ch. 4 Limitations

IC 24-7-4-1 Lessee's acquisition of ownership

Sec. 1. At any time after a rental purchase agreement is consummated, the lessee may acquire ownership of the property under the terms specified in the rental purchase agreement.

As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.35; P.L.176-2019, SEC.32.

IC 24-7-4-1.5 Repealed

As added by P.L.69-2018, SEC.36. Repealed by P.L.176-2019, SEC.33.

IC 24-7-4-2 Contractual abridgement of rights and duties

Sec. 2. A rental purchase agreement may not contain a provision that conflicts with the rights and duties imposed under this article.

As added by P.L.254-1987, SEC.1.

IC 24-7-4-3 Assignment of earnings as payment

Sec. 3. (a) A lessor may not accept an assignment of earnings from the lessee for payment or as security for payment for a charge arising under a rental purchase agreement.

(b) An assignment of earnings in violation of this section is unenforceable by the assignee of the earnings and revocable by the lessee.

(c) This section does not prohibit a lessee from authorizing deductions from the lessee's earnings if the authorization is revocable and is otherwise permitted by law.

As added by P.L.254-1987, SEC.1.

IC 24-7-4-4 Acceptance of authorization on behalf of lessee waiving service of process, confessing judgment, or enforcing payment

Sec. 4. A lessor may not take or accept a power of attorney or other authorization from the lessee, or other person acting on the lessee's behalf, to waive service of process, confess judgment, or enforce payment of money claimed by the lessor in violation of IC 34-54-3 or IC 34-54-4.

As added by P.L.254-1987, SEC.1. Amended by P.L.1-1998, SEC.130.

IC 24-7-4-5 Required waiver of lessee's defenses, counterclaims, or rights of action in collecting payments or charges

Sec. 5. A lessor may not require a lessee to waive any defense, counterclaim, or right of action against:

(1) the lessor; or

(2) a person acting on the lessor's behalf, as the lessee's agent;

in collection of rental payments or charges under the rental purchase agreement.

As added by P.L.254-1987, SEC.1.

IC 24-7-4-6 Repossession limited

Sec. 6. A lessor may not require a lessee to authorize the lessor or a person acting on the lessor's behalf to unlawfully enter upon the lessee's premises or to commit any breach of the peace in the repossession of the property.

As added by P.L.254-1987, SEC.1.

IC 24-7-4-7 Prejudgment garnishment

Sec. 7. A lessor may not require a lessee to authorize a prejudgment garnishment of the lessee's wages.

As added by P.L.254-1987, SEC.1.

IC 24-7-4-8 Repealed

As added by P.L.254-1987, SEC.1. Repealed by P.L.45-1995, SEC.33.

IC 24-7-4-9 Assignee of lessor's rights; lessee's rights against assignee; contractual abridgement of lessee's claims or defenses

Sec. 9. (a) With respect to a rental purchase agreement, an assignee of the rights of the lessor is subject to all claims and defenses of the lessee against the lessor arising from the lease of property or services.

(b) A claim or defense of a lessee specified in subsection (a) may be asserted against the assignee under this section only if the lessee has made a good faith attempt to obtain satisfaction from the lessor with respect to the claim or defense and then only to the extent of the amount owing the assignee with respect to the sale or the lease of the property or services to which the claim or defense arose at the time the assignee has written notice of the claim or defense. Written notice of the claim or defense may be given before the attempts specified in this subsection. For the purposes of this subsection, written notice is any written notification other than notice on a coupon, billing statement, or any other payment medium or material supplied by the assignee.

(c) An agreement may not limit or waive the claims or defenses of a lessee under this section.

As added by P.L.254-1987, SEC.1. Amended by P.L.45-1995, SEC.18.

IC 24-7-4-10 Notice and proof of assignment

Sec. 10. (a) The lessee may pay the original lessor until the lessee receives written notification:

(1) that assignment of the rights to rental payments under the rental purchase agreement has occurred; and

(2) of the person to whom rental payments are to be made.

(b) A notification that does not reasonably identify the rights assigned is ineffective.

(c) If requested by the lessee, the assignee must take reasonable steps to furnish proof that the assignment has been made. Unless the assignee furnishes the proof, the lessee may pay the original lessor.

As added by P.L.254-1987, SEC.1.

IC 24-7-4-11 Prohibited acts; additional payments; payments exceeding acquisition cost; payments to third parties

Sec. 11. Except as provided in section 1 of this chapter, a lessor shall not require or permit a lessee to:

(1) make any payment in addition to an initial rental payment and regular rental payments in order to acquire ownership of the property;

(2) pay rental payments totaling more than the cost to acquire ownership stated in the rental purchase agreement; or

(3) make any payment to a third party as a condition to entering into a rental purchase agreement.

As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.37.

IC 24-7-4-12 Mandatory insurance; early termination of agreement or item return penalties; fees or charges imposed on cosigner

Sec. 12. A lessor may not require any of the following:

(1) The mandatory purchase of insurance by the lessee from the lessor.

(2) A penalty for early termination of a rental purchase agreement or for the return of an item at any point, except charges authorized under IC 24-7-5.

(3) A payment by a cosigner of the rental purchase agreement for any fees or charges that may not be imposed on the lessee as part of the rental purchase agreement.

As added by P.L.254-1987, SEC.1.

IC 24-7-4-13 Acceptance and application of payments; payments exceeding scheduled amount due

Sec. 13. (a) Except as provided in subsection (b), a lessor may not accept payment from a lessee and hold the amount of the payment in a reserve account for future payments. Any amounts paid by a lessee must be applied:

(1) as an initial rental payment;

(2) as a regular rental payment; or

(3) to an accrued additional charge under IC 24-7-5.

(b) If a lessee makes a payment that exceeds the sum of the scheduled regular rental payment and any permitted additional charges that are due, the lessor may hold the excess funds in a reserve account subject to the following conditions:

(1) The balance of the lessee's reserve account may not exceed the amount of the next scheduled regular rental payment.

(2) If the balance in the lessee's reserve account reaches the limit specified in subdivision (1), the lessor shall apply the funds to the lessee's next scheduled regular rental payment.

(c) This section may not be construed to preclude a lessor from accepting and applying:

(1) an initial rental payment; or

(2) multiple regular rental payments;

before the rental payments' scheduled due dates.

As added by P.L.35-2010, SEC.90. Amended by P.L.69-2018, SEC.38.

Ch. 5 Additional Charges

IC 24-7-5-1 Nonrefundable processing fee

Sec. 1. A lessor may contract for and receive an initial nonrefundable processing fee not to exceed ten dollars ($10).

As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.6.

IC 24-7-5-2 Security deposit refunds

Sec. 2. A lessor may refuse to refund any part of a security deposit provided by a lessee only under the conditions authorized in the rental purchase agreement.

As added by P.L.254-1987, SEC.1.

IC 24-7-5-3 Delivery charges

Sec. 3. (a) A lessor may contract for and receive a reasonable delivery charge if the lessor actually delivers the item to the lessee at a place other than the lessor's place of business.

(b) The delivery charge may be assessed in lieu of and not in addition to any initial processing charge imposed under section 1 of this chapter.

As added by P.L.254-1987, SEC.1.

IC 24-7-5-4 Rental payment pickup charges

Sec. 4. (a) A lessor may contract for and receive a charge for picking up rental or other payments from the lessee if the lessor is required or requested to visit the lessee to pick up a payment at a place other than the lessor's place of business.

(b) A charge assessed under this section may not exceed ten dollars ($10).

As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.7.

IC 24-7-5-5 Late charges or delinquency fees

Sec. 5. (a) The parties to a rental purchase agreement may contract for late charges or delinquency fees as follows:

(1) For agreements with monthly renewal dates, a late charge not exceeding eight dollars ($8) may be assessed on any rental payment not made within five (5) days after:

(A) the renewal date for the agreement; or

(B) the return of the property is required under the rental purchase agreement.

(2) For agreements with weekly or biweekly renewal dates, a late charge not exceeding the amount specified in subsection (e) may be assessed on any rental payments not made within two (2) days after:

(A) the renewal date for the agreement; or

(B) the return of the property is required under the agreement.

(b) A late charge on a rental purchase agreement may be assessed only once on any accrued regular rental payment, no matter how long it remains unpaid.

(c) A late charge may be collected at any time after it accrues.

(d) A late charge may not be assessed against a regular rental payment that is timely made, even though an earlier late charge has not been paid in full.

(e) The amount that may be assessed under subsection (a)(2) is as follows:

(1) Three dollars ($3) for any payment not greater than twenty dollars ($20).

(2) Five dollars ($5) for any payment greater than twenty dollars ($20).

As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.8; P.L.14-1992, SEC.63; P.L.213-2007, SEC.30; P.L.217-2007, SEC.29; P.L.69-2018, SEC.39; P.L.176-2019, SEC.34.

IC 24-7-5-5.5 Returned payment fee

Sec. 5.5. A lessor may contract for and charge a returned payment fee not to exceed twenty-five dollars ($25) for each return by a bank or other depository institution of a dishonored check, electronic funds transfer, negotiable order of withdrawal, or share draft issued by the lessee.

As added by P.L.213-2007, SEC.31; P.L.217-2007, SEC.30. Amended by P.L.69-2018, SEC.40.

IC 24-7-5-6 Reinstatement fee

Sec. 6. A reinstatement fee imposed under IC 24-7-6-2 may not exceed five dollars ($5).

As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.9.

IC 24-7-5-7 Sales and use taxes

Sec. 7. In addition to those charges allowable by this chapter, the lessor may require the lessee to pay any state sales and use taxes levied in connection with a rental purchase agreement.

As added by P.L.254-1987, SEC.1.

IC 24-7-5-8 Official fees

Sec. 8. In addition to those charges allowable by this chapter, a lessor may contract for and receive from the lessee an amount equal to all official fees required to be paid under a rental purchase agreement.

As added by P.L.254-1987, SEC.1.

IC 24-7-5-10 Liability of lessee for replacement cost of leased property; fair market value

Sec. 10. (a) If a lessee is liable to a lessor for the replacement cost of property leased under a rental purchase agreement, the lessor may not charge the lessee more than the fair market value for the property.

(b) For purposes of subsection (a), fair market value shall be determined by the lessor in the same manner, and using the same method, that would apply if the lessee were exercising an early purchase option under the rental purchase agreement.

As added by P.L.138-1990, SEC.10. Amended by P.L.69-2018, SEC.41.

IC 24-7-5-11 Liability damage waivers; fee; prohibitions and requirements

Sec. 11. (a) In addition to the other charges permitted by this chapter, for a period during which the lessor relieves the lessee of liability under a liability waiver, a lessor and a lessee may contract for a liability waiver fee in the following amounts:

(1) In the case of a rental purchase agreement with weekly or biweekly renewal dates, the liability waiver fee may not exceed the greater of:

(A) ten percent (10%) of the periodic lease payment disclosed under IC 24-7-3-3(2); or

(B) two dollars ($2).

(2) In the case of a rental purchase agreement with monthly renewal dates, the liability waiver fee may not exceed the greater of:

(A) ten percent (10%) of the periodic lease payment disclosed under IC 24-7-3-3(2); or

(B) five dollars ($5).

(b) The selling or offering for sale of a liability damage waiver under this section is subject to the following prohibitions and requirements:

(1) A lessor may not sell or offer to sell a liability damage waiver unless all restrictions, conditions, and exclusions are:

(A) printed in the rental purchase agreement, or in a separate agreement, in 8 point type or larger; or

(B) written in ink or typewritten in or on the face of the rental purchase agreement in a blank space provided therefor.

(2) The liability damage waiver may exclude only loss or damage to the property that is the subject of the rental purchase agreement caused by moisture, scratches, mysterious disappearance, vandalism, abandonment of the property, or any other damage intentionally caused by the lessee or that results from the lessee's willful or wanton misconduct.

(3) The liability damage waiver agreement must include a statement of the total charge for the liability damage waiver. The liability damage waiver agreement must display in 8 point boldface type the following:

"NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A LIABILITY DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE PROPERTY. BEFORE DECIDING WHETHER TO PURCHASE THE LIABILITY DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN HOMEOWNERS OR CASUALTY INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL PROPERTY, AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS LIABILITY DAMAGE WAIVER IS NOT MANDATORY AND MAY BE DECLINED.".

(4) The restrictions, conditions, and exclusions of the liability damage waiver must be disclosed on the agreement or on a separate agreement, sheet, or handout given to the lessee before entering into the rental purchase agreement. The separate contract, sheet, or handout must be signed or otherwise acknowledged by the lessee as being received before entering into the rental purchase agreement.

(5) The lessor shall keep and maintain records as prescribed by the director of the department. The director of the department may inspect the records and determine whether the rates charged under this section are fair and reasonable.

As added by P.L.42-1993, SEC.17. Amended by P.L.172-1997, SEC.11; P.L.137-2014, SEC.19; P.L.186-2015, SEC.26.

IC 24-7-5-12 Fee for accepting rental payments by telephone

Sec. 12. (a) A lessor may contract for and receive a fee for accepting rental payments by telephone in connection with a rental purchase agreement, if all of the following conditions are met:

(1) The fee is assessed only upon request by the lessee for the underlying payment by telephone service.

(2) The payment by telephone service is not established in advance, under the rental purchase agreement or otherwise, as the expected method for making rental payments under the rental purchase agreement.

(3) The fee does not exceed three dollars ($3).

(4) The lessee retains the right to make rental payments by payment methods in connection with which no additional fee would be assessed or incurred (including in-person payments and payments by mail) as a result of such alternative payment methods.

(5) The fee is contracted for and disclosed by the lessor in the rental purchase agreement.

(6) The lessor posts a sign at each store location disclosing to existing and prospective lessees:

(A) the amount of the fee;

(B) the lessee's right and option to make rental payments by alternative payment methods and not be assessed or incur an additional fee; and

(C) the alternative payment methods offered by the lessor in connection with which no additional fee would be assessed or incurred.

(7) The lessor's books and records provide an audit trail sufficient to allow the department and its examiners to confirm the lessee's compliance with the conditions listed in subdivisions (1) through (6).

(b) A fee may not be charged under this section unless there is interaction between a live employee or representative of the lessor and the lessee.

As added by P.L.222-2013, SEC.4. Amended by P.L.85-2020, SEC.18; P.L.159-2020, SEC.69.

Ch. 6 Reinstatement; Garnishment; Unconscionable Agreements

IC 24-7-6-1 Reinstatement of original agreement; conditions

Sec. 1. A lessee who fails to make timely rental payments has the right to reinstate the original rental purchase agreement under the original terms of the agreement without losing any rights or options previously acquired under the rental purchase agreement and without additional charges or penalties, except charges or penalties authorized under section 2 of this chapter, if:

(1) subsequent to having failed to make a timely rental payment, the lessee surrenders the property to the lessor not later than seven (7) days after the date the lessor requests the property be surrendered; and

(2) not more than one hundred twenty (120) days elapse after the date the lessee surrenders the property.

As added by P.L.254-1987, SEC.1. Amended by P.L.222-2013, SEC.5.

IC 24-7-6-2 Charges allowed as condition precedent to reinstatement

Sec. 2. (a) As a condition precedent to reinstatement of the rental purchase agreement, a lessor may charge:

(1) the outstanding balance of any accrued regular rental payments, returned payment fees, and delinquency charges;

(2) a reinstatement fee not exceeding the amount allowed under IC 24-7-5-6; and

(3) delivery charges not exceeding the amounts allowed under IC 24-7-5-3 if redelivery of the item is necessary.

(b) A reinstatement fee may not be charged under subsection (a)(2) unless the property has been returned to the lessor and is in the lessor's possession.

As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.11; P.L.69-2018, SEC.42; P.L.176-2019, SEC.35.

IC 24-7-6-3 Same or substituted leased item upon reinstatement; revised disclosures

Sec. 3. If reinstatement occurs under sections 1 through 2 of this chapter, the lessor shall provide the lessee with either the same item leased by the lessee before reinstatement or a substitute item of comparable quality and condition. If any information disclosed under IC 24-7-3-2 is inaccurate after the delivery of a substitute item, the lessor shall provide the lessee with a revised set of disclosures. If there is more than one (1) lessee in a rental purchase agreement, delivery of a copy of the revised set of disclosures to one (1) of the lessees is sufficient to comply with this section.

As added by P.L.254-1987, SEC.1.

IC 24-7-6-4 Prejudgment garnishment proceedings

Sec. 4. (a) IC 37-2-6-4 and IC 37-2-6-5 apply to garnishments related to a rental purchase agreement.

(b) With respect to a debt arising from a rental purchase agreement, regardless of where made, the lessor may not attach unpaid earnings of the debtor by garnishment proceedings or other similar proceedings before the entry of a judgment in an action against the lessee arising from a rental purchase agreement.

As added by P.L.254-1987, SEC.1. Amended by P.L.115-2026, SEC.40.

IC 24-7-6-5 Unconscionable agreements

Sec. 5. (a) If the court as a matter of law finds the rental purchase agreement or any clause of a rental purchase agreement to have been unconscionable at the time it was made the court may:

(1) refuse to enforce the rental purchase agreement;

(2) enforce the remainder of the rental purchase agreement without the unconscionable clause; or

(3) limit the application of any unconscionable clause to avoid an unconscionable result.

(b) If it is claimed or appears to the court that a rental purchase agreement or any clause of the rental purchase agreement may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.

(c) For the purposes of this section, a rental payment, charge, or practice expressly permitted by this article is not in itself unconscionable.

As added by P.L.254-1987, SEC.1.

Ch. 7 Enforcement; Adjustment in Maximum Fees

IC 24-7-7-1 Enforcement by department; civil penalty

Sec. 1. (a) The department shall enforce this article. To carry out this responsibility, the department may do the following:

(1) Receive and act on complaints, take action designed to obtain voluntary compliance with this article, or commence proceedings on the department's own initiative.

(2) Issue and enforce administrative orders under IC 4-21.5.

(3) Counsel persons and groups on their rights and duties under this article.

(4) Establish programs for the education of consumers with respect to rental purchase agreement practices and problems.

(5) Make studies appropriate to effectuate the purposes and policies of this article and make the results available to the public.

(6) Adopt rules under IC 4-22-2 to carry out this article.

(7) Maintain more than one (1) office within Indiana.

(8) Bring a civil action to restrain a person from violating this article and for other appropriate relief, and exercise the same enforcement powers provided under IC 37-2-7-9.

(9) Require a lessor to refund to the lessee any overcharges resulting from the lessor's noncompliance with:

(A) the terms of a rental purchase agreement; or

(B) this article, or any order or rule issued or adopted by the department under this article.

(b) If the department determines, after notice and an opportunity to be heard, that a person has violated this article, or any order or rule issued or adopted by the department under this article, the department may, in addition to or instead of all other remedies available under this section, impose upon the person a civil penalty not greater than ten thousand dollars ($10,000) per violation.

As added by P.L.254-1987, SEC.1. Amended by P.L.1-1990, SEC.245; P.L.138-1990, SEC.12; P.L.172-1997, SEC.12; P.L.35-2010, SEC.91; P.L.89-2011, SEC.24; P.L.69-2018, SEC.43; P.L.29-2022, SEC.8; P.L.93-2024, SEC.175; P.L.115-2026, SEC.41.

IC 24-7-7-2 Record keeping requirements; lessor's ownership rights; examinations and investigations

Sec. 2. (a) A person subject to this article shall make the books and records of the person reasonably available for inspection by the department or the department's representative.

(b) At a minimum, every lessor shall keep a record of all payments remitted by the lessee on a rental purchase agreement, including the following:

(1) The name of the lessee.

(2) The date of each transaction.

(3) The total amount of each payment.

(4) A breakdown of each payment reflecting:

(A) each type of charge; and

(B) the amount of each type of charge.

(c) A person subject to this article shall maintain books and records that demonstrate to the department that a lessor has acquired, before entering into a rental purchase agreement with a lessee, complete and total ownership rights to the property subject to the rental purchase agreement.

(d) The method of maintaining any data required under this section is at the discretion of the lessor, if hard copies of the required data are readily available. The record keeping system of the lessor shall be made available in Indiana for examination. The director shall determine the sufficiency of the records and whether the lessor has made the required information reasonably available.

(e) In administering this article and in order to determine compliance with this article, the department or the department's representative may examine the books and records of persons subject to the article and may make investigations of persons necessary to determine compliance. For this purpose, the department may administer oaths or affirmations, and, upon the department's own motion or upon request of any party, may subpoena witnesses, compel attendance, compel testimony, and require the production of any matter that is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence.

(f) If the person's records are located outside Indiana, but within the continental United States, the person shall, at the person's option, either make them available to the department at a convenient location in Indiana, or pay the reasonable and necessary expenses for the department or the department's representative to examine them at the place where they are maintained within the continental United States. The department may designate representatives, including comparable officials of the state in which the records are located, to inspect them on the department's behalf.

(g) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the department may apply to a court for an order compelling compliance.

(h) The department may not make public the name or identity of a person whose acts or conduct the department investigates under this section or the facts disclosed in the investigation, but this subsection does not apply to disclosures in actions or enforcement proceedings under this article.

(i) A lessor shall use United States generally accepted accounting principles and practices in keeping books and records so that the department or the department's representative may determine if the lessor is in compliance with this article or a rule adopted under this article.

(j) A lessor shall keep the lessor's books and records that pertain to a rental purchase agreement for at least two (2) years after the rental purchase agreement has terminated.

(k) To discover violations of this article or to secure information necessary for the enforcement of this article, the department may investigate:

(1) any person subject to this article; and

(2) any person that the department suspects to be operating in violation of this article.

The department has all investigatory and enforcement authority under this article that the department has under IC 28-11 with respect to financial institutions. If the department conducts an investigation under this section, the person investigated shall pay all reasonably incurred costs of the investigation in accordance with the fee schedule adopted under IC 28-11-3-5. Any costs required to be paid under this section shall be paid not later than sixty (60) days after the person receives a notice from the department of the costs being assessed. The department may impose a fee, in an amount fixed by the department under IC 28-11-3-5, for each day that the assessed costs are not paid, beginning on the first day after the sixty (60) day period described in this subsection.

(l) If a lessor contracts with an outside vendor to provide a service that would otherwise be undertaken internally by the lessor and be subject to the department's routine examination procedures, the person that provides the service to the lessor shall, at the request of the director, submit to an examination by the department. If the director determines that an examination under this subsection is necessary or desirable, the examination may be made at the expense of the person to be examined. If the person to be examined under this subsection refuses to permit the examination to be made, the director may order any lessor that receives services from the person refusing the examination to:

(1) discontinue receiving one (1) or more services from the person; or

(2) otherwise cease conducting business with the person.

As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.13; P.L.172-1997, SEC.13; P.L.35-2010, SEC.92; P.L.137-2014, SEC.20; P.L.5-2015, SEC.55; P.L.186-2015, SEC.27; P.L.69-2018, SEC.44.

IC 24-7-7-3 Assurance of discontinuance of misconduct

Sec. 3. If it is claimed that a person has engaged in conduct subject to an order by the department or by a court under this chapter, the department may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of discontinuance fails to comply with its terms, the assurance is evidence that before the assurance the person engaged in the conduct described in the assurance.

As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.14.

IC 24-7-7-4 Repealed

As added by P.L.254-1987, SEC.1. Repealed by P.L.138-1990, SEC.15.

Ch. 8 Registration of Lessors

IC 24-7-8-1 Notification by lessor

Sec. 1. A lessor shall file notification with the department:

(1) within thirty (30) days after soliciting or entering into a rental purchase agreement subject to this article; and

(2) before February 1 in each subsequent year that the lessor solicits or enters into a rental purchase agreement subject to this article.

As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.15.

IC 24-7-8-2 Contents of notification

Sec. 2. The notification required under section 1 of this chapter must include the following:

(1) The name of the lessor.

(2) The name in which business is transacted if different from subdivision (1).

(3) The address of the principal office, which may be outside Indiana if it is in another state in the continental United States.

(4) The address of all offices or stores, if any, in Indiana at which rental purchase agreements are made.

(5) If rental purchase agreements are made in a place other than an office or retail store in Indiana, a brief description of the manner in which they are made.

(6) The address of the designated agent upon whom service of process may be made in Indiana.

(7) Other information required by the director of the department.

As added by P.L.254-1987, SEC.1. Amended by P.L.35-2010, SEC.93; P.L.69-2018, SEC.45.

IC 24-7-8-3 Corrective notification

Sec. 3. After a lessor has filed an initial or a subsequent notification under section 1 of this chapter, the lessor shall notify the department not later than thirty (30) days after:

(1) the lessor has a change in name or address;

(2) the lessor opens a new office or store, closes an existing office or store, or relocates an existing office or store;

(3) the lessor files for bankruptcy or reorganization; or

(4) the lessor is notified that the lessor is subject to revocation or suspension proceedings by a state or governmental authority with respect to the lessor's rental purchase activities.

As added by P.L.254-1987, SEC.1. Amended by P.L.216-2013, SEC.15.

IC 24-7-8-4 Fees; costs of examination by department; late fees

Sec. 4. (a) A lessor required to file a notification with the department under section 1 of this chapter shall pay to the department the following fees:

(1) A fee fixed by the department under IC 28-11-3-5 with the initial notification filed with the department.

(2) A fee fixed by the department under IC 28-11-3-5 for each place of business operated by the lessor on December 31 of the preceding year with each annual notification subsequently filed with the department.

(b) In addition to the fee required under subsection (a)(2), if the department examines the books and records of the lessor, the lessor shall pay to the department all reasonably incurred costs of the examination in accordance with the fee schedule adopted by the department under IC 28-11-3-5.

(c) The department may impose a fee fixed by the department under IC 28-11-3-5 for each day a lessor is late in:

(1) submitting the information required under IC 24-7-8-2; or

(2) paying a fee under subsection (a) or (b).

As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.14; P.L.14-1992, SEC.64; P.L.45-1995, SEC.19; P.L.10-2006, SEC.23 and P.L.57-2006, SEC.23; P.L.35-2010, SEC.94; P.L.27-2012, SEC.31.

IC 24-7-8-5 Directors, executive officers, Indiana store managers; criminal background checks

Sec. 5. Before appointing or hiring any director, executive officer, or Indiana store manager, a lessor must perform a criminal background check on the candidate and retain, until the department's next examination of the lessor is completed, records of the background check in the lessor's files.

As added by P.L.216-2013, SEC.16.

IC 24-7-8-6 Conducting other business at rental purchase location; conditions; lessor not relieved from applicable laws

Sec. 6. (a) Subject to subsection (b), a lessor required to file notification and pay fees under this chapter may conduct other business, including offering for sale to members of the general public:

(1) property and services that were or may be the subject of a rental purchase agreement under this article; and

(2) property or services that are unrelated or only partially or indirectly related to the lessor's rental purchase agreement business;

at the location where the lessor enters into rental purchase agreements with lessees unless the lessor carries on other business for the purpose of evasion or circumvention of this article.

(b) A lessor may offer for sale to a lessee or prospective lessees the property or services described in subsection (a) at the location where the lessor enters into rental purchase agreements as provided under subsection (a) only if all the following conditions are met:

(1) The lessor:

(A) does not require that the lessee or prospective lessee purchase the property or services as a condition to entering into a rental purchase agreement;

(B) does not require that any purchaser or prospective purchaser of the property or services enter into a rental purchase agreement as a condition to purchasing the property or services; and

(C) clearly discloses in writing to the lessee or prospective lessee before the purchase is completed that:

(i) the purchase of the property or services is not a condition to entering into a rental purchase agreement; and

(ii) entering into a rental purchase agreement is not a condition to purchasing the property or services.

(2) The lessor does not charge the lessee or prospective lessee more for the property or services than the lessor charges members of the general public for the property or services.

(3) The transaction for the purchase of the property or services is conducted separately from any rental purchase agreement, and the cost for purchasing the property or services is not made a part of any rental purchase agreement.

(c) If a lessor offers for sale the property or services described in subsection (a) to lessees or prospective lessees in compliance with the conditions set forth in subsection (b), the business is not considered as being conducted for the purpose of evasion or circumvention of this article.

(d) This section does not relieve a lessor from:

(1) obtaining licenses, permits, authorizations, or consents required by law;

(2) filing or providing notifications as required by law; or

(3) otherwise complying with any other statute, rule, regulation, or ordinance of:

(A) this state;

(B) the United States; or

(C) any governmental unit of this state or the United States;

applicable to a lessor or the lessor's business activities permitted by this section.

As added by P.L.137-2014, SEC.21.

Ch. 9 Violations; Civil Damages

IC 24-7-9-1 False or inaccurate information in agreements or disclosures; offense

Sec. 1. A lessor who knowingly gives false or inaccurate information in a rental purchase agreement or a written disclosure required under this article commits a Class C misdemeanor.

As added by P.L.254-1987, SEC.1.

IC 24-7-9-2 Failure to provide required information; offense

Sec. 2. A lessor who knowingly fails to provide information that the lessor is required to disclose to a lessee or provide to the department under this article commits a Class C misdemeanor.

As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.16.

IC 24-7-9-3 Unauthorized or excessive charges; offense

Sec. 3. A lessor who knowingly makes a charge under a rental purchase agreement that:

(1) is not authorized under this article; or

(2) exceeds the amount authorized under this article;

commits a Class C misdemeanor.

As added by P.L.254-1987, SEC.1.

IC 24-7-9-4 Civil damages recoverable by lessee

Sec. 4. (a) If a lessor violates this article and a lessee who is a party to the agreement prevails in the proceeding, the lessee may:

(1) recover from the lessor committing the violation; or

(2) set off in a counterclaim in any action by the lessor committing the violation;

the amounts described in subsection (b).

(b) The lessee in an action described in subsection (a) may recover all of the following:

(1) Reasonable attorney's fees, as determined by the court.

(2) Court costs.

(3) The greater of:

(A) the actual damages incurred by the lessee as a result of the violation;

(B) three hundred dollars ($300); or

(C) twenty-five percent (25%) of the total rental payments necessary to acquire ownership of the property leased under the agreement.

As added by P.L.254-1987, SEC.1.

IC 24-7-9-5 Defenses; clerical error and correction

Sec. 5. It is a defense in a criminal proceeding under sections 1 through 3 of this chapter or a civil proceeding under section 4 of this chapter that the lessor or an assignee of a lessor:

(1) failed to comply with this article as a result of a bona fide clerical error; and

(2) corrected the error after the date of execution of the rental purchase agreement.

As added by P.L.254-1987, SEC.1.

IC 24-7-9-6 Defense; compliance with rules

Sec. 6. It is a defense in a criminal proceeding under sections 1 through 3 of this chapter or a civil proceeding under section 4 of this chapter that the lessor complied with a rule adopted by the department.

As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.17.

IC 24-7-9-7 Limitation of actions

Sec. 7. Notwithstanding any other law, an action to recover the amounts described in section 4 of this chapter must be commenced within one (1) year after the action accrues.

As added by P.L.254-1987, SEC.1.

Art. 8 Promotional Gifts and Contests

Ch. 1 Applicability

IC 24-8-1-1 Applicability of article

Sec. 1. (a) This article applies to a promotion offer made:

(1) by a person in Indiana; or

(2) to a person in Indiana.

(b) This article does not apply to a prize linked savings program that:

(1) is offered or conducted by an eligible financial institution under IC 28-1-23.2;

(2) is:

(A) offered or conducted by a credit union organized or reorganized under United States law; and

(B) conducted in the same manner as a prize linked savings program under IC 28-1-23.2; or

(3) is:

(A) offered or conducted by an insured depository institution (as defined in 12 U.S.C. 1813) that is:

(i) a national bank formed under 12 U.S.C. 21;

(ii) a state member bank (as defined in 12 U.S.C. 1813);

(iii) a state nonmember bank (as defined in 12 U.S.C. 1813); or

(iv) a savings association (as defined in 12 U.S.C. 1813); and

(B) conducted in the same manner as a prize linked savings program under IC 28-1-23.2.

As added by P.L.233-1989, SEC.1. Amended by P.L.135-2014, SEC.2; P.L.186-2015, SEC.28.

Ch. 2 Definitions

IC 24-8-2-1 Applicability

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.233-1989, SEC.1.

IC 24-8-2-2 "Person" defined

Sec. 2. "Person" means an individual, corporation, the state or its subdivisions or agencies, business trust, estate, trust, partnership, association, cooperative, or any other legal entity.

As added by P.L.233-1989, SEC.1.

IC 24-8-2-3 "Prize" defined

Sec. 3. "Prize" means a gift, award, or other item distributed in a promotion.

As added by P.L.233-1989, SEC.1.

IC 24-8-2-4 "Promoter" defined

Sec. 4. "Promoter" means a person conducting a promotion.

As added by P.L.233-1989, SEC.1.

IC 24-8-2-5 "Promotion" defined

Sec. 5. "Promotion" means a written notice offering:

(1) property; or

(2) a chance to obtain property;

to a person based on a representation that the person has been awarded or may have been awarded a prize.

As added by P.L.233-1989, SEC.1.

IC 24-8-2-6 "Property"

Sec. 6. "Property" has the meaning set forth in IC 35-31.5-2-253.

As added by P.L.233-1989, SEC.1. Amended by P.L.114-2012, SEC.49.

IC 24-8-2-7 "Sponsor" defined

Sec. 7. "Sponsor" means a person on whose behalf a promotion is conducted to promote or advertise goods, services, or property of that person.

As added by P.L.233-1989, SEC.1.

IC 24-8-2-8 "Verifiable retail value" defined

Sec. 8. "Verifiable retail value" means:

(1) a price at which a promoter or sponsor can demonstrate that a substantial number of prizes have been sold at retail by a person other than the promoter or sponsor; or

(2) if substantiation described in this section is not available to a promoter or sponsor, no more than one and one-half (1.5) times the amount a promoter or sponsor paid for a prize.

As added by P.L.233-1989, SEC.1.

Ch. 3 Notice

IC 24-8-3-1 Delivery

Sec. 1. Notice may be delivered by any of the following methods:

(1) Hand.

(2) Mail.

(3) Newspaper.

(4) Other periodical.

(5) Electronic mail or any other form of electronic, digital, or Internet based communication.

As added by P.L.233-1989, SEC.1. Amended by P.L.222-2005, SEC.35.

IC 24-8-3-2 Names and addresses

Sec. 2. The notice must contain the name and address of the promoter and the sponsor of the promotion.

As added by P.L.233-1989, SEC.1.

IC 24-8-3-3 Statement of verifiable retail value of prizes

Sec. 3. The notice must state the verifiable retail value of each prize a participant has been awarded or may have been awarded.

As added by P.L.233-1989, SEC.1.

IC 24-8-3-4 Statement of odds

Sec. 4. (a) If an element of chance is involved, each notice must state the odds the participant has of receiving each prize.

(b) The statement of the odds must include, for each prize, the total number of prizes to be given away and the total number of notices distributed.

(c) The total number of notices must include all notices in which a prize may be given including notices for other sponsors.

(d) If the odds of winning a prize are not accurately stated on the basis of the number of notices, the odds shall be stated in a manner that will not deceive or mislead a participant regarding the participant's chance of receiving a prize.

As added by P.L.233-1989, SEC.1.

IC 24-8-3-5 Location and size of statement of verifiable retail value and odds

Sec. 5. (a) The verifiable retail value and odds for each prize must be stated in immediate proximity with each listing of the prize in each place it appears on the notice.

(b) The verifiable retail value and odds for each prize must be listed in the same size type and boldness as the prize.

As added by P.L.233-1989, SEC.1.

IC 24-8-3-6 Attendance at sales presentation

Sec. 6. If a person is required or invited to view, hear, or attend a sales presentation in order to claim a prize that has been awarded or may have been awarded, the requirement or invitation must be conspicuously disclosed to the person in the notice in at least 10 point boldface type on the first page of the notice.

As added by P.L.233-1989, SEC.1.

IC 24-8-3-7 Additional purchases

Sec. 7. (a) If a prize is offered or given that will require a person to purchase additional goods or services, including shipping fees, handling fees, or any other charge, the requirement and additional cost to the person must be clearly disclosed on the first page of the notice.

(b) Disclosure must be made by using the following appropriately completed statement:

"You must pay $ _______ in order to receive this item.".

(c) The disclosure statement must be in at least 10 point boldface type.

As added by P.L.233-1989, SEC.1.

IC 24-8-3-8 Eligibility limitations

Sec. 8. A limitation on the eligibility of persons must be clearly disclosed in the notice in at least 10 point boldface type.

As added by P.L.233-1989, SEC.1.

IC 24-8-3-9 Presentation of winning ticket necessary

Sec. 9. If prizes will not be awarded or given if a winning ticket, token, number, lot, or other device used to determine winners in a particular promotion is not presented to a promoter or a sponsor, this fact must be clearly stated in the notice.

As added by P.L.233-1989, SEC.1.

IC 24-8-3-10 Applicability of chapter to certain book, record, video, and magazine promotions

Sec. 10. Sections 3, 5 and 7 of this chapter shall not apply in a promotion only for books, records, videos, or magazines when the person has the right to review the merchandise without obligation for at least seven (7) days and the right to obtain a full refund for the return of undamaged merchandise.

As added by P.L.233-1989, SEC.1.

Ch. 4 Presentation

IC 24-8-4-1 Disclosure of prizes

Sec. 1. Before a demonstration, seminar, or sales presentation begins, the promoter shall inform the person of the prize, if any, the person will receive.

As added by P.L.233-1989, SEC.1.

IC 24-8-4-2 Time prizes, vouchers, or certificates given

Sec. 2. A prize or a voucher, certificate, or other evidence of obligation given instead of a prize shall be given to a person at the time the person is informed of the prize, if any, the person will receive.

As added by P.L.233-1989, SEC.1.

IC 24-8-4-3 Notices; return

Sec. 3. The notice shall be returned to the person receiving the prize at the time the prize is awarded.

As added by P.L.233-1989, SEC.1.

Ch. 5 Prizes

IC 24-8-5-1 Substitutions for unavailable prizes; applicability to certain book, record, video, and magazine promotions

Sec. 1. (a) If the prize described in this article is not available, the person who is to receive the prize shall be given the option of choosing one (1) of the following:

(1) A prize of equal or greater value.

(2) The verifiable retail value of the prize in cash or by a valid check.

(3) A voucher, certificate, or other evidence of obligation stating that the prize will be shipped to the person within thirty (30) days at no cost to the person.

(b) If a voucher, certificate, or other evidence of obligation described in subsection (a) cannot be honored within thirty (30) days, the sponsor shall mail to a person a valid check or money order for the verifiable retail value of the prize described in this article.

(c) Subsection (b) of this section shall not apply in a promotion only for books, records, videos, or magazines when the person has the right to review the merchandise without obligation for at least seven (7) days and the right to obtain a full refund for the return of undamaged merchandise.

As added by P.L.233-1989, SEC.1.

IC 24-8-5-2 Honor of evidence of obligation by sponsors

Sec. 2. A sponsor shall honor a voucher, certificate, or other evidence of obligation if the person named as being responsible fails to honor the voucher, certificate, or other evidence of obligation.

As added by P.L.233-1989, SEC.1.

Ch. 6 Penalty; Civil Action

IC 24-8-6-1 Penalty for violations

Sec. 1. A person who knowingly or intentionally violates this article commits a Level 6 felony.

As added by P.L.233-1989, SEC.1. Amended by P.L.158-2013, SEC.276.

IC 24-8-6-2 Civil liability

Sec. 2. A sponsor or promoter who violates this article is liable to an aggrieved person for the greater of:

(1) two (2) times the actual damages sustained by the person; or

(2) five hundred dollars ($500) plus attorney's fees.

As added by P.L.233-1989, SEC.1.

IC 24-8-6-3 Deceptive consumer sales actions; penalties

Sec. 3. A person who violates this article commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5 and is subject to the penalties listed in IC 24-5-0.5.

As added by P.L.233-1989, SEC.1.

Art. 10 Consumer Protection Assistance Fund

Ch. 1 Definitions

IC 24-10-1-1 "Fund"

Sec. 1. As used in this article, "fund" refers to the consumer protection assistance fund established by IC 24-10-2-1.

As added by P.L.121-2011, SEC.2.

IC 24-10-1-2 "Office"

Sec. 2. As used in this article, "office" refers to the office of attorney general created by IC 4-6-1-2.

As added by P.L.121-2011, SEC.2.

IC 24-10-1-3 "Qualifying claim"

Sec. 3. As used in this article, "qualifying claim" means a claim that:

(1) subject to IC 24-10-2-2(b), is filed with the office on a form prescribed by the office;

(2) is based on a court order that:

(A) is issued in a case instituted or maintained by the office in connection with a violation of a statute set forth in IC 24-10-2-1(c); and

(B) awards restitution to one (1) or more qualifying individuals;

(3) identifies each qualifying individual who:

(A) has been awarded restitution in the order described in subdivision (2); and

(B) seeks payment from the fund through the claim submitted;

(4) attests that the party ordered to pay the restitution has not paid the full amount ordered with respect to each qualifying individual identified under subdivision (3); and

(5) seeks payment from the fund of any amount of the restitution:

(A) ordered by the court; and

(B) not paid by the party ordered to pay the restitution;

with respect to each qualifying individual identified under subdivision (3).

As added by P.L.121-2011, SEC.2.

IC 24-10-1-4 "Qualifying individual"

Sec. 4. As used in this article, "qualifying individual" means an Indiana resident who:

(1) is awarded restitution by a court in a case that:

(A) is instituted or maintained by the office; and

(B) involves a violation by one (1) or more other persons of a statute set forth in IC 24-10-2-1(c); and

(2) assists or otherwise cooperates with the office in the investigation, prosecution, or enforcement of the case.

As added by P.L.121-2011, SEC.2.

Ch. 2 Establishment and Purposes of Fund

IC 24-10-2-1 Consumer protection assistance fund

Sec. 1. (a) The consumer protection assistance fund is established for the purpose of compensating qualifying individuals who submit qualifying claims to the office. The fund shall be administered by the office.

(b) The fund consists of:

(1) appropriations made to the fund by the general assembly;

(2) grants, gifts, and donations intended for deposit in the fund; and

(3) at the discretion of the office, money recovered or received by the office for consumer protection purposes if use of the money is not otherwise restricted.

(c) Money in the fund may be used to make payments to qualifying individuals who file qualifying claims with the office in connection with a case involving a violation by one (1) or more other persons of any of the following statutes, including rules adopted under the authority of the following statutes:

(1) IC 24-4.7 (concerning telephone solicitation of consumers) if the case concerns a violation involving telephone solicitations made in connection with any practice or transaction governed by a statute described in subdivisions (2) through (4).

(2) IC 24-5-15 (concerning credit services organizations).

(3) IC 37-4 (concerning mortgage rescue fraud).

(4) IC 37-5 (concerning home loan practices).

(d) The expenses of administering the fund shall be paid from money in the fund.

(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.121-2011, SEC.2. Amended by P.L.115-2026, SEC.43.

IC 24-10-2-2 Payments to qualifying individuals; claims; confidentiality of personal information; amount of payment; other remedies not precluded

Sec. 2. (a) The office may not make a payment to a qualifying individual under section 1(c) of this chapter unless the party ordered to pay restitution to the qualifying individual has not paid the full amount of the restitution ordered by the court in the order described in IC 24-10-1-3(2).

(b) A qualifying individual who seeks payment from the fund of any amount of the restitution:

(1) ordered by the court to be paid to the individual; and

(2) not paid by the party ordered to pay the restitution;

may file a claim with the office on a form prescribed by the office. A claim filed under this section must be received by the office not later than one hundred eighty (180) days after the date of the order described in IC 24-10-1-3(2). The office may grant an extension of time for good cause shown by the individual filing the claim. However, the office may not accept a claim that is received more than two (2) years after the date of the order described in IC 24-10-1-3(2).

(c) The personal information (as defined in IC 4-1-11-3) of an individual who files a claim with the office under subsection (b) is confidential and may not be disclosed or distributed outside the office, except as may be required by law.

(d) Upon receiving a qualifying claim, the office may pay, from money available in the fund, to each qualifying individual identified in the claim under IC 24-10-1-3(3), an amount that:

(1) is determined at the discretion of the office;

(2) may be up to the amount of the restitution awarded to the qualifying individual and not paid by the party ordered to pay the restitution; and

(3) may not exceed three thousand dollars ($3,000).

(e) The limits set forth in subsection (d) do not prohibit a qualifying individual from seeking to recover, in any action or through any other lawful remedy available to the individual, any amount of the restitution that:

(1) is awarded to the qualifying individual in the order described in IC 24-10-1-3(2);

(2) is not paid by the party ordered to pay the restitution; and

(3) exceeds the amount paid to the qualifying individual by the office under subsection (d).

As added by P.L.121-2011, SEC.2.

IC 24-10-2-3 State's liability for award; availability of funds

Sec. 3. The state is not liable for a determination or an award made by the office under this chapter except to the extent that money is available in the fund on the date the award is determined by the office under this chapter.

As added by P.L.121-2011, SEC.2.

IC 24-10-2-4 Authority to adopt rules

Sec. 4. The office may adopt rules under IC 4-22-2 to implement this article.

As added by P.L.121-2011, SEC.2.

Art. 11 Bad Faith Assertions of Patent Infringement

Ch. 1 Application

IC 24-11-1-1 Article not applicable to claims for relief under certain federal laws

Sec. 1. This article does not apply to a demand letter or assertion of patent infringement that includes a claim for relief arising under:

(1) 35 U.S.C. 271(e)(2); or

(2) 42 U.S.C. 262.

As added by P.L.172-2015, SEC.1.

IC 24-11-1-2 Article not applicable to certain approved postsecondary educational institutions, organizations, and licensees

Sec. 2. This article does not apply to any of the following:

(1) An approved postsecondary educational institution (as defined in IC 21-7-13-6(a)).

(2) A technology transfer organization owned by or affiliated with an approved postsecondary educational institution (as defined in IC 21-7-13-6(a)).

(3) A licensee holding a patent from:

(A) an approved postsecondary educational institution (as defined in IC 21-7-13-6(a)); or

(B) a technology transfer organization owned by or affiliated with an approved postsecondary educational institution (as defined in IC 21-7-13-6(a));

if the patent has been licensed by the approved postsecondary educational institution (as defined in IC 21-7-13-6(a)) or technology transfer organization.

As added by P.L.172-2015, SEC.1.

Ch. 2 Definitions

IC 24-11-2-1 Application

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.172-2015, SEC.1.

IC 24-11-2-2 "Demand letter"

Sec. 2. (a) "Demand letter" means a letter, electronic mail, or any other written, including electronic, communication asserting that a target has engaged in patent infringement.

(b) The term does not include a complaint alleging patent infringement, or other documents related to an action for patent infringement, filed:

(1) in a United States District Court; or

(2) with the International Trade Commission.

As added by P.L.172-2015, SEC.1.

IC 24-11-2-3 "End user"

Sec. 3. "End user" means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the commercial market and that is, or later becomes, the subject of a patent infringement allegation.

As added by P.L.172-2015, SEC.1.

IC 24-11-2-4 "Person"

Sec. 4. "Person" means an individual, a corporation, a limited liability company, a partnership, or other legal entity.

As added by P.L.172-2015, SEC.1.

IC 24-11-2-5 "Target"

Sec. 5. "Target" means any of the following:

(1) An end user who has received a demand letter or against whom an assertion of patent infringement has been made.

(2) An end user who has been threatened with litigation for patent infringement or against whom a lawsuit has been filed alleging patent infringement.

(3) An end user whose customer has received a demand letter asserting that the person's product, service, or technology has infringed a patent.

As added by P.L.172-2015, SEC.1.

Ch. 3 Assertions of Patent Infringements in Bad Faith Prohibited

IC 24-11-3-1 Assertion of claim of patent infringement in bad faith prohibited

Sec. 1. A person may not assert a claim of patent infringement in bad faith.

As added by P.L.172-2015, SEC.1.

IC 24-11-3-2 Factors as evidence of bad faith

Sec. 2. (a) A court may consider the following factors as evidence that a person has made an assertion of patent infringement in bad faith:

(1) The person distributed a demand letter that does not contain all the following information:

(A) The patent number of the patent that the person claims is being infringed.

(B) The name and address of:

(i) a patent owner;

(ii) if applicable, any assignee of the patent; and

(iii) if applicable, a patent owner's or assignee's agent who is retained by the patent owner or assignee to enforce the patent.

(C) Factual allegations identifying specific areas in which the target's products, services, and technology infringe the patent or are covered by the claims in the patent.

(2) The person fails to:

(A) conduct an analysis comparing the claims in the patent to the target's products, services, and technology; or

(B) identify, if the person conducts an analysis described in clause (A), specific areas in which the target's products, services, and technology are covered by the claims in the patent.

(3) If the demand letter does not contain the information described in subdivision (1), the person that distributed the demand letter fails to provide the information within a reasonable amount of time after the target requests the information.

(4) The person demands:

(A) payment of a license fee; or

(B) a response from the target;

within an unreasonably short period of time.

(5) The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license.

(6) The claim or assertion of patent infringement is meritless, and the person knew, or should have known, that the claim or assertion is meritless.

(7) The claim or assertion of patent infringement is deceptive.

(8) The person or the person's subsidiaries or affiliates have previously filed or threatened to file a lawsuit based on the same or similar claim of patent infringement and the:

(A) filing or threats to file lacked the information described in subdivision (1); or

(B) person attempted to enforce the claim of patent infringement in litigation and a court found the claim to be meritless.

(9) Any other factor the court finds relevant.

(b) A person may not use the failure of a target to request any information described in subsection (a)(1) that is not contained in the demand letter as a defense to an action under this article.

As added by P.L.172-2015, SEC.1. Amended by P.L.149-2016, SEC.73.

IC 24-11-3-3 Factors as evidence of not bad faith

Sec. 3. A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:

(1) The demand letter contains the information described in section 2(a)(1) of this chapter.

(2) If the:

(A) demand letter lacks the information described in section 2(a)(1) of this chapter; and

(B) target requests the information;

the person provides the information to the target within a reasonable period of time.

(3) The person engages in a good faith effort to:

(A) establish that the target has infringed the patent; and

(B) negotiate an appropriate remedy.

(4) The person makes a substantial investment in the:

(A) use of the patent; or

(B) production or sale of a product or item covered by the patent.

(5) The person is:

(A) the inventor or joint inventor of the patent; or

(B) if the patent was filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee.

(6) The person has:

(A) demonstrated good faith business practices in previous efforts to enforce the patent or a substantially similar patent; or

(B) successfully enforced the patent, or a substantially similar patent, through litigation.

(7) Any other factor the court finds relevant.

As added by P.L.172-2015, SEC.1.

Ch. 4 Bond

IC 24-11-4-1 Posting bond

Sec. 1. (a) Subject to subsection (c), upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this article, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target's costs to litigate the claim and amounts reasonably likely to be recovered under IC 24-11-5, conditioned upon payment of any amounts finally determined to be due to the target.

(b) A hearing shall be held upon the request of either party.

(c) A bond ordered under this section may not exceed two hundred fifty thousand dollars ($250,000).

(d) The court may waive the bond requirement if the court finds the person has available assets equal to the amount of the proposed bond or for other good cause shown.

As added by P.L.172-2015, SEC.1. Amended by P.L.149-2016, SEC.74.

Ch. 5 Remedies and Damages

IC 24-11-5-1 Civil actions; expenses and costs; remedies

Sec. 1. (a) A target, or a person aggrieved by a violation of:

(1) this article; or

(2) rules adopted under this article;

may bring an action in a court with jurisdiction.

(b) A person shall, not later than thirty (30) days after filing a complaint with a court in an action under subsection (a), mail or deliver a copy of the complaint to the office of the attorney general.

(c) A court may award reasonable attorney's fees, litigation expenses, and costs to a person who prevails in an action under subsection (a).

(d) A court may, in addition to fees, expenses, and costs under subsection (c), award any or all of the following to a complainant who prevails in an action under subsection (a):

(1) Declaratory or equitable relief.

(2) The greater of:

(A) actual damages; or

(B) liquidated damages for each complainant who prevails in the sum of five thousand dollars ($5,000) for each demand letter that the complainant received.

(3) Punitive damages in the amount of the greater of:

(A) fifty thousand dollars ($50,000); or

(B) three (3) times the amount of actual damages.

As added by P.L.172-2015, SEC.1. Amended by P.L.149-2016, SEC.75.

IC 24-11-5-2 Addition to other enforcement proceedings, private right of action, remedies, and penalties

Sec. 2. The private right of action, remedies, and penalties established under this chapter are in addition to any other enforcement proceedings, private right of action, remedies, and penalties available under any other state or federal law, rule, or regulation relating to assertions of patent infringement.

As added by P.L.172-2015, SEC.1.

Art. 12 Civil Proceeding Advance Payments

Ch. 1 Definitions

IC 24-12-1-0.5 "Civil proceeding advance payment transaction"

Sec. 0.5. (a) As used in this article and subject to IC 24-12-6-2, "civil proceeding advance payment transaction", or "CPAP transaction", means a nonrecourse transaction in which a CPAP provider provides a funded amount to a consumer claimant to use for any purpose other than prosecuting the consumer claimant's civil proceeding, if the repayment of the funded amount is:

(1) required only if the consumer claimant prevails in the civil proceeding; and

(2) sourced from the proceeds of the civil proceeding, whether the proceeds result from a judgment, a settlement, or some other resolution.

(b) The term includes a transaction:

(1) that is termed or described as:

(A) a purchase; or

(B) an assignment of an interest in a consumer claimant's civil proceeding, or in the proceeds of a consumer claimant's civil proceeding;

by the CPAP provider; or

(2) with respect to which the CPAP provider sets forth in a CPAP contract, an agreement by:

(A) the CPAP provider to purchase from the consumer claimant; or

(B) the consumer claimant to assign to the CPAP provider;

a contingent right to receive a share of the potential proceeds of the consumer claimant's civil proceeding, whether the proceeds result from a judgment, a settlement, or some other resolution.

As added by P.L.176-2019, SEC.36.

IC 24-12-1-1 Definitions

Sec. 1. The following definitions apply throughout this article:

(1) "Advertise" means publishing or disseminating any written, electronic, or printed communication, or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet, or similar communications media, including film strips, motion pictures, and videos, published, disseminated, circulated, or placed before the public, directly or indirectly, for the purpose of inducing a consumer to enter into a CPAP transaction.

(2) "Charges" means the amount of money to be paid to a CPAP provider by or on behalf of a consumer claimant above the funded amount provided by or on behalf of the CPAP provider to a consumer claimant. The term includes all administrative, origination, underwriting, and other fees no matter how denominated.

(3) "Civil proceeding", with respect to a CPAP transaction, means:

(A) a civil action;

(B) a mediation, an arbitration, or any other alternative dispute resolution proceeding; or

(C) an administrative proceeding before:

(i) an agency or instrumentality of the state; or

(ii) a political subdivision, or an agency or instrumentality of a political subdivision, of the state;

that is filed in, or is under the jurisdiction of, a court with jurisdiction in Indiana, a tribunal in Indiana, or an agency or instrumentality described in clause (C) in Indiana. The term includes all proceedings arising out of or relating to the proceeding, including any proceedings on appeal or remand, and any enforcement, ancillary, or parallel proceedings.

(4) "Civil proceeding advance payment contract", or "CPAP contract", means a contract for a CPAP transaction that a CPAP provider enters into, or offers to enter into, with a consumer claimant.

(5) "Civil proceeding advance payment provider", or "CPAP provider", means a person that enters into, or offers to enter into, a CPAP transaction with a consumer claimant in connection with a civil proceeding.

(6) "Civil proceeding advance payment transaction", or "CPAP transaction", has the meaning set forth in section 0.5 of this chapter.

(7) "Consumer claimant", with respect to a CPAP transaction, means an individual:

(A) who is or may become a plaintiff, a claimant, or a demandant in a civil proceeding; and

(B) who:

(i) is offered a CPAP transaction by a CPAP provider; or

(ii) enters into a CPAP transaction with a CPAP provider.

(8) "Department" refers to the department of financial institutions established by IC 28-11-1-1.

(9) "Director" means the director of the department of financial institutions or the director's designee.

(10) "Funded amount", with respect to a CPAP transaction, means the amount of money:

(A) that is provided to the consumer claimant by the CPAP provider;

(B) the repayment of which is:

(i) required only if the consumer claimant prevails in the consumer claimant's civil proceeding; and

(ii) sourced from the proceeds of the civil proceeding, whether the proceeds result from a judgment, a settlement, or some other resolution; and

(C) that under IC 24-12-4-1(1)(A) must be:

(i) set forth; and

(ii) designated by the term "funded amount";

by the CPAP provider in the CPAP contract.

(11) "Funding date" means the date on which the funded amount is transferred to the consumer claimant by the CPAP provider, by:

(A) personal delivery, wire, Automated Clearing House (ACH), or other electronic means; or

(B) insured, certified, or registered United States mail.

(12) "Nationwide Multistate Licensing System and Registry" (or "Nationwide Mortgage Licensing System and Registry" or "NMLSR") means a multistate licensing system owned and operated by the State Regulatory Registry, LLC, or by any successor or affiliated entity, for the licensing and registration of creditors, mortgage loan originators, and other persons in the mortgage or financial services industries. The term includes any other name or acronym that may be assigned to the system by the State Regulatory Registry, LLC, or by any successor or affiliated entity.

(13) "Regularly engaged", with respect to a CPAP provider, refers to a CPAP provider that:

(A) entered into CPAP transactions with consumer claimants more than fifteen (15) times in the preceding calendar year; or

(B) enters into or will enter into CPAP transactions with consumer claimants more than fifteen (15) times in the current calendar year, if the CPAP provider did not meet the numerical standard described in clause (A) in the preceding calendar year.

(14) "Resolution date" means the date the funded amount, plus the agreed upon charges, is delivered to the CPAP provider.

(15) "Unique identifier" means a number or other identifier assigned by protocols established by the NMLSR.

As added by P.L.153-2016, SEC.7. Amended by P.L.85-2017, SEC.96; P.L.176-2019, SEC.37.

Ch. 2 CPAP Contract Requirements

IC 24-12-2-1 CPAP contract requirements; attorney's written acknowledgment

Sec. 1. Every CPAP transaction must meet the following requirements:

(1) The CPAP contract must be completely filled in when presented to the consumer claimant for signature.

(2) The CPAP contract must contain, in bold font contained within a box, a right of rescission, allowing the consumer claimant to cancel the contract without penalty or further obligation if, not later than five (5) business days after the funding date, the consumer claimant either:

(A) returns to the CPAP provider the full amount of the disbursed funds by delivering the provider's uncashed check to the provider's office in person; or

(B) mails, by insured, certified, or registered United States mail, to the address specified in the contract, a notice of cancellation and includes in the mailing a return of the full amount of disbursed funds in the form of the provider's uncashed check or a registered or certified check or money order.

(3) The CPAP contract must contain the initials of the consumer claimant on each page.

(4) If the consumer claimant is represented by an attorney in the civil proceeding on which a CPAP transaction is based, the CPAP contract must contain a written acknowledgment by the attorney that attests to the following:

(A) That to the best of the attorney's knowledge, all costs and charges relating to the CPAP transaction have been disclosed to the consumer claimant.

(B) That the attorney is being paid by the consumer claimant on a contingency basis under a written fee agreement.

(C) That all proceeds of the civil proceeding will be disbursed through a trust account of the attorney, or through a settlement fund established to receive the proceeds of the civil proceeding on behalf of the consumer claimant.

(D) That the attorney is following the instructions of the consumer claimant with respect to the CPAP transaction.

(E) That the attorney has not received a referral fee or other consideration from the CPAP provider, and agrees not to receive a referral fee or other consideration from the CPAP provider at any time, in connection with the CPAP transaction.

If the attorney retained by the consumer claimant in the consumer claimant's civil proceeding does not complete the acknowledgment required by this subdivision, the CPAP contract, and the CPAP transaction to which it pertains, are void. However, the CPAP contract, and the CPAP transaction to which it pertains, remain valid and enforceable if the consumer claimant or the attorney terminates the representation.

As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.38.

Ch. 3 CPAP Provider Prohibitions

IC 24-12-3-1 CPAP provider prohibitions

Sec. 1. A CPAP provider may not do any of the following:

(1) Pay or offer to pay a commission, referral fee, or other form of consideration to any attorney, law firm, medical provider, chiropractor, or physical therapist, or any of their employees for referring a consumer claimant to the provider.

(2) Accept a commission, referral fee, rebate, or other form of consideration from an attorney, law firm, medical provider, chiropractor, or physical therapist, or any of their employees.

(3) Intentionally advertise materially false or misleading information regarding the CPAP provider's products or services.

(4) Refer, in furtherance of an initial CPAP transaction, a consumer claimant or potential consumer claimant to a specific attorney, law firm, medical provider, chiropractor, or physical therapist, or any of their employees. However, if a consumer claimant needs legal representation, the CPAP provider may refer the person to a local or state bar association referral service.

(5) Knowingly provide funding to a consumer claimant who has previously assigned or sold a part of the consumer claimant's right to proceeds from the consumer claimant's civil proceeding without first making payment to or purchasing a prior unsatisfied CPAP provider's entire funded amount and contracted charges, unless a lesser amount is otherwise agreed to in writing by the prior CPAP provider. However, multiple CPAP providers may agree to provide a CPAP transaction to a consumer claimant simultaneously if the consumer claimant and the consumer claimant's attorney consent to the arrangement in writing.

(6) Make any decision, have any influence, or direct the consumer claimant or the consumer claimant's attorney with respect to the conduct of the underlying civil proceeding or any settlement or resolution of the civil proceeding, or make any decision with respect to the conduct of the underlying civil proceeding or any settlement or resolution of the civil proceeding. The right to make these decisions remains solely with the consumer claimant and the attorney in the civil proceeding.

(7) Knowingly pay or offer to pay for court costs, filing fees, or attorney's fees either during or after the resolution of the civil proceeding, using funds from the CPAP transaction.

As added by P.L.153-2016, SEC.7. Amended by P.L.85-2017, SEC.97; P.L.140-2024, SEC.1.

Ch. 4 Disclosures

IC 24-12-4-1 Required CPAP contract disclosures

Sec. 1. Each CPAP contract must contain the disclosures specified in this section, which are material terms of the contract. Unless otherwise specified, the disclosures must be in at least a 12 point bold font and be placed clearly and conspicuously within the contract. The following disclosures are required:

(1) On the front page, under appropriate headings, language specifying:

(A) the funded amount, designated by the term "funded amount", to be paid to the consumer claimant by the CPAP provider;

(B) an itemization of one (1) time charges;

(C) the total amount to be assigned by the consumer claimant to the CPAP provider, including the funded amount and all charges; and

(D) a payment schedule including the funded amount and all charges, listing all dates and the amount due at the end of each six (6) month period, from the funding date until the date on which the maximum amount due to the CPAP provider by the consumer claimant occurs.

(2) A notice within the body of the contract stating the following: "Consumer Claimant's Right to Cancellation: You may cancel this contract without penalty or further obligation within five (5) business days after the funding date if you either:

(A) return to (insert name of the CPAP provider) the full amount of the disbursed funds by delivering the provider's uncashed check to the provider's office in person; or

(B) mail, by insured, certified, or registered United States mail, to (insert name of the CPAP provider) at the address specified in the contract, a notice of cancellation and include in the mailing a return of the full amount of disbursed funds in the form of the provider's uncashed check or a registered or certified check or money order.".

(3) A notice informing the consumer claimant that the CPAP provider has no role in deciding whether, when, and how much the civil proceeding is settled for. However, the consumer claimant and consumer claimant's attorney must notify the CPAP provider of the outcome of the civil proceeding by settlement or adjudication before the resolution date. The CPAP provider may seek updated information about the status of the civil proceeding but in no event may the provider interfere with the independent professional judgment of the attorney in the handling of the civil proceeding or any settlement.

(4) Within the body of the contract, in all capital letters in at least a 12 point bold font contained within a box the following: "THE FUNDED AMOUNT AND AGREED UPON CHARGES SHALL BE PAID ONLY FROM THE PROCEEDS OF YOUR CIVIL PROCEEDING, AND SHALL BE PAID ONLY TO THE EXTENT THAT THERE ARE AVAILABLE PROCEEDS FROM YOUR CIVIL PROCEEDING. YOU WILL NOT OWE (INSERT NAME OF THE CIVIL PROCEEDING ADVANCE PAYMENT PROVIDER) ANYTHING IF THERE ARE NO PROCEEDS FROM YOUR CIVIL PROCEEDING, UNLESS YOU HAVE VIOLATED ANY MATERIAL TERM OF THIS CONTRACT OR YOU HAVE COMMITTED FRAUD AGAINST (INSERT NAME OF THE CIVIL PROCEEDING ADVANCE PAYMENT PROVIDER).".

(5) Located immediately above the place on the contract where the consumer claimant's signature is required, in at least a 12 point bold font the following: "Do not sign this contract before you read it completely or if the contract contains any blank spaces. You are entitled to a completely filled in copy of the contract. Before you sign this contract, you should obtain the advice of an attorney. Depending on the circumstances, you may want to consult a tax, public or private benefits planning, or financial professional. You acknowledge that your attorney in the civil proceeding has provided no tax, public or private benefit planning, or financial advice regarding this transaction.".

As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.39.

IC 24-12-4-2 Required CPAP notice

Sec. 2. (a) Except as provided in subsection (c), in a civil proceeding in which a consumer claimant is a party, the consumer claimant or the consumer claimant's attorney shall provide to:

(1) each of the other parties in the civil proceeding; and

(2) each insurer that has a duty to defend another party in the civil proceeding;

written notice that the consumer claimant has entered into a CPAP contract with a CPAP provider.

(b) A consumer claimant or the consumer claimant's attorney shall provide the written notice required by subsection (a) within a reasonable time after the date on which the consumer claimant and the CPAP provider enter into the CPAP contract, regardless of whether any other party in the civil proceeding is aware of the existence of or seeks information about the CPAP contract.

(c) Subsection (a) does not apply if the court in which the civil proceeding is filed issues an order excusing the consumer claimant from the duty to provide the written notice required by subsection (a).

(d) In a civil proceeding in which a consumer claimant is a party, the existence and contents of the CPAP contract are subject to discovery under the Indiana Rules of Trial Procedure by:

(1) a party other than the consumer claimant; or

(2) an insurer that has a duty to defend another party in the civil proceeding.

(e) The written notice provided under subsection (a) is not admissible as evidence in a court proceeding.

As added by P.L.63-2023, SEC.1.

Ch. 4.5 Charges

IC 24-12-4.5-1 Applicability

Sec. 1. This chapter applies to a CPAP transaction offered or entered into after June 30, 2016.

As added by P.L.176-2019, SEC.40.

IC 24-12-4.5-2 Fee; servicing charge; document charges; limitations

Sec. 2. (a) With respect to a CPAP transaction, a CPAP provider may impose the following:

(1) A fee that is:

(A) calculated at an annual rate that does not exceed thirty-six percent (36%) of the funded amount; and

(B) earned at consummation and each year after consummation on the anniversary of the funding date, in the case of a CPAP transaction offered or entered into after June 30, 2019.

(2) A servicing charge that is:

(A) calculated at an annual rate that does not exceed seven percent (7%) of the funded amount; and

(B) earned at consummation and each year after consummation on the anniversary of the funding date, in the case of a CPAP transaction offered or entered into after June 30, 2019.

(3) With respect to any one (1) civil proceeding, total charges that do not exceed five hundred dollars ($500) for obtaining and preparing documents, in the case of a CPAP transaction offered or entered into after June 30, 2019.

(4) The following with respect to a CPAP transaction offered or entered into after June 30, 2016, and before July 1, 2019:

(A) If the funded amount of the CPAP transaction is less than five thousand dollars ($5,000), a one (1) time charge that does not exceed two hundred fifty dollars ($250) for obtaining and preparing documents.

(B) If the funded amount of the CPAP transaction is at least five thousand dollars ($5,000), a one (1) time charge that does not exceed five hundred dollars ($500) for obtaining and preparing documents.

(b) A CPAP provider may not assess, or collect from the consumer claimant, any fee or charge not otherwise permitted under this chapter in connection with a CPAP transaction. The fees and charges permitted under this chapter are not subject to refund or rebate.

As added by P.L.176-2019, SEC.40.

Ch. 5 Violations

IC 24-12-5-1 Enforcement by department of financial institutions

Sec. 1. (a) The department of financial institutions may enforce this article.

(b) With respect to CPAP transactions and CPAP providers, the department has all powers of administration, investigation, and enforcement set forth in:

(1) IC 37-2-7; and

(2) IC 28-11-4;

including the authority to levy a civil penalty.

As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.41; P.L.115-2026, SEC.44.

IC 24-12-5-2 Court's determination of intentional violation; CPAP provider entitled to funded amount only

Sec. 2. If a court with jurisdiction determines that a CPAP provider has intentionally violated the provisions of this article with regard to a specific CPAP transaction, the CPAP provider is entitled to recover only the funded amount provided to the consumer claimant in that CPAP transaction and is not entitled to any additional charges.

As added by P.L.153-2016, SEC.7.

Ch. 6 Assignability

IC 24-12-6-1 Consumer claimant entitled to assign contingent right to receive proceeds of civil proceeding

Sec. 1. A consumer claimant may assign the contingent right to receive an amount of the potential proceeds of a civil proceeding.

As added by P.L.153-2016, SEC.7.

IC 24-12-6-2 CPAP transaction not considered a loan

Sec. 2. This article may not be construed to cause any CPAP transaction that complies with this article to be considered a loan or to be otherwise subject to any other provisions of Indiana law governing loans.

As added by P.L.153-2016, SEC.7.

Ch. 7 Attorney Prohibitions

IC 24-12-7-1 Attorney prohibitions

Sec. 1. An attorney or law firm retained by the consumer claimant in the civil proceeding may not have a financial interest in the CPAP provider offering a CPAP transaction to that consumer claimant. Additionally, any attorney who has referred the consumer claimant to the consumer claimant's retained attorney may not have a financial interest in the CPAP provider offering a CPAP transaction to that consumer claimant.

As added by P.L.153-2016, SEC.7.

Ch. 8 Privileged Communication

IC 24-12-8-1 Privileged communications

Sec. 1. No communication between the consumer claimant's attorney in the civil proceeding and the CPAP provider with respect to the CPAP transaction limits, waives, or abrogates the scope or nature of any statutory or common law privilege, including the work product doctrine and the attorney client privilege.

As added by P.L.153-2016, SEC.7.

Ch. 9 Licensure

IC 24-12-9-1 Regularly engaging in CPAP transactions; license from department of financial institutions required

Sec. 1. After December 31, 2016, a person may not regularly engage (as determined in accordance with IC 24-12-1-1(13)) in the business of making CPAP transactions with consumer claimants unless the person obtains, and maintains on an annual basis, a CPAP license issued by the department under this chapter.

As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.42.

IC 24-12-9-2 Repealed

As added by P.L.153-2016, SEC.7. Repealed by P.L.176-2019, SEC.43.

IC 24-12-9-3 CPAP transactions entered into before July 1, 2016; exemption

Sec. 3. A CPAP transaction entered into before July 1, 2016, is not subject to this article.

As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.44.

IC 24-12-9-4 Director's authority to use NMLSR in department's licensing system; reporting of information to NMLSR; confidentiality; director's authority to enter into agreements; waiver of privilege; processing fee; electronic records

Sec. 4. (a) Subject to subsection (f), the director may designate the NMLSR to serve as the sole entity responsible for:

(1) processing applications and renewals for licenses required under section 1 of this chapter;

(2) issuing unique identifiers for licensees under this chapter; and

(3) performing other services that the director determines are necessary for the orderly administration of the department's licensing system under this chapter.

(b) Subject to the confidentiality provisions contained in IC 5-14-3, this section, and IC 28-1-2-30, the director may regularly report to the NMLSR significant or recurring violations of this article.

(c) Subject to the confidentiality provisions contained in IC 5-14-3, this section, and IC 28-1-2-30, the director may report to the NMLSR complaints received regarding licensees under this chapter.

(d) The director may report to the NMLSR publicly adjudicated licensure actions against licensees under this chapter.

(e) The director shall establish a process in which persons licensed in accordance with this chapter may challenge information reported to the NMLSR by the department.

(f) The director's authority to designate the NMLSR under subsection (a) is subject to the following:

(1) Information stored in the NMLSR is subject to the confidentiality provisions of IC 5-14-3 and IC 28-1-2-30. A person may not:

(A) obtain information from the NMLSR unless the person is authorized to do so by statute;

(B) initiate any civil action based on information obtained from the NMLSR if the information is not otherwise available to the person under any other state law; or

(C) initiate any civil action based on information obtained from the NMLSR if the person could not have initiated the action based on information otherwise available to the person under any other state law.

(2) Documents, materials, and other forms of information in the control or possession of the NMLSR that are confidential under IC 28-1-2-30 and that are:

(A) furnished by the director, the director's designee, or a licensee; or

(B) otherwise obtained by the NMLSR;

are confidential and privileged by law and are not subject to inspection under IC 5-14-3, subject to subpoena, subject to discovery, or admissible in evidence in any civil action. However, the director may use the documents, materials, or other information available to the director in furtherance of any action brought in connection with the director's duties under this article.

(3) Disclosure of documents, materials, and information:

(A) to the director; or

(B) by the director;

under this subsection does not result in a waiver of any applicable privilege or claim of confidentiality with respect to the documents, materials, or information.

(4) Information provided to the NMLSR is subject to IC 4-1-11.

(5) This subsection does not limit or impair a person's right to:

(A) obtain information;

(B) use information as evidence in a civil action or proceeding; or

(C) use information to initiate a civil action or proceeding;

if the information may be obtained from the director or the director's designee under any law.

(6) The requirements under any federal law or IC 5-14-3 regarding the privacy or confidentiality of any information or material provided to the NMLSR, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to the information or material, continue to apply to the information or material after the information or material has been disclosed to the NMLSR. The information and material may be shared with all state and federal regulatory officials with financial services industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal law or IC 5-14-3.

(7) For purposes of this section, the director may enter agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, or other associations representing governmental agencies as established by rule or order of the director.

(8) Information or material that is subject to a privilege or confidentiality under subdivision (6) is not subject to:

(A) disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or

(B) subpoena, discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privileged information or material held by the NMLSR, the person to whom the information or material pertains waives, in whole or in part, in the discretion of the person, that privilege.

(9) Any provision of IC 5-14-3 that concerns the disclosure of:

(A) confidential supervisory information; or

(B) any information or material described in subdivision (6);

and that is inconsistent with subdivision (6) is superseded by this section.

(10) This section does not apply with respect to information or material that concerns the employment history of, and publicly adjudicated disciplinary and enforcement actions against, a person licensed in accordance with this chapter and described in section 5(b) of this chapter and that is included in the NMLSR for access by the public.

(11) The director may require a licensee required to submit information to the NMLSR to pay a processing fee considered reasonable by the director. In determining whether an NMLSR processing fee is reasonable, the director shall:

(A) require review of; and

(B) make available;

the audited financial statements of the NMLSR.

(g) Notwithstanding any other provision of law, any:

(1) application, renewal, or other form or document that:

(A) relates to licenses issued under this chapter; and

(B) is made or produced in an electronic format;

(2) document filed as an electronic record in a multistate automated repository established and operated for the licensing or registration of financial services entities and their employees; or

(3) electronic record filed through the NMLSR;

is considered a valid original document when reproduced in paper form by the department.

As added by P.L.176-2019, SEC.45.

IC 24-12-9-5 Applications for licenses; issuance; evidence of compliance; use of NMLSR; denial of application; right to hearing; fees; license not assignable or transferrable

Sec. 5. (a) The department shall receive and act on all applications for licenses to regularly engage as a CPAP provider in CPAP transactions. Applications must be as prescribed by the director of the department of financial institutions. If, at any time, the information or record contained in:

(1) an application; or

(2) a renewal application;

filed under this chapter is or becomes inaccurate or incomplete in a material respect, the applicant shall promptly file a correcting amendment with the department.

(b) A license shall not be issued unless the department finds that the professional training and experience, financial responsibility, character, and fitness of:

(1) the applicant and any significant affiliate of the applicant;

(2) each executive officer, director, or manager of the applicant, or any other individual having a similar status or performing a similar function for the applicant; and

(3) if known, each person directly or indirectly owning of record or owning beneficially at least ten percent (10%) of the outstanding shares of any class of equity security of the applicant;

are such as to warrant belief that the business will be operated honestly and fairly within the purposes of this article.

(c) The director is entitled to request evidence of compliance with this section at:

(1) the time of application;

(2) the time of renewal of a license; or

(3) any other time considered necessary by the director.

(d) Evidence of compliance with this section concerning a person licensed under this chapter may include:

(1) criminal background checks as described in section 6 of this chapter, including a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation, for any individual described in subsection (b);

(2) credit histories as described in section 7 of this chapter;

(3) surety bond requirements as described in section 8 of this chapter;

(4) a review of licensure actions in Indiana and other states; and

(5) other background checks considered necessary by the director.

(e) For purposes of this section and in order to reduce the points of contact that the director may have to maintain under this section, the director may use the NMLSR as a channeling agent for requesting and distributing information to and from any source as directed by the director.

(f) The department may deny an application under this section if the director of the department determines that the application was submitted for the benefit of, or on behalf of, a person who does not qualify for a license.

(g) Upon written request, the applicant is entitled to a hearing on the question of the qualifications of the applicant for a license as provided in IC 4-21.5.

(h) The applicant shall pay the following fees at the time designated by the department:

(1) An initial license fee as established by the department under IC 28-11-3-5.

(2) Examination fees as established by the department under IC 28-11-3-5.

(3) An annual renewal fee as established by the department under IC 28-11-3-5.

(i) A fee as established by the department under IC 28-11-3-5 may be charged for each day a fee under subsection (h)(2) or (h)(3) is delinquent.

(j) Except in a transaction approved under section 12 of this chapter, a license issued under this section is not assignable or transferable.

As added by P.L.176-2019, SEC.46.

IC 24-12-9-6 National criminal history background check; fingerprints; payment of fees or costs; use of NMLSR

Sec. 6. (a) When the director requests a national criminal history background check under section 5(d)(1) of this chapter for an individual described in section 5(b) of this chapter, the director shall require the individual to submit fingerprints to the department, state police department, or NMLSR, as directed, at the time evidence of compliance is requested under section 5(c) of this chapter. The individual to whom the request is made shall pay any fees or costs associated with processing and evaluating the fingerprints and the national criminal history background check. The national criminal history background check may be used by the director to determine the individual's compliance with this section. The director or the department may not release the results of the national criminal history background check to any private entity.

(b) For purposes of this section and in order to reduce the points of contact that the Federal Bureau of Investigation may have to maintain for purposes of this section, the director may use the NMLSR as a channeling agent for requesting information from and distributing information to the United States Department of Justice or any governmental agency.

As added by P.L.176-2019, SEC.47.

IC 24-12-9-7 Credit reports; payment of fees or costs; demonstrated financial responsibility; considerations

Sec. 7. (a) If the director requests a credit report for an individual described in section 5(b) of this chapter, the individual to whom the request is made shall pay any fees or costs associated with procuring the report.

(b) The individual must submit personal history and experience information in a form prescribed by the NMLSR, including the submission of authorization for the NMLSR or the director to obtain an independent credit report obtained from a consumer reporting agency described in Section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)).

(c) The director may consider one (1) or more of the following when determining if an individual has demonstrated financial responsibility:

(1) Bankruptcies filed within the last ten (10) years.

(2) Current outstanding judgments, except judgments solely as a result of medical expenses.

(3) Current outstanding tax liens or other government liens or filings.

(4) Foreclosures within the past three (3) years.

(5) A pattern of serious delinquent accounts within the past three (3) years.

As added by P.L.176-2019, SEC.48.

IC 24-12-9-8 Surety bond; requirements; amount; termination; liability; notices

Sec. 8. (a) If required by the department, each CPAP provider licensed by the department under this article must be covered by a surety bond in accordance with this section in an amount not to exceed fifty thousand dollars ($50,000).

(b) Any surety bond required under this section must:

(1) provide coverage for the CPAP provider in the amount set forth in subsection (d);

(2) be in a form prescribed by the director;

(3) be in effect during the term of the CPAP provider's license under this article;

(4) subject to subsection (c), remain in effect during the two (2) years after the license of the CPAP provider is surrendered or terminated;

(5) be payable to the department for the benefit of:

(A) the state; and

(B) individuals who reside in Indiana when they agree to enter into CPAP transactions with the CPAP provider;

(6) be issued by a bonding, surety, or insurance company authorized to do business in Indiana and rated at least "A-" by at least one (1) nationally recognized investment rating service; and

(7) have payment conditioned upon the CPAP provider's noncompliance with or violation of this chapter or other federal or state laws or regulations applicable to CPAP transactions.

(c) The director may adopt rules or guidance documents with respect to the requirements for a surety bond as necessary to accomplish the purposes of this article. Upon written request from a CPAP provider, the director may, at the discretion of the director, waive or shorten the two (2) year period set forth in subsection (b)(4) during which a surety bond required by this section must remain in effect after the CPAP provider's license under this article is surrendered or terminated.

(d) The penal sum of the surety bond shall be maintained in an amount determined by the director. If the principal amount of a surety bond required under this section is reduced by payment of a claim or judgment, the CPAP provider for whom the bond is issued shall immediately notify the director of the reduction and, not later than thirty (30) days after notice by the director, file a new or an additional surety bond in an amount set by the director. The amount of the new or additional bond set by the director must be at least the amount of the bond before payment of the claim or judgment.

(e) If for any reason a surety terminates a bond issued under this section, the CPAP provider shall immediately notify the department and file a new surety bond in an amount determined by the director.

(f) Cancellation of a surety bond issued under this section does not affect any liability incurred or accrued during the period when the surety bond was in effect.

(g) The director may obtain satisfaction from a surety bond issued under this section if the director incurs expenses, issues a final order, or recovers a final judgment under this chapter.

(h) Notices required under this section must be made in writing and submitted through the NMLSR or any other electronic registration system that may be approved by the director.

As added by P.L.176-2019, SEC.49. Amended by P.L.129-2020, SEC.9.

IC 24-12-9-9 License renewal; revocation or suspension of license not renewed; correcting amendments

Sec. 9. (a) A license issued under this article must be renewed not later than December 31 of each calendar year. The minimum standards for license renewal for a CPAP provider include the following:

(1) Payment by the CPAP provider of all required fees for renewal of the license.

(2) The filing by the CPAP provider of all reports and information required by the director.

(b) A license issued by the department under this article may be revoked or suspended by the department if the person fails to:

(1) file any renewal form required by the department; or

(2) pay any license renewal fee described under section 5(h)(3) of this chapter;

not later than sixty (60) days after the due date.

(c) A person whose license is revoked or suspended under this section may do either of the following:

(1) Pay all delinquent fees and apply for reinstatement of the license.

(2) Appeal the revocation or suspension to the department for an administrative review under IC 4-21.5-3.

Pending the decision from a hearing under IC 4-21.5-3 concerning license revocation or suspension, a license remains in force.

(d) If, at any time, the information or record contained in:

(1) an original application for licensure filed under this chapter; or

(2) a renewal application filed under this chapter;

is or becomes inaccurate or incomplete in a material respect, the applicant shall promptly file a correcting amendment with the department.

As added by P.L.176-2019, SEC.50.

IC 24-12-9-10 Suspension or revocation of license; order to show cause; order of revocation or suspension; relinquishment of license; preexisting contracts; emergency order for revocation

Sec. 10. (a) The department may issue to a person licensed under this article an order to show cause why the license should not be revoked or suspended for a period determined by the department.

(b) An order issued under subsection (a) must:

(1) include:

(A) a statement of the place, date, and time for a meeting with the department, which date may not be less than ten (10) days from the date of the order;

(B) a description of the action contemplated by the department; and

(C) a statement of the facts or conduct supporting the issuance of the order; and

(2) be accompanied by a notice stating that the licensee is entitled to:

(A) a reasonable opportunity to be heard; and

(B) show the licensee's compliance with all lawful requirements for retention of the license;

at the meeting described in subdivision (1)(A).

(c) After the meeting described in subsection (b)(1)(A), the department may revoke or suspend the license if the department finds that:

(1) the licensee has repeatedly and willfully violated:

(A) this article or any applicable rule, order, or guidance document adopted or issued by the department; or

(B) any other Indiana or federal laws, rules, or regulations applicable to CPAP transactions;

(2) the licensee does not meet the licensing qualifications set forth in this chapter;

(3) the licensee obtained the license for the benefit of, or on behalf of, a person who does not qualify for the license;

(4) the licensee knowingly or intentionally made material misrepresentations to, or concealed material information from, the department; or

(5) facts or conditions exist that, had they existed at the time the licensee applied for the license, would have been grounds for the department to deny the issuance of the license.

(d) Whenever the department revokes or suspends a license, the department shall enter an order to that effect and notify the licensee of:

(1) the revocation or suspension;

(2) if a suspension has been ordered, the duration of the suspension;

(3) the procedure for appealing the revocation or suspension under IC 4-21.5-3-6; and

(4) any other terms and conditions that apply to the revocation or suspension.

Not later than five (5) days after the entry of the order the department shall deliver to the licensee a copy of the order and the findings supporting the order.

(e) Any person holding a license to enter into CPAP transactions may relinquish the license by notifying the department in writing of the relinquishment, but the relinquishment does not affect the person's liability for acts previously committed and coming within the scope of this article.

(f) If the director determines it is in the public interest, the director may pursue revocation of a license of a licensee that has relinquished the license under subsection (e).

(g) If a person's license is revoked, suspended, or relinquished, the revocation, suspension, or relinquishment does not impair or affect any obligation owed by any person under any preexisting lawful contract.

(h) If the director has just cause to believe an emergency exists from which it is necessary to protect the interests of the public, the director may proceed with the revocation of a license through an emergency or another temporary order under IC 4-21.5-4.

As added by P.L.176-2019, SEC.51.

IC 24-12-9-11 Record keeping; use of unique identifier on forms and documents; submitting call reports to NMLSR; composite reports; notice to department of certain events or changes; notice of felony conviction

Sec. 11. (a) A CPAP provider required to be licensed under this article shall maintain records in conformity with United States generally accepted accounting principles and practices in a manner that will enable the department to determine whether the licensee is complying with the provisions of this article. The record keeping system of a licensee shall be sufficient if the licensee makes the required information reasonably available. The department shall determine the sufficiency of the records and whether the licensee has made the required information reasonably available. The department shall be given free access to the records wherever located. The records concerning any CPAP transaction shall be retained for two (2) years after making the final entry relating to the CPAP transaction. A person licensed or required to be licensed under this article is subject to IC 28-1-2-30.5 with respect to any records maintained by the person.

(b) If the director designates under section 4 of this chapter the NMLSR as the sole entity responsible for performing any of the activities described in section 4(a) of this chapter, the unique identifier of any licensee must be clearly shown on all CPAP transaction documents furnished by the licensee to a consumer claimant and on any other documents as required by the director.

(c) If the director designates under section 4 of this chapter the NMLSR as the sole entity responsible for performing any of the activities described in section 4(a) of this chapter, a CPAP provider that is licensed by the department under this article and that engages in CPAP transactions shall submit to the NMLSR a call report, which must be in the form and contain information the NMLSR requires, if required by the director.

(d) A CPAP provider required to be licensed under this article shall file with the department a composite report as required by the department, but not more frequently than annually, in the form prescribed by the department relating to all CPAP transactions entered into by the licensee. The department shall consult with comparable officials in other states for the purpose of making the kinds of information required in the reports uniform among the states. Information contained in the reports shall be confidential and may be published only in composite form. The department may impose a fee in an amount fixed by the department under IC 28-11-3-5 for each day that a CPAP provider fails to file the report required by this subsection.

(e) A CPAP provider required to be licensed under this article shall file notification with the department if the CPAP provider:

(1) has a change in name, address, or principals;

(2) opens a new branch, closes an existing branch, or relocates an existing branch;

(3) files for bankruptcy or reorganization; or

(4) is subject to revocation or suspension proceedings by a state or governmental authority with regard to the licensee's activities;

not later than thirty (30) days after the date of the event described in this subsection.

(f) A licensee shall file notification with the department if the licensee or any director, executive officer, or manager of the licensee has been convicted of a felony under the laws of Indiana or any other jurisdiction. The licensee shall file the notification required by this subsection not later than thirty (30) days after the date of the event described in this subsection.

As added by P.L.176-2019, SEC.52.

IC 24-12-9-12 Change in control of CPAP provider; application to department; timeframe for department's decision; conditions for approval; duty to report transfer of securities; director's discretion to require new license

Sec. 12. (a) As used in this section, "control" means possession of the power directly or indirectly to:

(1) direct or cause the direction of the management or policies of a CPAP provider, whether through the beneficial ownership of voting securities, by contract, or otherwise; or

(2) vote at least twenty-five percent (25%) of the voting securities of a CPAP provider, whether the voting rights are derived through the beneficial ownership of voting securities, by contract, or otherwise.

(b) An organization or an individual acting directly, indirectly, or through or in concert with one (1) or more other organizations or individuals may not acquire control of any CPAP provider unless the department has received and approved an application for change in control. The department has not more than one hundred twenty (120) days after receipt of an application to issue a notice approving the proposed change in control. The application must contain the name and address of the organization, individual, or individuals who propose to acquire control and any other information required by the director.

(c) The period for approval under subsection (b) may be extended:

(1) in the discretion of the director for an additional thirty (30) days; and

(2) not more than two (2) additional times for not more than forty-five (45) days each time if:

(A) the director determines that the organization, individual, or individuals who propose to acquire control have not submitted substantial evidence of the qualifications described in subsection (d);

(B) the director determines that any material information submitted is substantially inaccurate; or

(C) the director has been unable to complete the investigation of the organization, individual, or individuals who propose to acquire control because of any delay caused by or the inadequate cooperation of the organization, individual, or individuals.

(d) The department shall issue a notice approving the application only after the department is satisfied that both of the following apply:

(1) The organization, individual, or individuals who propose to acquire control are qualified by competence, experience, character, and financial responsibility to control and operate the CPAP provider in a legal and proper manner.

(2) The interests of the owners and creditors of the CPAP provider and the interests of the public generally will not be jeopardized by the proposed change in control.

(e) The director may determine, in the director's discretion, that subsection (b) does not apply to a transaction if the director determines that the direct or beneficial ownership of the CPAP provider will not change as a result of the transaction.

(f) The president or other chief executive officer of a CPAP provider shall report to the director any transfer or sale of securities of the CPAP provider that results in direct or indirect ownership by a holder or an affiliated group of holders of at least ten percent (10%) of the outstanding securities of the CPAP provider. The report required by this subsection must be made not later than ten (10) days after the transfer of the securities on the books of the CPAP provider.

(g) Depending on the circumstances of the transaction, the director may reserve the right to require the organization, individual, or individuals who propose to acquire control of a CPAP provider licensed under this article to apply for a new license under this chapter, instead of acquiring control of the licensee under this section.

As added by P.L.176-2019, SEC.53.

Ch. 10 Rules

IC 24-12-10-1 Powers of department of financial institutions; rules and policies; prior approval of documents

Sec. 1. The department of financial institutions may adopt rules under IC 4-22-2 or policies to implement this article. The department of financial institutions has all authority and powers necessary to regulate CPAP transactions, including the right to require the department's prior approval of:

(1) CPAP contracts;

(2) disclosures; and

(3) other documents;

to be used by CPAP providers in entering into CPAP transactions, in order to ensure that consumer complainants are provided with a detailed explanation of the costs and obligations involved in a CPAP transaction before entering into a CPAP contract.

As added by P.L.153-2016, SEC.7.

Ch. 11 Commercial Litigation Financing

IC 24-12-11-1 Definitions

Sec. 1. The following definitions apply throughout this chapter:

(1) "Commercial litigation financier" means a person that enters into, or offers to enter into, a commercial litigation financing agreement with a plaintiff in a civil proceeding. The term does not include a nonprofit organization.

(2) "Commercial litigation financing agreement" means a nonrecourse agreement that a commercial litigation financier enters into, or offers to enter into, to provide funding to support a plaintiff or the plaintiff's attorney in prosecuting the civil proceeding, if the repayment of the funded amount is:

(A) required only if the plaintiff prevails in the civil proceeding; and

(B) sourced entirely from the proceeds of the civil proceeding, whether the proceeds result from a judgment, a settlement, or some other resolution.

The term does not include a civil proceeding advance payment transaction, an agreement between an attorney and a client for the attorney to provide legal services on a contingency fee basis or to advance the client's legal costs, a health insurance plan or agreement, a repayment agreement of a financial institution if repayment is not contingent upon the outcome of the civil proceeding, a funding agreement to a nonprofit organization that represents a client on a pro bono basis, or an agreement of an assigned claim to prosecute an environmental contamination matter.

(3) "Foreign country of concern" includes the following:

(A) A foreign government listed in 15 CFR 791.4.

(B) A country designated as a threat to critical infrastructure by the governor under IC 1-1-16-8.

(4) "Foreign entity of concern" means a partnership, association, corporation, organization, or other combination of persons:

(A) organized or incorporated in a foreign country of concern;

(B) owned or controlled by the government, a political subdivision, or a political party of a foreign country of concern;

(C) that has a principal place of business in a foreign country of concern; or

(D) that is owned, organized, or controlled by or affiliated with a foreign organization that has been:

(i) placed on the federal Office of Foreign Assets Control specially designated nationals and blocked persons list ("SDN List"); or

(ii) designated by the United States Secretary of State as a foreign terrorist organization.

(5) "Foreign person" means:

(A) an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States;

(B) an unincorporated association, of which a majority of members are not citizens of the United States or aliens lawfully admitted for permanent residence in the United States;

(C) a corporation that is not incorporated in the United States;

(D) the government, a political subdivision, or a political party of a country other than the United States;

(E) an entity that is organized under the laws of a country other than the United States;

(F) an entity that has a principal place of business in a country other than the United States and that has shares or other ownership interest held by the government or a government official of a country other than that of the United States; and

(G) an employee, official, or member of any entity described in clauses (B) through (F).

As added by P.L.140-2024, SEC.2. Amended by P.L.116-2025, SEC.5.

IC 24-12-11-2 Commercial litigation financing agreement prohibitions

Sec. 2. A commercial litigation financier may not provide funding to a commercial litigation financing agreement that is directly or indirectly financed by a foreign entity of concern.

As added by P.L.140-2024, SEC.2.

IC 24-12-11-3 Protected documents and information

Sec. 3. A party may not disclose or share any documents or information subject to a court order to seal or protect that is received in the course of the civil proceeding with a commercial litigation financier.

As added by P.L.140-2024, SEC.2.

IC 24-12-11-4 Commercial litigation financier prohibitions

Sec. 4. A commercial litigation financier may not make any decision, have any influence, or direct the plaintiff or the plaintiff's attorney with respect to the conduct of the underlying civil proceeding or any settlement or resolution of the civil proceeding, or make any decision with respect to the conduct of the underlying civil proceeding or any settlement or resolution of the civil proceeding. The right to make these decisions remains solely with the plaintiff and the plaintiff's attorney in the civil proceeding.

As added by P.L.140-2024, SEC.2.

IC 24-12-11-5 Discovery; required notice

Sec. 5. (a) In a civil proceeding in which a plaintiff enters into a commercial litigation financing agreement, the contents of the commercial litigation financing agreement are subject to discovery under the Indiana Rules of Trial Procedure by:

(1) a party other than the plaintiff; or

(2) an insurer that has a duty to defend another party in the civil proceeding.

(b) In a civil proceeding in which a plaintiff enters into a commercial litigation financing agreement that is directly or indirectly financed by a foreign person, the plaintiff or the plaintiff's attorney shall provide to:

(1) each of the other parties in the civil proceeding; and

(2) each insurer that has a duty to defend another party in the civil proceeding;

written notice that the plaintiff has entered into a commercial litigation financing agreement.

(c) A plaintiff or the plaintiff's attorney shall provide the written notice required by subsection (b) within a reasonable time after the date on which the commercial litigation financing agreement was executed.

As added by P.L.140-2024, SEC.2.

Art. 13 Pyramid Promotional Schemes

Ch. 1 Definitions

IC 24-13-1-1 Definitions

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.105-2017, SEC.3.

IC 24-13-1-2 "Appropriate inventory repurchase program"

Sec. 2. "Appropriate inventory repurchase program" means a program by which an entity repurchases from a salesperson current and marketable inventory in the possession of the salesperson, upon request and upon commercially reasonable terms, when the salesperson's business relationship with the entity ends.

As added by P.L.105-2017, SEC.3.

IC 24-13-1-3 "Commercially reasonable terms"

Sec. 3. "Commercially reasonable terms" means the repurchase of current and marketable inventory within twelve (12) months after the date of purchase at not less than ninety percent (90%) of the original net cost, less appropriate set-offs and legal claims, if any.

As added by P.L.105-2017, SEC.3.

IC 24-13-1-4 "Compensation"

Sec. 4. "Compensation" means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to participate in a pyramid promotional scheme.

As added by P.L.105-2017, SEC.3.

IC 24-13-1-5 "Consideration"

Sec. 5. "Consideration" means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities.

As added by P.L.105-2017, SEC.3.

IC 24-13-1-6 "Inventory"

Sec. 6. "Inventory" includes both goods and services, including company produced promotional materials, sales aids, and sales kits that an entity requires independent salespersons to purchase.

As added by P.L.105-2017, SEC.3.

IC 24-13-1-7 "Inventory loading"

Sec. 7. "Inventory loading" means the requirement or encouragement by a plan or operation that its independent salesperson purchase inventory in an amount that exceeds the amount that the salesperson can expect to resell for ultimate consumption or to consume in a reasonable time period, or both.

As added by P.L.105-2017, SEC.3.

IC 24-13-1-8 "Promote"

Sec. 8. "Promote" means to contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce another person to participate in a pyramid promotional scheme.

As added by P.L.105-2017, SEC.3.

IC 24-13-1-9 "Pyramid promotional scheme"

Sec. 9. "Pyramid promotional scheme" means any plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation. The term includes any plan or operation under which the number of people who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation, or any plan or operation under which a person, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation.

As added by P.L.105-2017, SEC.3.

Ch. 2 Pyramid Promotional Schemes Prohibited

IC 24-13-2-1 Pyramid promotional scheme prohibited

Sec. 1. A person may not establish, promote, or operate any pyramid promotional scheme. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme.

As added by P.L.105-2017, SEC.3.

Ch. 3 Enforcement Powers of the Attorney General

IC 24-13-3-1 Attorney general authorized to issue cease and desist orders, bring court actions, and impose civil penalties

Sec. 1. (a) If the attorney general has reasonable cause to believe that a person has engaged or is about to engage in any act or practice constituting a violation of any provision of this article, or any order issued under this article, the attorney general may do any of the following:

(1) Issue a cease and desist order, with or without a prior hearing, against any person engaged in the prohibited activities, directing the person to cease and desist from further illegal activities.

(2) Bring an action in the circuit court of the county in which the violation is believed to have occurred to:

(A) enjoin the acts or practices constituting a violation of this article; or

(B) enforce compliance with this article or any order issued under this article.

(3) Impose by order and collect a civil penalty against any person found in an administrative action to have violated any provision of this article or any order issued under this article.

(b) The maximum amount of a civil penalty that may be imposed upon a person under subsection (a) is ten thousand dollars ($10,000) for each violation committed by the person. The attorney general may bring an action in the circuit court of the county in which the violation occurred to recover a penalty imposed under this chapter. The attorney general shall transfer all civil penalties collected under this chapter to the treasurer of state for deposit in the state general fund.

As added by P.L.105-2017, SEC.3.

IC 24-13-3-2 Requests for hearing on cease and desist order; circuit court review

Sec. 2. (a) A person named in a cease and desist order issued under this article must be notified of the person's right to file, within fifteen (15) days after the receipt of the order, a written notice for a hearing. If the attorney general does not receive a written request for a hearing within the time specified, the cease and desist order is permanent and the person named in the order is considered to have waived all rights to a hearing. A cease and desist order issued under this article must state:

(1) the effective date of the order;

(2) the intent or purpose of the order; and

(3) the grounds on which the order is based.

(b) A person aggrieved by a final order issued under this article may obtain a review of the order in the circuit court of the county in which the violations of this article are found to have occurred.

As added by P.L.105-2017, SEC.3.

IC 24-13-3-3 Powers of the circuit court

Sec. 3. (a) Upon a proper showing to the appropriate circuit court, a permanent injunction, temporary injunction, restraining order, or writ of mandamus may be granted and a receiver or conservator may be appointed for the person alleged to have violated this article or the assets of the person alleged to have violated this article. In addition, upon a proper showing by the attorney general, the circuit court may enter an order of rescission, restitution, or disgorgement directed to any person who has engaged in any act violating this article or any order issued under this article.

(b) The circuit court may not require the attorney general to post a bond.

(c) The circuit court may award to the attorney general court costs and attorney's fees in an action brought under this chapter.

As added by P.L.105-2017, SEC.3.

IC 24-13-3-4 Authorization of other enforcement actions by the attorney general or a prosecuting attorney

Sec. 4. This chapter does not bar the attorney general or a prosecuting attorney from proceeding under any other provision of law against a pyramid promotional scheme or any person involved with a pyramid promotional scheme.

As added by P.L.105-2017, SEC.3.

IC 24-13-3-5 Administrative rules

Sec. 5. The attorney general shall adopt rules under IC 4-22-2 necessary to administer and implement this chapter.

As added by P.L.105-2017, SEC.3.

Ch. 4 Private Actions and Proceedings

IC 24-13-4-1 Maximum damages under private cause of action; discretionary treble damages; attorney's fees

Sec. 1. (a) A person may bring an action against a person who establishes, operates, promotes, or assists another to promote a pyramid promotional scheme for:

(1) the damages actually suffered as a result of the pyramid promotional scheme; or

(2) one thousand dollars ($1,000);

whichever is greater.

(b) The court may increase damages awarded under this section in an amount that does not exceed:

(1) three (3) times the actual damages of the person suffering the loss; or

(2) three thousand dollars ($3,000).

(c) The court may award reasonable attorney's fees to a party that prevails in an action under this section.

(d) Actual damages awarded to a person have priority over any civil penalty imposed under this article.

As added by P.L.105-2017, SEC.3.

IC 24-13-4-2 Class actions

Sec. 2. (a) A person who is entitled to bring an action on the person's own behalf under section 1 of this chapter may bring a class action on behalf of any class of persons of which the person is a member and that has been damaged by the pyramid promotional scheme, subject to and under the Indiana Rules of Trial Procedure governing class actions.

(b) The court may award reasonable attorney's fees to the party that prevails in a class action under this section. The attorney's fees must be determined by the amount of time reasonably expended by the attorney and not by the amount of the judgment. The court, however, may consider awarding a contingency fee.

(c) Any money or other property recovered in a class action under this section that cannot, with due diligence, be restored to the members of the class within one (1) year after the final judgment must be returned to the abandoned property fund under IC 32-34-1.5-42.

(d) Actual damages awarded to a class have priority over any civil penalty imposed under this article.

As added by P.L.105-2017, SEC.3. Amended by P.L.141-2021, SEC.10.

Ch. 5 Rule of Construction and its Application to Certain Marketing Operations

IC 24-13-5-1 Circumstances under which this article may not be construed to prohibit a plan or operation as a pyramid promotional scheme

Sec. 1. This article may not be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale if both of the following conditions are satisfied:

(1) The plan or operation does not promote or induce inventory loading.

(2) The plan or operation implements an appropriate inventory repurchase program.

As added by P.L.105-2017, SEC.3.

IC 24-13-5-2 Required disclosures about appropriate inventory repurchase programs

Sec. 2. An entity must clearly describe an appropriate inventory repurchase program in its recruiting literature, sales manual, or contracts with independent salespersons. The recruiting literature, sales manual, or contract must disclose any inventory that is not eligible for repurchase under the program.

As added by P.L.105-2017, SEC.3.

IC 24-13-5-3 Inventory exempted from appropriate inventory repurchase programs

Sec. 3. An appropriate inventory repurchase program is not required to apply to inventory that:

(1) is no longer within the inventory's commercially reasonable use or shelf life period; or

(2) has been used or opened.

As added by P.L.105-2017, SEC.3.

IC 24-13-5-4 Required disclosure of inventory exempted from appropriate inventory repurchase programs

Sec. 4. An entity must clearly describe to a salesperson, prior to purchase, inventory that is excluded from the entity's appropriate inventory repurchase program as seasonal, discontinued, or special promotion products not subject to the entity's appropriate inventory repurchase program.

As added by P.L.105-2017, SEC.3.

IC 24-13-5-5 Burden of proof

Sec. 5. Notwithstanding section 1 of this chapter, the burden of showing that a participant or other person derives compensation primarily from the sale and consumption of goods, services, or intangible property lies with the plan or operation or a person involved with the plan or operation.

As added by P.L.105-2017, SEC.3.

Art. 14 Towing Services

Ch. 1 Application

IC 24-14-1-1 Application of article

Sec. 1. (a) This article applies to any person engaging in, or offering to engage in, the business of providing towing service in Indiana.

(b) This article does not apply to the towing of motor vehicles:

(1) into Indiana; or

(2) through Indiana;

if the towing originates in another state.

As added by P.L.281-2019, SEC.5.

IC 24-14-1-2 Exceptions to application of chapter

Sec. 2. This article does not apply to the following:

(1) Government agency towing.

(2) Seizure towing.

(3) Towing performed by, on behalf of, or under contract with:

(A) an automobile club;

(B) a car dealership;

(C) an insurance company; or

(D) a customer under a consensual towing agreement.

As added by P.L.281-2019, SEC.5.

IC 24-14-1-3 Application of article to other statutes

Sec. 3. This article does not supersede or nullify a towing company's or any other person's rights, duties, or obligations under the following:

(1) IC 24-4-6-2.

(2) IC 9-22-1.

(3) IC 9-22-6.

As added by P.L.281-2019, SEC.5.

Ch. 2 Definitions

IC 24-14-2-1 Application of definitions

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-2 "Affiliate"

Sec. 2. "Affiliate" has the meaning set forth in IC 23-1-43-1.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-3 "Automobile club"

Sec. 3. (a) "Automobile club" means a person that, for consideration, promises to assist its members or subscribers in matters relating to:

(1) motor travel; or

(2) the operation, use, or maintenance of a motor vehicle;

by supplying services, which may include towing service, emergency road service, or indemnification service.

(b) The term includes:

(1) a motor vehicle dealer; or

(2) an insurance company;

operating as an automobile club to provide any of the services described in subsection (a).

As added by P.L.281-2019, SEC.5.

IC 24-14-2-3.8 "Compensation"

Sec. 3.8. "Compensation" means any money, thing of value, or economic benefit conferred on, or received by, a person in return for services rendered, or for services to be rendered, whether by that person or another person.

As added by P.L.227-2025, SEC.43.

IC 24-14-2-4 "Consensual towing agreement"

Sec. 4. "Consensual towing agreement" means an agreement between a towing company and a person or business to perform towing services at the request of the owner, operator, or person having legal custody of the vehicle that is agreed upon prior to the vehicle being towed.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-5 "Emergency towing"

Sec. 5. "Emergency towing" means the towing and storage of a motor vehicle, with or without the owner's consent, because of:

(1) a motor vehicle accident on a public street, road, or highway; or

(2) an incident:

(A) related to an emergency; and

(B) necessitating the removal of the motor vehicle from a location for public safety reasons.

As added by P.L.281-2019, SEC.5. Amended by P.L.227-2025, SEC.44.

IC 24-14-2-6 "Flat bed service"

Sec. 6. "Flat bed service" means a type of towing service that involves moving vehicles by loading them onto a flat bed platform.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-7 "Government agency towing"

Sec. 7. "Government agency towing" means the towing of a government owned or government controlled vehicle by the government agency that owns or controls the towed vehicle.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-8 "Local law enforcement agency"

Sec. 8. "Local law enforcement agency" has the meaning set forth in IC 9-26-9-2.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-9 "Law enforcement towing"

Sec. 9. (a) "Law enforcement towing" means the towing of a motor vehicle for law enforcement purposes.

(b) The term includes towing for law enforcement purposes that is performed by a towing company:

(1) under a contract with the state, a local unit, or a local law enforcement agency of the state or local unit; or

(2) on behalf of the state, a local unit, or a local law enforcement agency of the state or local unit.

(c) The term does not include seizure towing.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-10 "Motor vehicle"

Sec. 10. "Motor vehicle" means any vehicle that:

(1) is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails); and

(2) has at least four (4) wheels.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-11 "Owner"

Sec. 11. "Owner", with respect to a motor vehicle, means the registered owner, as determined by a search under IC 9-22-1-19.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-12 "Private property towing"

Sec. 12. "Private property towing" means the towing of a motor vehicle, without the owner's consent:

(1) from private property on which the motor vehicle was illegally parked; or

(2) from private property because of an exigent circumstance necessitating its removal;

to another location.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-12.3 "Property"

Sec. 12.3. "Property", for purposes of IC 24-14-7, has the meaning set forth in IC 24-14-7-3.

As added by P.L.227-2025, SEC.45.

IC 24-14-2-13 "Seizure towing"

Sec. 13. "Seizure towing" means the towing of a motor vehicle for law enforcement purposes involving:

(1) the maintenance of the chain of custody of evidence; or

(2) the forfeiture of assets.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-14 "Storage facility"

Sec. 14. (a) "Storage facility" means any:

(1) lot;

(2) facility; or

(3) other property;

used to store motor vehicles that have been removed from another location by a tow truck.

(b) The term includes a storage yard (as defined in IC 9-22-1-3.5).

As added by P.L.281-2019, SEC.5.

IC 24-14-2-15 "Tow truck"

Sec. 15. "Tow truck" means a motor vehicle equipped to provide any form of towing service, including recovery service or flat bed service.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-16 "Tow truck operator"

Sec. 16. "Tow truck operator" means an individual who operates a tow truck as an employee or agent of a towing company.

As added by P.L.281-2019, SEC.5.

IC 24-14-2-17 "Towing company"

Sec. 17. (a) "Towing company" means a service or business that:

(1) tows or otherwise moves motor vehicles by means of a tow truck; or

(2) owns or operates a storage lot.

(b) The term includes a tow truck operator acting on behalf of a towing company when appropriate in the context.

As added by P.L.281-2019, SEC.5.

Ch. 3 Emergency Towing

IC 24-14-3-1 Application of chapter

Sec. 1. This chapter applies to a towing company that engages in, or offers to engage in, emergency towing.

As added by P.L.281-2019, SEC.5.

IC 24-14-3-2 Prohibition against stopping or causing a person to stop at scene of accident; exceptions

Sec. 2. (a) Except as provided in subsection (b), a towing company shall not stop, or cause a person to stop, at the scene of an accident or near a disabled motor vehicle:

(1) if there is an injury as the result of an accident; or

(2) for the purpose of:

(A) soliciting an engagement for emergency towing services;

(B) moving a motor vehicle from a public street, road, or highway; or

(C) accruing charges in connection with an activity described in clause (A) or (B).

(b) A towing company may stop, or cause a person to stop, at the scene of an accident or near a disabled motor vehicle under the circumstances or for any of the purposes described in subsection (a) if:

(1) the towing company is requested to stop or to perform a towing service by a law enforcement officer or by authorized state, county, or municipal personnel;

(2) the towing company is summoned to the scene or requested to stop by the owner or operator of a disabled vehicle;

(3) the owner of a disabled motor vehicle has previously provided consent to the towing company to stop or perform a towing service; or

(4) the towing company has a reasonable belief that a motorist is in need of immediate aid.

However, a towing company may not offer towing services under subdivision (4) unless one of the conditions described in subdivisions (1) through (3) are also met.

As added by P.L.281-2019, SEC.5.

IC 24-14-3-3 Permitted acts by owner or operator of motor vehicle; exceptions; permissible fees

Sec. 3. (a) Except as provided in subsections (b) and (c), the owner or operator of a disabled motor vehicle may, in consultation with law enforcement or with authorized state, county, or municipal personnel (if appropriate):

(1) summon to the disabled motor vehicle's location the towing company of the owner's or operator's choice, either directly or through an insurance company's or an automobile club's emergency service arrangement; and

(2) designate the location to which the disabled motor vehicle is to be towed.

However, if the location designated by the owner or operator is not a storage facility owned or operated by the towing company, the owner or operator must make arrangements for payment to the towing company prior to the tow truck leaving the scene. The fee charged by the towing company may not be more than normally charged by the towing company for the service provided.

(b) Subsection (a) does not apply:

(1) in any case in which the owner or operator of a disabled motor vehicle:

(A) is incapacitated or otherwise unable to summon a towing company; or

(B) defers to law enforcement or to authorized state, county, or municipal personnel as to:

(i) the towing company to be summoned; or

(ii) the location to which the disabled motor vehicle is to be towed; or

(2) in the event of a declared emergency.

(c) The authority of an owner or operator of a disabled vehicle to summon the towing company of the owner's or operator's choice under subsection (a) shall be superseded by a law enforcement officer or by authorized state, county, or municipal personnel if the towing company of choice of the owner or operator:

(1) is unable to respond to the location of the disabled motor vehicle in a timely fashion; and

(2) the disabled motor vehicle:

(A) is a hazard;

(B) impedes the flow of traffic; or

(C) may not legally remain in its location;

in the opinion of the law enforcement officer or authorized state, county, or municipal personnel.

As added by P.L.281-2019, SEC.5.

IC 24-14-3-4 Motor vehicle as safety hazard

Sec. 4. If a disabled motor vehicle:

(1) is causing; or

(2) poses;

a safety hazard to any of the parties at the scene of the disabled motor vehicle, the disabled motor vehicle may be moved by a towing company to a safe location after being released by a law enforcement officer or by authorized state, county, or municipal personnel for that purpose.

As added by P.L.281-2019, SEC.5.

IC 24-14-3-5 Emergency towing; record keeping requirements

Sec. 5. (a) If a towing company is summoned for emergency towing by the owner or operator of a disabled motor vehicle, the towing company shall make a record of the following, to the extent available:

(1) The:

(A) first and last name; and

(B) telephone number;

of the person who summoned the towing company to the scene.

(2) The make, model, year, vehicle identification number, and license plate number of the disabled motor vehicle.

(b) If a towing company is summoned for emergency towing by a law enforcement officer or by authorized state, county, or municipal personnel, the towing company shall make a record of the following, to the extent available:

(1) The identity of:

(A) the local law enforcement agency; or

(B) the authorized state, county, or municipal agency;

requesting the emergency towing.

(2) The make, model, year, vehicle identification number, and license plate number of the disabled motor vehicle.

(c) A towing company:

(1) shall:

(A) maintain a record created under subsection (a) or (b); and

(B) provide a record created under subsection (a) or (b) to a local law enforcement agency upon request;

from the time the towing company appears at the scene of the disabled motor vehicle until the time the motor vehicle is towed and released to an authorized party; and

(2) shall:

(A) retain a record created under subsection (a) or (b) for a period of two (2) years from the date the disabled vehicle was towed from the scene; and

(B) throughout the two (2) year period described in clause (A), make the record available for inspection and copying, not later than two (2) business days after receiving a written request for inspection from:

(i) a local law enforcement agency;

(ii) the attorney general;

(iii) the disabled motor vehicle's owner; or

(iv) an authorized agent of the disabled motor vehicle's owner.

As added by P.L.281-2019, SEC.5.

IC 24-14-3-6 Emergency towing; procedure

Sec. 6. A towing company that performs emergency towing under this chapter shall do the following:

(1) Properly secure all towed motor vehicles.

(2) Take all reasonable efforts to prevent:

(A) further damage (including weather damage) to; or

(B) the theft of;

all towed motor vehicles, including a towed motor vehicle's cargo and contents.

As added by P.L.281-2019, SEC.5.

IC 24-14-3-7 Access to the scene of a disabled motor vehicle

Sec. 7. A towing company responding to a summons for an emergency towing under this chapter may utilize the shoulder of the roadway as necessary to reach the scene of the disabled motor vehicle.

As added by P.L.81-2026, SEC.3.

Ch. 4 Commercial Private Property Towing

IC 24-14-4-1 Application of chapter

Sec. 1. (a) This chapter applies to a towing company that engages in, or offers to engage in, private commercial property towing.

(b) This chapter does not apply to the towing of a motor vehicle from a tow-away zone that is not located on commercial private property.

As added by P.L.281-2019, SEC.5.

IC 24-14-4-2 Commercial private property tow-away zones; exceptions

Sec. 2. (a) Except as provided in subsections (b) and (c), the owner of a commercial private property may establish a tow-away zone on the owner's property. A commercial private property owner that establishes a tow-away zone under this section must post a tow-away zone sign at the location of the tow-away zone that is at a height of more than five (5) feet and less than seven (7) feet from the ground, conspicuous, and clearly visible to the public. A tow-away zone sign described under this section shall provide the following information:

(1) A statement that the area in the immediate vicinity of the sign is a tow-away zone.

(2) Pertinent contact information.

(3) A description of any person permitted to park in the affected area, if applicable.

(b) A commercial private property owner may have a motor vehicle towed from the owner's commercial private property without first displaying signage concerning the tow-away zone if the motor vehicle is removed under IC 9-22-1-16.

(c) A unit (as defined in IC 36-1-2-23) may adopt an ordinance that provides for different requirements than those provided in this section.

(d) Except as provided in subsection (b), a towing company may not tow a motor vehicle from a tow-away zone if the tow-away zone sign is not at the height required under subsection (a).

As added by P.L.281-2019, SEC.5. Amended by P.L.81-2026, SEC.4.

IC 24-14-4-3 Emergency towing; distance restrictions

Sec. 3. A towing company that tows a motor vehicle under this chapter shall ensure that the motor vehicle is towed to:

(1) a storage facility within forty (40) miles of the location of the tow-away zone from which the motor vehicle was removed; or

(2) if there is no storage facility within forty (40) miles of the location of the tow-away zone, to the storage facility nearest to the tow-away zone that has been approved by the commercial private property owner from where the motor vehicle was towed.

As added by P.L.281-2019, SEC.5.

IC 24-14-4-4 Release of motor vehicle to owner or operator during tow; permitted fees

Sec. 4. If the owner or operator of a motor vehicle that is parked in violation of a tow-away zone arrives at the location of the tow-away zone while the motor vehicle is in the process of being towed, the towing company shall give the owner or operator either oral or written notification that the owner or operator may pay a fee in an amount that is not greater than half of the amount of the fee the towing company normally charges for the release of a motor vehicle. Upon the owner's or operator's payment of the amount specified, the towing company shall:

(1) release the motor vehicle to the owner or operator; and

(2) give the owner or operator a receipt showing:

(A) the full amount of the fee the towing company normally charges for the release of a motor vehicle; and

(B) the amount of the fee paid by the owner or operator.

As added by P.L.281-2019, SEC.5.

IC 24-14-4-5 Notice to law enforcement agencies

Sec. 5. If required by the local law enforcement agency, not later than two (2) hours after completing a tow of a motor vehicle from a commercial private property described under this chapter, a towing company shall provide notice of the towing to the local law enforcement agency having jurisdiction in the location of the private property.

As added by P.L.281-2019, SEC.5.

IC 24-14-4-6 Commercial private property towing procedure; reimbursement

Sec. 6. A towing company that performs commercial private property towing under this chapter shall do the following:

(1) Properly secure all towed motor vehicles.

(2) Take all reasonable efforts to prevent:

(A) further damage (including weather damage) to; or

(B) the theft of;

all towed motor vehicles, including a towed motor vehicle's cargo and contents.

(3) Except for a towing performed under IC 9-22-1, reimburse the owner of the motor vehicle for any damage caused by the towing company.

As added by P.L.281-2019, SEC.5. Amended by P.L.81-2026, SEC.5.

IC 24-14-4-7 Abandoned vehicles; rights of private property owner

Sec. 7. This chapter does not affect a private property owner's rights under IC 9-22-1 with respect to abandoned vehicles on the property owner's property.

As added by P.L.281-2019, SEC.5.

Ch. 5 Invoices for Towing Services

IC 24-14-5-1 Itemized towing charges; required information; record keeping requirements

Sec. 1. (a) An itemized invoice of actual towing charges assessed by a towing company shall be made available to the owner of the motor vehicle or the owner's agent not later than one (1) business day after:

(1) the tow is completed; or

(2) the towing company has obtained all necessary information to be included on the invoice, including any charges submitted by subcontractors used by the towing company to complete the tow and recovery.

(b) The itemized invoice required by this section must contain the following information:

(1) The location from which the motor vehicle was towed.

(2) The location to which the motor vehicle was towed.

(3) The name, address, and telephone number of the towing company.

(4) A description of the towed motor vehicle, including the:

(A) make;

(B) model;

(C) year; and

(D) vehicle identification number;

of the motor vehicle.

(5) The license plate number and state of registration for the towed motor vehicle.

(6) The cost of the original towing service.

(7) The cost of any vehicle storage fees, expressed as a daily rate.

(8) Other fees, including documentation fees and motor vehicle search fees. Each fee must include a full description of the services that were provided.

(9) The costs for services that were performed under a warranty or that were otherwise performed at no cost to the owner of the motor vehicle.

(10) An attestation that all items invoiced were used and necessary in the ordinary course of business.

(11) A good faith estimate of the time that each invoiced item was used and the location.

(12) The number of miles the vehicle was towed.

(c) Any service or fee in addition to the services or fees described in subsection (b)(6), (b)(7), or (b)(8) must be set forth individually as a single line item on the invoice required by this section, with an explanation and the exact charge for the service or the exact amount of the fee.

(d) A copy of each invoice and receipt submitted by a tow truck operator in accordance with this section shall:

(1) be retained by the towing company for a period of two (2) years from the date of issuance; and

(2) throughout the two (2) year period described in subdivision (1), be made available for inspection and copying not later than forty-eight (48) hours after receiving a written request for inspection from:

(A) a law enforcement agency;

(B) the attorney general;

(C) the prosecuting attorney or city attorney having jurisdiction in the location of any of the towing company's Indiana business locations;

(D) the disabled motor vehicle's owner; or

(E) the agent of the disabled motor vehicle's owner.

As added by P.L.281-2019, SEC.5. Amended by P.L.227-2025, SEC.46.

IC 24-14-5-2 Fees for emergency towing and private property towing

Sec. 2. A towing company may charge fees for emergency towing and private property towing as follows:

(1) If the towing service is an emergency towing requested by the state police department and the towing company has filed its rates to be part of the state police department's towing rotation, at the rate agreed to by the towing company and the state police department.

(2) If the towing service is an emergency towing requested by a local law enforcement agency and the local law enforcement agency has set rates, at the rate of the local law enforcement agency or at the rate provided to the local law enforcement agency.

(3) If the towing service is an emergency towing requested by a local law enforcement agency and the local law enforcement agency does not have set rates or rates provided to the local law enforcement agency, at the following rates:

(A) The rate the towing company provides to the state police department district in which the tow occurs.

(B) If the towing company does not have rates filed with the state police department district in which the tow occurs, then a rate that is not more than the state police department district's towing and storage agreements.

(4) If the towing service is a private property towing requested by a property owner that does not have a towing agreement with the towing company, at the rate applicable under subdivision (2) or (3).

(5) If the towing service is a private property towing requested by a property owner that has a towing agreement with the towing company, at the rate applicable in the towing agreement.

A towing company with a towing agreement that uses the services of another towing company to respond to an emergency towing may not charge a rate for the other towing company's services that is greater than the rate provided in the towing agreement.

As added by P.L.227-2025, SEC.47.

Ch. 6 Notice Requirements

IC 24-14-6-1 Required actions

Sec. 1. Not later than three (3) business days after a completed tow, the towing company or storage facility responsible for a towed vehicle must:

(1) search:

(A) the National Motor Vehicle Title Information System data base (as described under 49 U.S.C. 30502); or

(B) an equivalent and commonly available data base; and

(2) comply with:

(A) IC 9-22-1-19; or

(B) IC 9-22-1-21;

as applicable.

As added by P.L.281-2019, SEC.5.

Ch. 7 Releasing Towed Motor Vehicles

IC 24-14-7-1 Application of chapter

Sec. 1. This chapter applies to the following:

(1) A towing company that tows and stores a motor vehicle under this article.

(2) A storage facility that stores a motor vehicle that is towed by a towing company under this article, regardless of whether the towing company and the storage facility are affiliates.

As added by P.L.281-2019, SEC.5.

IC 24-14-7-2 Release of motor vehicles; required actions; right to inspection; forms of payment

Sec. 2. (a) Upon payment of all costs relating to a tow, the storage of a motor vehicle, and all allowable fees, as applicable, the towing company or storage facility shall release the motor vehicle to a properly identified person who owns or holds a lien on the motor vehicle. Each release performed under this subsection shall comply with the procedures and be subject to the same requirements set forth in IC 9-22-1-8 with respect to abandoned motor vehicles.

(b) The owner, lienholder, or insurance company representative responsible for releasing a motor vehicle under this section shall have the right to inspect the motor vehicle during normal business hours before accepting the release of the motor vehicle.

(c) A towing company or storage facility shall accept the following forms of payment:

(1) Cash.

(2) Certified check.

(3) Insurance check.

(4) Money order.

(5) Credit card.

(6) Debit card.

(d) A towing company or storage facility may not charge a credit card service fee of more than three percent (3%).

(e) A towing company or storage facility, upon receiving payment for all costs and fees assessed against a motor vehicle, shall provide an itemized receipt that includes the information described under IC 24-14-5 if the information is available.

(f) A towing company or storage facility shall comply with IC 9-22-1-8.

As added by P.L.281-2019, SEC.5. Amended by P.L.81-2026, SEC.6.

IC 24-14-7-3 Release of property to owner or lienholder

Sec. 3. (a) As used in this section, "property" means any of the following:

(1) A truck (as defined in IC 9-13-2-188).

(2) A trailer (as defined in IC 9-13-2-184).

(3) Cargo.

(b) A person may file a complaint with the attorney general alleging a violation of this article under IC 24-14-10-1 if the person:

(1) owns or holds a lien on property held at a towing company or storage facility; and

(2) believes the charges relating to a tow or the storage of the property are unreasonable.

(c) Not later than twenty-four (24) hours after receipt of:

(1) seventy-five percent (75%) of the amount charged;

(2) proof of a bond obtained by the owner for the remaining twenty-five percent (25%) of the amount of the invoice; and

(3) a copy of a complaint filed with the attorney general alleging a violation of this article under IC 24-14-10-1;

a towing company or storage facility shall release all property to a properly identified person who owns or holds a lien on the property.

As added by P.L.227-2025, SEC.48.

Ch. 8 Fees and Records

IC 24-14-8-1 Towing, clean-up, and storage fees

Sec. 1. A towing company or storage facility shall charge a fee for towing, clean-up services, or storage of a motor vehicle that is reasonable and may not exceed the storage rates allowed under IC 9-22-1-4.

As added by P.L.281-2019, SEC.5. Amended by P.L.227-2025, SEC.49.

IC 24-14-8-2 Invoice requirement; record keeping requirements

Sec. 2. All services provided by a towing company or storage facility, including any warranty service or zero cost service, shall be recorded on an invoice. The towing company or storage facility shall:

(1) maintain the invoice described in this section for a period of not less than two (2) years from the date of issuance; and

(2) throughout the two (2) year period described in subdivision (1), make the invoice available for inspection and copying not later than forty-eight (48) hours after receiving a written request for inspection from:

(A) a law enforcement agency;

(B) the attorney general;

(C) the prosecuting attorney or city attorney having jurisdiction in the location of any of the towing company's Indiana business locations;

(D) the disabled motor vehicle's owner; or

(E) the agent of the disabled motor vehicle's owner.

As added by P.L.281-2019, SEC.5.

IC 24-14-8-3 Access to invoice by law enforcement agencies or attorney general

Sec. 3. Upon demand, a towing company or storage facility shall furnish a copy of the invoice described in IC 24-14-5 and all supporting documentation, including payroll records and copies of invoices from third parties that are included on the invoice, to a local law enforcement agency or the office of the attorney general.

As added by P.L.281-2019, SEC.5. Amended by P.L.227-2025, SEC.50.

Ch. 9 Prohibited Acts

IC 24-14-9-1 Prohibited actions for towing companies

Sec. 1. A towing company shall not do any of the following:

(1) Falsely represent, either expressly or by implication, that the towing company represents or is approved by any organization that provides emergency road service for disabled motor vehicles.

(2) Require the owner or operator of a disabled motor vehicle to preauthorize:

(A) repair work; or

(B) more than twenty-four (24) hours of storage;

as a condition for providing towing service for the disabled motor vehicle.

(3) Charge more than one (1) towing fee when the owner or operator of a disabled motor vehicle requests that the disabled motor vehicle be towed to a repair facility owned or operated by the towing company.

(4) Tow a motor vehicle to a repair facility unless:

(A) either:

(i) the owner of the motor vehicle; or

(ii) the owner's designated representative;

gives consent for the motor vehicle to be towed to the repair facility; and

(B) the consent described in clause (A) is given before the motor vehicle is removed from the location from which it is to be towed.

The prohibition set forth in this subdivision does not apply in any case in which a towing company tows a motor vehicle to a storage facility that includes a repair facility on the same site.

(5) Offer or provide compensation to a person for a towing referral unless the person and towing company have a prior contract.

As added by P.L.281-2019, SEC.5. Amended by P.L.227-2025, SEC.51.

IC 24-14-9-2 Prohibited actions for towing companies and storage facilities

Sec. 2. A towing company or a storage facility shall not do any of the following:

(1) Upon payment of all costs relating to a tow, motor vehicle storage, and all allowable fees, as applicable, refuse to release the motor vehicle during regular office hours to a properly identified person who owns or holds a lien on the motor vehicle in accordance with the procedures and subject to the same requirements set forth in IC 9-22-1-8 with respect to abandoned motor vehicles. However, a towing company or storage facility shall not release a motor vehicle in any case in which a local law enforcement agency has ordered the motor vehicle not to be released, or in any case in which the motor vehicle cannot be released because of pending litigation.

(2) Refuse to permit:

(A) a properly identified person who owns or holds a lien on a motor vehicle; or

(B) a representative of the insurance company that insures the motor vehicle, if the vehicle is covered by an active policy of insurance;

to inspect the motor vehicle during regular office hours before all costs incurred against the motor vehicle are paid or the motor vehicle is released. A retrieval fee may be charged if it complies with the requirements of IC 9-22-1-8.

(3) Charge any storage fee for a stored motor vehicle with respect to any day on which:

(A) release of the motor vehicle; or

(B) inspection of the motor vehicle by the owner, lienholder, or insurance company;

is not permitted during regular office hours by the towing company or storage facility.

(4) Offer to provide compensation to a person for a referral unless the person and the towing company or storage facility have an executed contract in place.

(5) Charge more than the fees that are included in a towing agreement or contract with the law enforcement agency that ordered the tow or the contract with the private property owner that ordered the tow under IC 9-22-1.

As added by P.L.281-2019, SEC.5. Amended by P.L.227-2025, SEC.52.

Ch. 10 Violations

IC 24-14-10-1 Deceptive acts

Sec. 1. A person who violates this article commits a deceptive act that is:

(1) actionable under IC 24-5-0.5; and

(2) subject to the remedies and penalties set forth in IC 24-5-0.5.

As added by P.L.281-2019, SEC.5.

IC 24-14-10-2 Jurisdiction of attorney general

Sec. 2. (a) The attorney general:

(1) shall receive; and

(2) may investigate;

complaints alleging violations of this article.

(b) After finding, either upon a complaint made or upon the attorney general's own investigation, that a violation of this article has occurred, the attorney general may take appropriate action under IC 24-5-0.5-4(c).

As added by P.L.281-2019, SEC.5.

IC 24-14-10-3 Rulemaking authority

Sec. 3. The attorney general may adopt rules under IC 4-22-2 to implement this article.

As added by P.L.281-2019, SEC.5. Amended by P.L.93-2024, SEC.176.

Art. 15 Consumer Data Protection

Ch. 1 Applicability

IC 24-15-1-1 Applicability to persons; exceptions

Sec. 1. (a) This article applies to a person that conducts business in Indiana or produces products or services that are targeted to residents of Indiana and that during a calendar year:

(1) controls or processes personal data of at least one hundred thousand (100,000) consumers who are Indiana residents; or

(2) controls or processes personal data of at least twenty-five thousand (25,000) consumers who are Indiana residents and derives more than fifty percent (50%) of gross revenue from the sale of personal data.

(b) This article does not apply to any of the following:

(1) Either of the following:

(A) The state, a state agency, or a body, authority, board, bureau, commission, district, or agency of any political subdivision of the state.

(B) A third party under contract with an entity described in clause (A), when acting on behalf of the entity. This clause does not exempt data held or created by third parties outside of the scope of the contract with the entity.

(2) Any financial institutions and affiliates, or data subject to Title V of the federal Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.).

(3) Any covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services (45 CFR Parts 160 and 164) pursuant to HIPAA.

(4) Any nonprofit organization.

(5) Any institution of higher education.

(6) Any public utility (as defined in IC 8-1-2-1(a)) or service company affiliated with a public utility (as defined in IC 8-1-2-1(a)). For purposes of this subdivision, "service company" means an associate company within a holding company system organized specifically for the purpose of providing goods or services to a public utility (as defined in IC 8-1-2-1(a)) in the same holding company system.

(7) Any organization exempt from taxation under Section 501(c)(4) of the Internal Revenue Code that is:

(A) established to detect or prevent insurance related crime or fraud; and

(B) subject to a memorandum of understanding with a statewide law enforcement agency.

As added by P.L.94-2023, SEC.1. Amended by P.L.236-2025, SEC.5.

IC 24-15-1-2 Exempt information and data

Sec. 2. The following information and data are exempt from this article:

(1) Protected health information under HIPAA and related regulations under 45 CFR Part 160, 45 CFR Part 162, and 45 CFR Part 164.

(2) Patient identifying information for purposes of 42 U.S.C. 290dd-2.

(3) Any of the following:

(A) Identifiable private information for purposes of the federal policy for the protection of human subjects under 45 CFR Part 46.

(B) Identifiable private information that is otherwise information collected as part of human subjects research under the good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use.

(C) The protection of human subjects under 21 CFR Parts 50 and 56.

(D) Personal data used or shared in research conducted in accordance with the requirements set forth in this article.

(E) Other research conducted in accordance with applicable law.

(4) Information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.).

(5) Patient safety work product for purposes of the federal Patient Safety and Quality Improvement Act (42 U.S.C. 299b-21 et seq.).

(6) Information derived from any of the health care related information set forth in this section that is de-identified in accordance with the requirements for de-identification under HIPAA.

(7) Information:

(A) originating from;

(B) intermingled with so as to be indistinguishable from; or

(C) treated in the same manner as;

information that is exempt under this section and that is maintained by a covered entity or business associate, as defined in HIPAA, or a program or qualified service organization under 42 U.S.C. 290dd-2.

(8) Information used only for public health activities and purposes, as authorized by HIPAA.

(9) The collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by:

(A) a consumer reporting agency, furnisher, or user that provides information for use in a consumer report; or

(B) a user of a consumer report;

but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

(10) Personal data collected, processed, sold, or disclosed in compliance with the federal Driver's Privacy Protection Act of 1994 (18 U.S.C. 2721 et seq.).

(11) Personal data regulated by the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g et seq.).

(12) Personal data collected, processed, sold, or disclosed in compliance with the federal Farm Credit Act (12 U.S.C. 2001 et seq.).

(13) Data processed or maintained:

(A) in the course of an individual applying to, employed by, or acting as an agent or independent contractor of a controller, processor, or third party, to the extent that the data is collected and used within the context of that role;

(B) as emergency contact information for an individual under this article and used for emergency contact purposes; or

(C) that is necessary to retain to administer benefits for another individual relating to the individual under clause (A) and used for the purposes of administering those benefits.

As added by P.L.94-2023, SEC.1.

IC 24-15-1-3 Compliance with Children's Online Privacy Protection Act; satisfaction of obligation to obtain parental consent

Sec. 3. A:

(1) controller; or

(2) processor;

that complies with the Children's Online Privacy Protection Act (15 U.S.C. 6501 et seq.), and with any rules or regulations under that act, satisfies any obligation to obtain parental consent under this article.

As added by P.L.94-2023, SEC.1.

Ch. 2 Definitions

IC 24-15-2-0.5 Applicability of definitions

Sec. 0.5. The definitions in this chapter apply throughout this article.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-1 "Affiliate"

Sec. 1. (a) "Affiliate" means a legal entity that:

(1) controls, is controlled by, or is under common control with another legal entity; or

(2) shares common branding with another legal entity.

(b) For purposes of this section, "control", with respect to a company, means:

(1) ownership of, or the power to vote, more than fifty percent (50%) of the outstanding shares of any class of voting security of the company;

(2) control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or

(3) the power to exercise controlling influence over the management of the company.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-2 "Aggregate data"

Sec. 2. "Aggregate data" means information:

(1) that relates to a group or category of consumers;

(2) from which individual consumer identities have been removed; and

(3) that is not linked or reasonably linkable to any consumer.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-3 "Authenticate"

Sec. 3. "Authenticate" means to verify through reasonable means that a consumer who is entitled to exercise the personal data rights provided by IC 24-15-3 is the same consumer exercising such rights with respect to particular personal data.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-4 "Biometric data"

Sec. 4. (a) "Biometric data" means data that:

(1) is generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, a voiceprint, images of the retina or iris, or other unique biological patterns or characteristics; and

(2) is used to identify a specific individual.

(b) The term does not include:

(1) a physical or digital photograph, or data generated from a physical or digital photograph;

(2) a video or audio recording, or data generated from a video or audio recording; or

(3) information collected, used, or stored for health care treatment, payment, or operations under HIPAA.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-5 "Business associate"

Sec. 5. "Business associate" has the meaning set forth in 45 CFR 160.103.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-6 "Child"

Sec. 6. "Child" means any individual who is less than thirteen (13) years of age.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-7 "Consent"

Sec. 7. (a) "Consent" means a clear affirmative act that signifies a consumer's freely given, specific, informed, and unambiguous agreement to process personal data relating to the consumer.

(b) For purposes of this section, a "clear affirmative act" includes a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-8 "Consumer"

Sec. 8. (a) "Consumer" means an individual who:

(1) is a resident of Indiana; and

(2) is acting only for a personal, family, or household purpose.

(b) The term does not include an individual acting in a commercial or employment context.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-9 "Controller"

Sec. 9. "Controller" means a person that, alone or jointly with others, determines the purpose and means of processing personal data.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-10 "Covered entity"

Sec. 10. "Covered entity" has the meaning set forth in 45 CFR 160.103.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-11 "Decision that produces legal or similarly significant effects concerning a consumer"

Sec. 11. "Decision that produces legal or similarly significant effects concerning a consumer" means a decision made by a controller that results in the provision or denial by the controller of:

(1) financial and lending services;

(2) housing;

(3) insurance;

(4) education enrollment;

(5) criminal justice;

(6) employment opportunities;

(7) health care services; or

(8) access to basic necessities, such as food and water.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-12 "De-identified data"

Sec. 12. "De-identified data" means data that cannot reasonably be linked to an identified or identifiable individual because a controller that possesses the data:

(1) takes reasonable measures to ensure that the data cannot be associated with an individual;

(2) publicly commits to maintaining and using the data without attempting to re-identify the data; and

(3) obligates any recipients of the data through contractual requirements to comply with all applicable provisions of this article.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-13 "Health care provider"

Sec. 13. "Health care provider" has the meaning set forth in IC 4-6-14-2.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-14 "Health record"

Sec. 14. "Health record" has the meaning set forth in IC 1-1-4-5(a)(6).

As added by P.L.94-2023, SEC.1.

IC 24-15-2-15 "HIPAA"

Sec. 15. "HIPAA" refers to the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d et seq.).

As added by P.L.94-2023, SEC.1.

IC 24-15-2-16 "Identified or identifiable individual"

Sec. 16. "Identified or identifiable individual" means an individual who can be readily identified, directly or indirectly.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-17 "Institution of higher education"

Sec. 17. "Institution of higher education" means a public or private college or university.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-18 "Nonprofit organization"

Sec. 18. "Nonprofit organization" means any organization exempt from taxation under Section 501(c)(3), 501(c)(6), or 501(c)(12) of the Internal Revenue Code.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-19 "Personal data"

Sec. 19. (a) "Personal data" means information that is linked or reasonably linkable to an identified or identifiable individual.

(b) The term does not include:

(1) de-identified data;

(2) aggregate data; or

(3) publicly available information.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-20 "Precise geolocation data"

Sec. 20. (a) "Precise geolocation data" means information derived from technology, including global positioning system level latitude and longitude coordinates, that directly identifies the specific location of a natural person with precision and accuracy within a radius of one thousand seven hundred fifty (1,750) feet.

(b) The term does not include:

(1) the content of communications; or

(2) any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-21 "Processing"

Sec. 21. "Processing", with respect to personal data, means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-22 "Processor"

Sec. 22. "Processor" means a person that processes personal data on behalf of a controller.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-23 "Profiling"

Sec. 23. "Profiling" means any form of solely automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health or health records, personal preferences, interests, reliability, behavior, location, or movements.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-24 "Protected health information"

Sec. 24. "Protected health information" has the meaning set forth in 45 CFR 160.103.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-25 "Pseudonymous data"

Sec. 25. "Pseudonymous data" means personal data that cannot be attributed to a specific individual because additional information that would allow the data to be attributed to a specific individual is:

(1) kept separately; and

(2) subject to appropriate technical and organizational measures;

to ensure that the personal data is not attributed to an identified or identifiable individual.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-26 "Publicly available information"

Sec. 26. "Publicly available information" means information:

(1) that is lawfully made available through federal, state, or local government records; or

(2) that a business has a reasonable basis to believe is lawfully made available:

(A) to the general public through widely distributed media;

(B) by the consumer to whom the information pertains; or

(C) by a person to whom the consumer has disclosed the information;

unless the consumer has restricted the information to a specific audience.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-27 "Sale of personal data"

Sec. 27. (a) "Sale of personal data" means the exchange of personal data for monetary consideration by a controller to a third party.

(b) The term does not include:

(1) the disclosure of personal data to a processor that processes the personal data on behalf of the controller;

(2) the disclosure of personal data to a third party for purposes of providing a product or service requested by:

(A) the consumer; or

(B) the parent of a child;

to whom the personal data pertains;

(3) the disclosure or transfer of personal data to an affiliate of the controller;

(4) the disclosure of information that the consumer:

(A) intentionally made available to the general public via a channel of mass media; and

(B) did not restrict to a specific audience; or

(5) the disclosure or transfer of personal data to a third party as an asset that is part of a proposed or actual merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller's assets.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-28 "Sensitive data"

Sec. 28. "Sensitive data" means a category of personal data that includes any of the following:

(1) Personal data revealing racial or ethnic origin, religious beliefs, a mental or physical health diagnosis made by a health care provider, sexual orientation, or citizenship or immigration status.

(2) Genetic or biometric data that is processed for the purpose of uniquely identifying a specific individual.

(3) Personal data collected from a known child.

(4) Precise geolocation data.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-29 "State agency"

Sec. 29. "State agency" has the meaning set forth in IC 1-1-15-3.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-30 "Targeted advertising"

Sec. 30. (a) "Targeted advertising" means the displaying of an advertisement to a consumer in which the advertisement is selected based on personal data obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests.

(b) The term does not include:

(1) advertisements based on activities within a controller's own or affiliated websites or online applications;

(2) advertisements based on the context of a consumer's current search query, visit to a website, or online application;

(3) advertisements directed to a consumer in response to the consumer's request for information or feedback; or

(4) the processing of personal data solely for measuring or reporting advertising performance, reach, or frequency.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-31 "Third party"

Sec. 31. "Third party", with respect to a context to which this article applies, means a natural or legal person, public authority, agency, or body other than:

(1) the consumer;

(2) the controller;

(3) the processor; or

(4) an affiliate of the processor or the controller.

As added by P.L.94-2023, SEC.1.

IC 24-15-2-32 "Trade secret"

Sec. 32. "Trade secret" has the meaning set forth in IC 24-2-3-2.

As added by P.L.94-2023, SEC.1.

Ch. 3 Personal Data; Consumer Rights

IC 24-15-3-1 Personal data; consumer rights; consumer's request to controller; compliance by controller; consumer's right to appeal

Sec. 1. (a) A consumer may invoke one (1) or more rights set forth in subsection (b) by submitting to a controller a request specifying the rights the consumer wishes to invoke. A known child's parent or legal guardian may invoke on behalf of the child one (1) or more rights set forth in subsection (b) with respect to the processing of personal data belonging to the known child by submitting to a controller a request specifying the rights the consumer wishes to invoke on behalf of the child. Except as provided in IC 24-15-7-1(c) and IC 24-15-7-2, and subject to any limitations or conditions set forth in subsections (b) and (c), a controller shall comply with an authenticated consumer request to exercise a right set forth in subsection (b).

(b) A consumer has the following rights:

(1) To confirm whether or not a controller is processing the consumer's personal data and, subject to the limitations set forth in subdivision (4), to access such personal data.

(2) To correct inaccuracies in the consumer's personal data that the consumer previously provided to a controller, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data. Upon receiving a request from a consumer under this subdivision, a controller shall correct inaccurate information as requested by the consumer, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data.

(3) To delete personal data provided by or obtained about the consumer.

(4) To obtain either:

(A) a copy of; or

(B) a representative summary of;

the consumer's personal data that the consumer previously provided to the controller. Information provided to a consumer under this subdivision must be in a portable and, to the extent technically practicable, readily usable format that allows the consumer to transmit the data or summary to another controller without hindrance, in any case in which the processing is carried out by automated means. The controller has the discretion to send either a copy or a representative summary of the consumer's personal data under this subdivision, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data. A controller is not required to provide a copy or a representative summary of a consumer's personal data to the same consumer under this subdivision more than one (1) time in a twelve (12) month period.

(5) To opt out of the processing of the consumer's personal data for purposes of:

(A) targeted advertising;

(B) the sale of personal data; or

(C) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

(c) Except as otherwise provided in this article, a controller shall comply with a request by a consumer to exercise a consumer right set forth in subsection (b) as follows:

(1) A controller shall respond to the consumer without undue delay, but in any case not later than forty-five (45) days after receipt of the consumer's request under this section. The response period prescribed by this subdivision may be extended once by an additional forty-five (45) days when reasonably necessary, taking into account the complexity and number of the consumer's requests, as long as the controller informs the consumer of any such extension within the initial forty-five (45) day response period, along with the reason for the extension.

(2) If a controller declines to take action regarding the consumer's request, the controller shall inform the consumer without undue delay, but in any case not later than forty-five (45) days after receipt of the consumer's request under this section, of the justification for declining to take action, and shall provide instructions for how to appeal the decision under subsection (d).

(3) Information provided in response to a consumer request shall be provided by a controller free of charge, up to one (1) time annually per consumer. If requests from a consumer are manifestly unfounded, excessive, or repetitive, the controller may charge the consumer a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request. The controller bears the burden of demonstrating the manifestly unfounded, excessive, or repetitive nature of the request.

(4) If a controller is unable to authenticate the request using commercially reasonable efforts, the controller shall not be required to comply with a request to initiate an action under this section and may request that the consumer provide additional information reasonably necessary to authenticate the consumer and the consumer's request.

(5) A controller that has obtained personal data about a consumer from a source other than the consumer is considered to comply with a request by the consumer under subsection (b)(3) to delete the consumer's personal data if the controller:

(A) retains:

(i) a record of the consumer's request for deletion; and

(ii) the minimum data necessary to ensure that the consumer's personal data remains deleted from the controller's records; and

(B) does not use the data retained under clause (A)(ii) for any other purpose.

(d) A controller shall establish a process for a consumer to appeal, within a reasonable period of time after the consumer's receipt of a decision by the controller under subsection (c)(2), the controller's refusal to take action on a request by the consumer under this section. The appeal process shall be conspicuously available and similar to the process for submitting requests to invoke a right under this section. Not later than sixty (60) days after receipt of an appeal, a controller shall inform the consumer in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, the controller shall also provide the consumer with an online mechanism, if available, or other method through which the consumer may contact the attorney general to submit a complaint.

As added by P.L.94-2023, SEC.1.

Ch. 4 Data Controller Responsibilities; Transparency

IC 24-15-4-1 Responsibilities of controller; discrimination against consumer for exercising consumer rights prohibited; processing of sensitive data

Sec. 1. Except as provided in IC 24-15-7-2, a controller has the following responsibilities:

(1) A controller shall limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which such data is processed, as disclosed to the consumer.

(2) Except as otherwise provided in this article, a controller shall not process personal data for purposes that are neither reasonably necessary for nor compatible with the disclosed purposes for which the personal data is processed, unless the controller obtains the consumer's consent.

(3) A controller shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data. The data security practices required under this subdivision must be appropriate to the volume and nature of the personal data at issue.

(4) A controller shall not process personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers. A controller shall not discriminate against a consumer for exercising any of the consumer rights set forth in this article, including by denying goods or services to the consumer, charging different prices or rates for goods and services, or providing a different level or quality of goods or services to the consumer. However, nothing in this subdivision shall be construed to:

(A) require a controller to provide a product or service that requires the personal data of a consumer that the controller does not collect or maintain; or

(B) prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised the consumer's right to opt out under IC 24-15-3-1(b)(5) or if the offer is related to a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discount, or club card program.

(5) A controller shall not process sensitive data concerning a consumer without obtaining the consumer's consent, or, in the case of the processing of sensitive data concerning a known child, without processing such data in accordance with the federal Children's Online Privacy Protection Act (15 U.S.C. 6501 et seq.).

As added by P.L.94-2023, SEC.1.

IC 24-15-4-2 Contract provisions purporting to waive or limit consumer rights

Sec. 2. Any provision of a contract or agreement of any kind that purports to waive or limit in any way a consumer's rights under IC 24-15-3 is contrary to public policy and is void and unenforceable.

As added by P.L.94-2023, SEC.1.

IC 24-15-4-3 Privacy notice to consumers; required elements

Sec. 3. A controller shall provide consumers with a reasonably accessible, clear, and meaningful privacy notice that includes:

(1) the categories of personal data processed by the controller;

(2) the purpose for processing personal data;

(3) how consumers may exercise their consumer rights under IC 24-15-3, including how a consumer may appeal a controller's decision with regard to the consumer's request;

(4) the categories of personal data that the controller shares with third parties, if any; and

(5) the categories of third parties, if any, with whom the controller shares personal data.

As added by P.L.94-2023, SEC.1.

IC 24-15-4-4 Sale of personal data to third parties; use of personal data for targeted advertising; disclosure; consumer's right to opt out

Sec. 4. If a controller sells a consumer's personal data to third parties or uses a consumer's personal data for targeted advertising, the controller shall clearly and conspicuously disclose such activity, as well as the manner in which a consumer may exercise the right to opt out of such sales or use.

As added by P.L.94-2023, SEC.1.

IC 24-15-4-5 Exercise of rights by consumers; controller's duty to provide secure and reliable means for submitting requests

Sec. 5. A controller shall establish, and shall describe in a privacy notice provided under section 3 of this chapter, one (1) or more secure and reliable means for consumers to submit a request to exercise their rights under IC 24-15-3. Such means must take into account:

(1) the ways in which consumers normally interact with the controller;

(2) the need for the secure and reliable communication of such requests; and

(3) the ability of the controller to authenticate the identity of the consumer making the request.

A controller may not require a consumer to create a new account in order to exercise the consumer's rights under IC 24-15-3 but may require a consumer to use an existing account.

As added by P.L.94-2023, SEC.1.

IC 24-15-4-6 Compliance by controllers; authority of attorney general to provide online resources for controllers

Sec. 6. The attorney general may maintain on the attorney general's website a list of resources for controllers, including sample privacy notices and disclosures, to assist controllers in complying with this chapter.

As added by P.L.94-2023, SEC.1.

Ch. 5 Responsibility According to Role; Controllers and Processors

IC 24-15-5-1 Duty of processor to assist controller in meeting obligations regarding personal data

Sec. 1. A processor shall adhere to the instructions of a controller and shall assist the controller in meeting its obligations under this chapter. Such assistance shall include the following:

(1) Assisting the controller in meeting the controller's obligation to respond to consumer requests under IC 24-15-3 by appropriate technical and organizational measures, insofar as this is reasonably practicable, and taking into account the nature of processing and the information available to the processor.

(2) Taking into account the nature of processing and the information available to the processor, assisting the controller in meeting the controller's obligations in relation to:

(A) the security of processing the personal data; and

(B) the notification of a breach of security of the system of the processor under IC 24-4.9;

in order to meet the controller's obligations.

(3) Providing necessary information to enable the controller to conduct and document data protection impact assessments under IC 24-15-6.

As added by P.L.94-2023, SEC.1.

IC 24-15-5-2 Contract between controller and processor; requirements for processor; liabilities

Sec. 2. (a) A contract between a controller and a processor shall govern the processor's data processing procedures with respect to processing performed on behalf of the controller. The contract must be binding and clearly set forth instructions for processing personal data, the nature and purpose of processing, the type of data subject to processing, the duration of processing, and the rights and obligations of both parties. The contract must also include requirements that the processor do the following:

(1) Ensure that each individual processing personal data is subject to a duty of confidentiality with respect to the data.

(2) At the controller's direction, delete or return all personal data to the controller as requested at the end of the provision of services, unless retention of the personal data is required by law.

(3) Upon the reasonable request of the controller, make available to the controller all information in its possession necessary to demonstrate the processor's compliance with the obligations in this chapter.

(4) Allow, and cooperate with, reasonable assessments by the controller or the controller's designated assessor. Alternatively, the processor may arrange for a qualified and independent assessor to conduct an assessment of the processor's policies and technical and organizational measures in support of the processor's obligations under this chapter using an appropriate and accepted control standard or framework and assessment procedure for such assessments. The processor shall provide a report of any such assessment to the controller upon request.

(5) Subject to subsection (b), engage any subcontractor pursuant to a written contract that requires the subcontractor to meet the obligations of the processor with respect to the personal data.

(b) Nothing in this section shall be construed to relieve a controller or a processor from the liabilities imposed on the controller or processor by virtue of its role in the processing relationship.

As added by P.L.94-2023, SEC.1.

IC 24-15-5-3 Determination of role as controller or processor; context dependent

Sec. 3. Determining whether a person is acting as a controller or a processor with respect to a specific processing of data is a fact based determination that depends upon the context in which personal data is processed. A processor that continues to adhere to a controller's instructions with respect to a specific processing of personal data remains a processor.

As added by P.L.94-2023, SEC.1.

Ch. 6 Data Protection Impact Assessments

IC 24-15-6-1 Applicability of data protection impact assessment requirements; controller's duty to conduct assessment; activities subject to assessment; weighing of benefits and risks; assessments conducted for compliance with other laws

Sec. 1. (a) The data protection impact assessment requirements set forth in this chapter apply to processing activities created or generated after December 31, 2025, and are not retroactive to any processing activities created or generated before January 1, 2026.

(b) A controller shall conduct and document a data protection impact assessment of each of the following processing activities involving personal data:

(1) The processing of personal data for purposes of targeted advertising.

(2) The sale of personal data.

(3) The processing of personal data for purposes of profiling, if such profiling presents a reasonably foreseeable risk of:

(A) unfair or deceptive treatment of, or unlawful disparate impact on, consumers;

(B) financial, physical, or reputational injury to consumers;

(C) a physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers, if such intrusion would be offensive to a reasonable person; or

(D) other substantial injury to consumers.

(4) The processing of sensitive data.

(5) Any processing activities involving personal data that present a heightened risk of harm to consumers.

(c) Data protection impact assessments conducted under this chapter shall identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders, and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks. The use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed, shall be factored into this assessment by the controller.

(d) A single data protection impact assessment may address a comparable set of processing operations that include similar activities.

(e) A data protection impact assessment conducted by a controller for the purpose of compliance with other laws or regulations may be used to comply with this section if the assessment has a reasonably comparable scope and effect to an assessment conducted under this section.

As added by P.L.94-2023, SEC.1.

IC 24-15-6-2 Attorney general's request for data protection impact assessment; controller's duty to provide; confidentiality

Sec. 2. (a) The attorney general may request, pursuant to a civil investigative demand, that a controller disclose any data protection impact assessment that is relevant to an investigation conducted by the attorney general. Upon receipt of such a request, the controller shall make the data protection impact assessment available to the attorney general. Subject to subsection (b), the attorney general may evaluate the data protection impact assessment for a controller's compliance with the responsibilities set forth in IC 24-15-4.

(b) Data protection impact assessments are confidential and exempt from public inspection and copying under IC 5-14-3-4. The disclosure of a data protection impact assessment pursuant to a request from the attorney general does not constitute a waiver of attorney-client privilege or work product protection with respect to the assessment and any information contained in the assessment.

As added by P.L.94-2023, SEC.1.

Ch. 7 Processing De-identified Data or Pseudonymous Data; Exemptions

IC 24-15-7-1 Duties of controller possessing de-identified data

Sec. 1. (a) A controller in possession of de-identified data shall:

(1) take reasonable measures to ensure that the data cannot be associated with an individual;

(2) publicly commit to maintaining and using de-identified data without attempting to re-identify the data; and

(3) contractually obligate any recipients of the de-identified data to comply with all provisions of this chapter.

(b) This chapter shall not be construed to require a controller or processor to:

(1) re-identify de-identified data or pseudonymous data;

(2) maintain data in identifiable form; or

(3) collect, obtain, retain, or access any data or technology;

in order to be capable of associating an authenticated consumer request with personal data.

(c) This chapter shall not be construed to require a controller or processor to comply with a request of a consumer under IC 24-15-3 if all of the following conditions are met:

(1) The controller is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data.

(2) The controller does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data, or associate the personal data with other personal data about the same specific consumer.

(3) The controller does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor.

As added by P.L.94-2023, SEC.1.

IC 24-15-7-2 Pseudonymous data; technical and organizational controls

Sec. 2. The:

(1) rights of a consumer set forth in IC 24-15-3-1(b)(1) through IC 24-15-3-1(b)(4); and

(2) responsibilities of a controller under IC 24-15-4-1(1) through IC 24-15-4-1(5);

do not apply to pseudonymous data in any case in which the controller is able to demonstrate that any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing such information.

As added by P.L.94-2023, SEC.1.

IC 24-15-7-3 Controller's disclosure of de-identified or pseudonymous data; compliance with contractual commitments

Sec. 3. A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address any breaches of those contractual commitments.

As added by P.L.94-2023, SEC.1.

Ch. 8 Limitations

IC 24-15-8-1 Permissible activities by controllers and processors

Sec. 1. (a) This article shall not be construed to restrict a controller's or processor's ability to do any of the following:

(1) Comply with federal, state, or local laws, rules, or regulations or, in the case of an owner of a riverboat licensed under IC 4-33-6, implement and operate a facial recognition program approved by the Indiana gaming commission.

(2) Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, local, or other governmental authority.

(3) Cooperate with law enforcement agencies concerning conduct or activity that the controller or processor reasonably and in good faith believes may violate federal, state, or local laws, rules, or regulations.

(4) Investigate, establish, exercise, prepare for, or defend legal claims.

(5) Provide a product or service specifically requested by a consumer, perform a contract to which the consumer, or a parent of a child, is a party, including fulfilling the terms of a written warranty, or take steps at the request of the consumer or parent before entering into a contract.

(6) Take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or of another individual, if the processing cannot be manifestly based on another legal basis.

(7) Prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity, investigate, report, or prosecute those responsible for any such action, and preserve the integrity or security of systems.

(8) Engage in public or peer reviewed scientific or statistical research that is in the public interest and that adheres to all applicable ethics and privacy laws and is approved, monitored, and governed by an institutional review board, or a similar independent oversight entity, that determines if:

(A) the information is likely to provide substantial benefits that do not exclusively accrue to the controller;

(B) the expected benefits of the research outweigh the privacy risks; and

(C) the controller has implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with re-identification.

(9) Assist another controller, processor, or third party with any obligation described in this section.

(b) Processing personal data for a purpose expressly identified in subsection (a)(1) through (a)(9) does not by itself make a person a controller with respect to such processing.

As added by P.L.94-2023, SEC.1.

IC 24-15-8-2 Collecting, using, or retaining data; permissible purposes

Sec. 2. The obligations imposed on a controller or a processor under this article do not prohibit or restrict a controller or processor from collecting, using, or retaining data to do the following:

(1) Conduct internal research to develop, improve, or repair products, services, or technology.

(2) Effectuate a product recall.

(3) Identify and repair technical errors that impair existing or intended functionality.

(4) Perform internal operations that are:

(A) reasonably compatible with the expectations of the consumer;

(B) reasonably anticipated based on the consumer's existing relationship with the controller; or

(C) otherwise compatible with:

(i) processing data in furtherance of the provision of a product or service specifically requested by a consumer, or the parent of a child; or

(ii) the performance of a contract to which the consumer is a party.

As added by P.L.94-2023, SEC.1.

IC 24-15-8-3 Evidentiary privilege; exemption from obligations concerning personal data

Sec. 3. The obligations imposed on a controller or a processor under this article do not apply if compliance by the controller or processor with this article would violate an evidentiary privilege under Indiana law. This article shall not be construed to prohibit a controller or processor from providing, as part of a privileged communication, personal data concerning a consumer to a person covered by an evidentiary privilege under Indiana law.

As added by P.L.94-2023, SEC.1.

IC 24-15-8-4 Disclosure of personal data to third party controller or processor

Sec. 4. A controller or processor that discloses personal data to a third party controller or processor in compliance with this article is not in violation of this article if the third party controller or processor that receives and processes the personal data violates this article, as long as, at the time of disclosing the personal data, the disclosing controller or processor did not have actual knowledge that the recipient intended to commit a violation. A third party controller or processor receiving personal data from a controller or processor is likewise not in violation of this article solely because of the transgressions of the controller or processor from which it receives such personal data.

As added by P.L.94-2023, SEC.1.

IC 24-15-8-5 Personal rights or freedoms; free speech; personal data in context of purely personal or household activity

Sec. 5. This article:

(1) shall not be construed as an obligation imposed on controllers and processors that adversely affects the rights or freedoms of any persons, such as exercising the right of free speech under the First Amendment to the Constitution of the United States; and

(2) does not apply to personal data in the context of a purely personal or household activity.

As added by P.L.94-2023, SEC.1.

IC 24-15-8-6 Controller not required to disclose trade secrets

Sec. 6. Nothing in this article shall be construed as requiring a controller to disclose trade secrets.

As added by P.L.94-2023, SEC.1.

IC 24-15-8-7 Processing of personal data for authorized purposes; collection, use, or retention of personal data; burden of proof for exemption

Sec. 7. (a) Personal data processed by a controller for a purpose authorized under this chapter may not be processed for any other purpose unless otherwise allowed under this article. Personal data processed by a controller under this chapter may be processed to the extent that such processing is:

(1) reasonably necessary and proportionate to a purpose authorized under this chapter; and

(2) adequate, relevant, and limited to what is necessary in relation to the specific purpose.

(b) Personal data collected, used, or retained under section 2 of this chapter:

(1) shall, as applicable, take into account the nature and purpose of the collection, use, or retention; and

(2) must be subject to reasonable administrative, technical, and physical measures to:

(A) protect the confidentiality, integrity, and accessibility of the personal data; and

(B) reduce reasonably foreseeable risks of harm to consumers relating to such collection, use, or retention of the personal data.

(c) If a controller processes personal data pursuant to an exemption under this chapter, the controller bears the burden of demonstrating that such processing:

(1) qualifies for the exemption; and

(2) complies with the requirements set forth in this section.

As added by P.L.94-2023, SEC.1.

Ch. 9 Investigative Authority

IC 24-15-9-1 Violations; civil investigative demand by attorney general

Sec. 1. Whenever the attorney general has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this article, the attorney general is empowered to issue a civil investigative demand to investigate the suspected violation.

As added by P.L.94-2023, SEC.1.

Ch. 10 Enforcement

IC 24-15-10-1 Attorney general's exclusive enforcement authority

Sec. 1. The attorney general has exclusive authority to enforce the provisions of this article.

As added by P.L.94-2023, SEC.1.

IC 24-15-10-2 Action by attorney general for violation; injunction; civil penalty; recovery of expenses

Sec. 2. (a) The attorney general may initiate an action in the name of the state and may seek an injunction to restrain any violations of this article and a civil penalty not to exceed seven thousand five hundred dollars ($7,500) for each violation under this article.

(b) The attorney general may recover reasonable expenses incurred in investigating and preparing the case, including attorney's fees, in any action initiated under this chapter.

As added by P.L.94-2023, SEC.1.

IC 24-15-10-3 Notice of alleged violation; controller's or processor's right to cure

Sec. 3. (a) Before initiating an action under section 2 of this chapter, the attorney general shall provide a controller or processor thirty (30) days written notice identifying the specific provisions of this article that the attorney general alleges have been or are being violated. If within the thirty (30) day period set forth in this section, the controller or processor:

(1) cures the alleged violation; and

(2) provides the attorney general an express written statement that:

(A) the alleged violation has been cured; and

(B) actions have been taken to ensure no further such violations will occur;

the attorney general shall not initiate an action against the controller or processor.

(b) If a controller or processor:

(1) continues the alleged violation following the thirty (30) day period set forth in subsection (a); or

(2) breaches an express written statement provided to the attorney general under subsection (a)(2);

the attorney general may initiate an action under section 2 of this chapter.

As added by P.L.94-2023, SEC.1.

IC 24-15-10-4 No private right of action for violation

Sec. 4. Nothing in this article shall be construed as providing the basis for a private right of action for violations of this article or any other law.

As added by P.L.94-2023, SEC.1.

Ch. 11 Preemption; Other Laws

IC 24-15-11-1 Preemption of local laws

Sec. 1. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the processing of personal data by controllers or processors.

As added by P.L.94-2023, SEC.1.

IC 24-15-11-2 References to federal, state, or local laws

Sec. 2. Any reference to federal, state, or local law or statute in this article includes any accompanying rules, regulations, or exemptions.

As added by P.L.94-2023, SEC.1.

Art. 16 Social Media Providers

Ch. 1 Applicability

IC 24-16-1-1 Application

Effective 1-1-2027.

Sec. 1. This article does not apply to an adolescent who is legally emancipated.

As added by P.L.100-2026, SEC.14.

Ch. 2 Definitions

IC 24-16-2-1 Application of definitions

Effective 1-1-2027.

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.100-2026, SEC.14.

IC 24-16-2-2 "Adolescent"

Effective 1-1-2027.

Sec. 2. "Adolescent" means an individual who is less than sixteen (16) years of age.

As added by P.L.100-2026, SEC.14.

IC 24-16-2-3 "Daily active users"

Effective 1-1-2027.

Sec. 3. "Daily active users" means the unique users in the United States who:

(1) used a particular online forum, website, or application at least eighty percent (80%) of the days during the previous twelve (12) months; or

(2) if the online forum, website, or application did not exist during all of the previous twelve (12) months, used the particular online forum, website, or application at least eighty percent (80%) of the days during the previous month.

As added by P.L.100-2026, SEC.14.

IC 24-16-2-4 "Linked account"

Effective 1-1-2027.

Sec. 4. "Linked account", with respect to a user's account with a social media provider, means another account with the social media provider that the user has designated, through a means provided by the social media provider, as an account:

(1) from which the user wishes to receive content;

(2) from which the user wishes the social media provider to include in recommendations for content provided to the user by the social media provider; or

(3) with which the user wishes to associate the user's account.

As added by P.L.100-2026, SEC.14.

IC 24-16-2-5 "Social media provider"

Effective 1-1-2027.

Sec. 5. (a) "Social media provider" means an online forum, website, or application that satisfies the following criteria:

(1) Functions primarily to enable registered users to upload content, or access content uploaded or shared by other registered users, through the online forum, website, or application.

(2) Has a user base in which ten percent (10%) or more of the daily active users who are less than sixteen (16) years of age spent an average of two (2) hours per day or longer on the online forum, website, or application when using the online forum, website, or application during:

(A) the previous twelve (12) months; or

(B) if the online forum, website, or application did not exist during all of the previous twelve (12) months, the previous month.

(3) Employs algorithms that analyze user data or information on users to select content for users.

(4) Has any of the following addictive features:

(A) Continuously loading content, or content that loads as the user scrolls down the page without the need to open a separate page.

(B) Seamless content, or the use of pages with no visible or apparent end or page breaks.

(C) Display of personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content.

(D) Autoplay video or video that begins to play without the user first clicking on the video or on a play button for the video.

(E) Live streaming or a function that allows a user or advertiser to broadcast live video content in real time.

(5) Is owned or operated by a person that collectively with any parent, subsidiary, or affiliate of the person, generated at least one billion dollars ($1,000,000,000) in gross revenues, worldwide, in one (1) or more of the immediately preceding three (3) years.

(b) The term does not include the following:

(1) An online service, website, or application where the exclusive function provides registered users of the service only with the ability to send and receive electronic mail or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting the material publicly or to others not identified as the recipient by the sender.

(2) A device manufacturer or application store.

(3) A communications service provider (as defined in IC 8-1-2.6-13(b)).

As added by P.L.100-2026, SEC.14.

IC 24-16-2-6 "Transactional data"

Effective 1-1-2027.

Sec. 6. "Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. The term includes records that relate to a mortgage, education, or employment.

As added by P.L.100-2026, SEC.14.

IC 24-16-2-7 "Verifiable parental consent"

Effective 1-1-2027.

Sec. 7. "Verifiable parental consent" means verifiable parental consent as defined by 15 U.S.C. 6501(9) that is obtained in conformance with 16 CFR 312.5.

As added by P.L.100-2026, SEC.14.

Ch. 3 Adolescent Use of Social Media

IC 24-16-3-1 Social media provider requirements

Effective 1-1-2027.

Sec. 1. A social media provider that receives a request from an Indiana resident for creation of an account with the social media provider shall comply with the following:

(1) The social media provider shall use commercially reasonable means, such as a neutral age screen mechanism, to determine the age and state of residence of the individual requesting creation of the account.

(2) If the social media provider determines under subdivision (1) that the individual requesting creation of the account is an adolescent, the social media provider may create the account only if the social media provider receives verifiable parental consent to creation of the account from a parent or legal guardian of the adolescent.

As added by P.L.100-2026, SEC.14.

IC 24-16-3-2 Configure account; requirements; separate password

Effective 1-1-2027.

Sec. 2. (a) A social media provider shall configure the account as described in subsection (c) of a registered user that the social media provider knows or has reason to know is an:

(1) adolescent; and

(2) Indiana resident.

(b) A social media provider may not allow an adolescent to change or bypass an account configuration described in subsection (c).

(c) A social media provider shall configure the account of a registered user described in subsection (a) such that the account does not use or provide, and such that the account holder may not activate or access, the following features or functionality of the social media platform:

(1) Functionality to receive direct communications other than direct communications from an account that the user has designated as a linked account.

(2) Functionality to appear in the results of a search conducted by a person through the social media provider's search utility unless the person holds an account that the user has designated as a linked account.

(3) Dissemination of:

(A) content;

(B) recommendations for content; or

(C) advertising;

based on patterns of the adolescent's use of the social media provider.

(4) Addictive features described under IC 24-16-2-5(a)(4).

(d) The social media provider shall provide the adolescent's parent or legal guardian who provides verifiable parental consent to the creation of the account with the option to receive a separate password for the account that allows the parent or legal guardian to:

(1) monitor the amount of time the adolescent spends using the social media platform;

(2) set daily and weekly time limits on the adolescent's use of the social media platform;

(3) set limits on the times of day during which the adolescent can access the social media platform; and

(4) access the adolescent's account at any time.

As added by P.L.100-2026, SEC.14.

Ch. 4 Continuing Age Estimation

IC 24-16-4-1 Requirements to make reasonable efforts to determine age of account holder; determination account holder considered or not considered adolescent

Effective 1-1-2027.

Sec. 1. (a) Beginning January 1, 2027, not later than fourteen (14) days after the first date on which an Indiana account holder has spent at least twenty-five (25) hours in a single six (6) month period using a social media provider's social media platform, the social media provider shall:

(1) make reasonable efforts; and

(2) use reasonable means, taking into consideration the technology and data available to the social media provider;

to determine the age of the Indiana account holder.

(b) Subject to subsection (d):

(1) if a social media provider knows or has reason to know that an Indiana account holder is sixteen (16) years of age or older, the social media provider may consider the Indiana account holder to not be an adolescent for purposes of this article; and

(2) if the social media provider knows or has reason to know that the Indiana account holder is not sixteen (16) years of age or older, the social media provider shall consider the Indiana account holder to be an adolescent for purposes of this article.

(c) Not later than fourteen (14) days after the first date on which an Indiana account holder has spent at least fifty (50) hours in a single six (6) month period using a social media provider's social media platform, the social media provider shall determine the age of the Indiana account holder as described under subsection (a) for the purpose of verifying the social media provider's determination of the Indiana account holder's age under subsection (a).

(d) Subject to subsection (f):

(1) if a social media provider knows or has reason to know that an Indiana account holder is sixteen (16) years of age or older, the social media provider may continue to consider the Indiana account holder to not be an adolescent for purposes of this article; and

(2) if the social media provider knows or has reason to know that the Indiana account holder is not sixteen (16) years of age or older, the social media provider shall consider the Indiana account holder to be an adolescent for purposes of this article.

(e) Subject to subsection (g), a social media provider shall determine the age of an Indiana account holder with the social media provider's social media platform as described under subsection (a) for the purpose of verifying the social media provider's most recent determination of the Indiana account holder's age:

(1) when the Indiana account holder has spent an additional one hundred (100) hours using the social media platform following the date on which the social media provider determines the Indiana account holder's age under subsection (c) and each time the Indiana account holder spends an additional one hundred (100) hours using the social media platform thereafter; and

(2) each time the social media provider collects demographic information of any kind regarding the Indiana account holder.

(f) Subject to subsection (g):

(1) if a social media provider knows or has reason to know that an Indiana account holder is sixteen (16) years of age or older, the social media provider may continue to consider the Indiana account holder to not be an adolescent for purposes of this article; and

(2) if the social media provider knows or has reason to know that the Indiana account holder is not sixteen (16) years of age or older, the social media provider shall consider the Indiana account holder to be an adolescent for purposes of this article.

(g) Once an Indiana account holder has held an account with a social media provider's social media platform continuously for ten (10) consecutive years, the social media provider may, for purposes of the requirements to be met by a social media provider under this article, consider the Indiana account holder to not be an adolescent without determining the age of the Indiana account holder under this section.

As added by P.L.100-2026, SEC.14.

IC 24-16-4-2 Notice account subject to termination due to noncompliance; contents; dispute determination; terminate account; verifiable parental consent

Effective 1-1-2027.

Sec. 2. (a) This section applies if:

(1) a social media provider:

(A) determines under section 1 of this chapter; or

(B) receives information based on which the social media provider knows or has reason to know;

that an Indiana account holder is an adolescent; and

(2) the social media provider did not receive verifiable parental consent under IC 24-16-3-1 for creation of the account.

(b) Not later than seven (7) days after the first date on which this section applies to the account of an Indiana account holder under subsection (a), the social media provider shall transmit to the Indiana account holder notice that the account is subject to termination due to the account's noncompliance with this article. The notice must include:

(1) the requirement under this article with which the account is noncompliant;

(2) notice that the Indiana account holder has thirty (30) days within which to dispute the social media provider's determination that the account is noncompliant; and

(3) instructions regarding the means under subsection (c) by which the Indiana account holder may dispute the social media provider's determination that the account is noncompliant.

(c) A social media provider that provides notice to an Indiana account holder under subsection (b) shall allow the Indiana account holder thirty (30) days after the transmission date of the notice to dispute the social media provider's determination through:

(1) provision of verifiable parental consent from a parent or legal guardian of the Indiana account holder to the continuation of the account; or

(2) any commercially reasonable method that relies on public or private transactional data to verify the age of the account holder.

(d) If, not later than thirty (30) days after the transmission date of a notice transmitted to an Indiana account holder under subsection (b):

(1) a parent or legal guardian of the Indiana account holder provides the social media provider with verifiable parental consent to the continuation of the account under subsection (c)(1); or

(2) the Indiana account holder completes an age estimation process under subsection (c)(2) that results in a determination by the social media provider that the Indiana account holder is not an adolescent;

the social media provider shall not terminate the account based on the social media provider's determination under subsection (a)(1)(A) or the information under subsection (a)(1)(B).

(e) If, not later than thirty (30) days after the transmission date of a notice transmitted to an Indiana account holder under subsection (b):

(1) a parent or legal guardian of the Indiana account holder does not provide the social media provider with verifiable parental consent to the continuation of the account under subsection (c)(1); or

(2) the Indiana account holder does not complete an age estimation process under subsection (c)(2);

the social media provider shall terminate the account at the conclusion of the thirty (30) day period.

(f) If:

(1) an Indiana account holder who receives a notice under subsection (b) completes an age estimation process under subsection (c)(2) not later than thirty (30) days after the transmission date of the notice; and

(2) the age estimation results in a determination by the social media provider that the Indiana account holder is an adolescent;

the social media provider shall terminate the account not later than seven (7) days after receiving the results of the age estimation.

(g) A social media provider shall make a determination regarding the results of an Indiana account holder's age estimation under subsection (c)(2) not later than thirty (30) days after the date on which the Indiana account holder completes the age estimation process.

(h) A social media provider that receives verifiable parental consent for the continuation of an account under this section shall provide the parent or legal guardian with the option to receive a separate password for the account as described under IC 24-16-3-2(d).

As added by P.L.100-2026, SEC.14.

Ch. 5 Use and Retention of Information

IC 24-16-5-1 Verifiable parental consent information use and deletion

Effective 1-1-2027.

Sec. 1. A social media provider that receives information from an individual for the purpose of the individual's provision of verifiable parental consent to the social media provider:

(1) may not use the information for any purpose other than registering the individual's provision of verifiable parental consent; and

(2) shall, except as necessary to comply with any other applicable state or federal law or regulation, delete the information immediately after registering the individual's provision of verifiable parental consent.

As added by P.L.100-2026, SEC.14.

Ch. 6 Enforcement

IC 24-16-6-1 Violation; deceptive act

Effective 1-1-2027.

Sec. 1. An owner or operator of a social media provider that violates this article commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5 and that is subject to the penalties and remedies available to the attorney general under IC 24-5-0.5.

As added by P.L.100-2026, SEC.14.