reglab/housing_qa huggingface dataset:
IN Code § 24-11-3-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 3. Assertions of Patent Infringements in Bad Faith Prohibited|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.
IN Code § 24-11-4-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 4. Bond|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.
IN Code § 24-11-5-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 5. Remedies and Damages|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.
IN Code § 24-11-5-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 11. Bad Faith Assertions of Patent Infringement|Chapter 5. Remedies and Damages|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.
IN Code § 24-12-1-0.5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 1. Definitions|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.
IN Code § 24-12-2-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 2. Cpap Contract Requirements|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.
IN Code § 24-12-3-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 3. Cpap Provider Prohibitions|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) Receive any right to make any decision 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.
IN Code § 24-12-4.5-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 4.5. Charges|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.
IN Code § 24-12-4.5-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 4.5. Charges|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.
IN Code § 24-12-5-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 5. Violations|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 24-4.5-6; 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.
IN Code § 24-12-5-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 5. Violations|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.
IN Code § 24-12-6-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 6. Assignability|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.
IN Code § 24-12-6-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 6. Assignability|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.
IN Code § 24-12-7-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 7. Attorney Prohibitions|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.
IN Code § 24-12-8-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 8. Privileged Communication|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.
IN Code § 24-12-9-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 9. Licensure|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.
IN Code § 24-12-9-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 9. Licensure|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.
IN Code § 24-12-9-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 9. Licensure|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.
IN Code § 24-12-9-7 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 9. Licensure|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.
IN Code § 24-12-9-9 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 9. Licensure|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.
IN Code § 24-12-10-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 12. Civil Proceeding Advance Payments|Chapter 10. Rules|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.
IN Code § 24-13-1-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 13. Pyramid Promotional Schemes|Chapter 1. Definitions|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.
IN Code § 24-13-1-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 13. Pyramid Promotional Schemes|Chapter 1. Definitions|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.
IN Code § 24-13-1-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 13. Pyramid Promotional Schemes|Chapter 1. Definitions|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.