reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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 Internet web site of the manufacturer.
As added by P.L.91-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.5. Buyback Vehicle Disclosure › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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 12-7-2-184).
(7) A private mental health institution licensed under IC 12-25.
(8) A residential facility (as defined in IC 12-7-2-165).
(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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14. Regulation of Automatic Dialing Machines › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 14.5. False or Misleading Caller Identification › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 15. Credit Services Organizations › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 15. Credit Services Organizations › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 15. Credit Services Organizations › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 15. Credit Services Organizations › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 15. Credit Services Organizations › 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.