2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 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.