reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-109. Paid in Full

Sec. 109. "Paid in full" means the termination of a small loan through:
(1) the presentment of the borrower's check for payment by the drawee bank or the exercise by the lender of an authorization to debit an account of the borrower; or
(2) the return of a check to a borrower who redeems it for consideration.
As added by P.L.38-2002, SEC.1. Amended by P.L.73-2004, SEC.21; P.L.10-2006, SEC.13 and P.L.57-2006, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-110. Monthly Gross Income

Sec. 110. "Monthly gross income" means the income received by the borrower in the thirty (30) day period preceding the borrower's application for a small loan under this chapter and exclusive of any income other than regular gross pay received, or as otherwise determined by the department.
As added by P.L.38-2002, SEC.1. Amended by P.L.73-2004, SEC.22.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-111. Lender

Sec. 111. "Lender" means a person that acquires and retains a license issued by the department of financial institutions under this chapter to engage in small loans.
As added by P.L.10-2006, SEC.14 and P.L.57-2006, SEC.14. Amended by P.L.186-2015, SEC.24.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-112. Lender Not Considered a Financial Institution

Sec. 112. A lender is not considered a financial institution, except for purposes of IC 28-1.
As added by P.L.10-2006, SEC.15 and P.L.57-2006, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-201. Finance Charges

Sec. 201. (1) Finance charges on the first two hundred fifty dollars ($250) of a small loan are limited to fifteen percent (15%) of the principal.
(2) Finance charges on the amount of a small loan greater than two hundred fifty dollars ($250) and less than or equal to four hundred dollars ($400) are limited to thirteen percent (13%) of the amount over two hundred fifty dollars ($250) and less than or equal to four hundred dollars ($400).
(3) Finance charges on the amount of the small loan greater than four hundred dollars ($400) and less than or equal to five hundred fifty dollars ($550) are limited to ten percent (10%) of the amount over four hundred dollars ($400) and less than or equal to five hundred fifty dollars ($550).
(4) The amount of five hundred fifty dollars ($550) in subsection (3) is subject to change under the provisions on adjustment of dollar amounts (IC 24-4.5-1-106). However, notwithstanding IC 24-4.5-1-106(1), the Reference Base Index to be used under this subsection is the Index for October 2006.
As added by P.L.38-2002, SEC.1. Amended by P.L.73-2004, SEC.23; P.L.141-2005, SEC.3; P.L.213-2007, SEC.23; P.L.217-2007, SEC.22.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-202. Fee for Dishonored Check, Electronic Funds Transfer, or Debit Authorization; Limits on Lender's Presentment of Check or Debiting of Account

Sec. 202. (1) Notwithstanding any other law, the only fee that may be contracted for and received by the lender or an assignee on a small loan is a charge, not to exceed twenty-five dollars ($25), for each:
(a) return by a bank or other depository institution of a dishonored:
(i) check;
(ii) electronic funds transfer;
(iii) negotiable order of withdrawal; or
(iv) share draft;
issued by the borrower; or
(b) time an authorization to debit the borrower's account is dishonored.
This additional charge may be assessed one (1) time regardless of how many times a check or an authorization to debit the borrower's account may be submitted by the lender and dishonored.
(2) A lender may:
(a) present a borrower's check for payment; or
(b) exercise a borrower's authorization to debit the borrower's account;
not more than three (3) times.
As added by P.L.38-2002, SEC.1. Amended by P.L.73-2004, SEC.24; P.L.213-2007, SEC.24; P.L.217-2007, SEC.23; P.L.90-2008, SEC.14; P.L.60-2016, SEC.4; P.L.69-2018, SEC.26.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-301. Disclosures; Informational Brochure

Sec. 301. (1) For purposes of this section, the lender shall disclose to the borrower to whom credit is extended with respect to a small loan the information required by the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.).
(2) In addition to the requirements of subsection (1), the lender must conspicuously display in bold type a notice to the public both in the lending area of each business location and in the loan documents the following statement:
"WARNING: A small loan is not intended to meet long term financial needs. A small loan should be used only to meet short term cash needs. The cost of your small loan may be higher than loans offered by other lending institutions. Small loans are regulated by the State of Indiana Department of Financial Institutions.
A borrower may rescind a small loan without cost by paying the cash amount of the principal of the small loan to the lender not later than the end of the business day immediately following the day on which the borrower receives the loan proceeds.".
(3) The statement required in subsection (2) must be in:
(a) 14 point bold face type in the loan documents; and
(b) not less than one (1) inch bold print in the lending area of the business location.
(4) When a borrower enters into a small loan, the lender shall provide the borrower with a pamphlet approved by the department that describes:
(a) the availability of debt management and credit counseling services; and
(b) the borrower's rights and responsibilities in the transaction.
As added by P.L.38-2002, SEC.1. Amended by P.L.73-2004, SEC.25; P.L.35-2010, SEC.83; P.L.159-2017, SEC.18; P.L.69-2018, SEC.27.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-401. Term of Loan; Consecutive Small Loans; Extended Payment Plans

Sec. 401. (1) A small loan may not be made for a term of less than fourteen (14) days.
(2) If five (5) consecutive small loans have been made to a borrower after the borrower's initial small loan, another small loan may not be made to that borrower within seven (7) days after the fifth consecutive small loan is paid in full. After the borrower's fifth consecutive small loan, the balance must be paid in full.
(3) Subject to subsection (4), whenever a borrower has entered into an initial small loan followed by three (3) consecutive small loans, the lender shall offer the borrower the option to repay:
(a) the third consecutive small loan; and
(b) subject to subsection (2), any small loan entered into after the third consecutive small loan;
under an extended payment plan. At the time of execution of a small loan described in subdivision (a) or (b), the lender shall disclose to the borrower the extended payment plan option by providing the borrower a written description of the extended payment plan option in a separate disclosure document approved by the director.
(4) A lender shall offer an extended payment plan under subsection (3) under the following terms and conditions:
(a) A borrower shall be permitted to request an extended payment plan at any time during the term of a third or subsequent consecutive small loan if:
(i) the borrower has not defaulted on the outstanding small loan; and
(ii) the rescission period under section 402(6) of this chapter has expired.
(b) An extended payment plan must allow the outstanding small loan to be paid in at least four (4) equal installments over a period of not less than sixty (60) days.
(c) An agreement for an extended payment plan may not require a borrower to pay any amount before the original maturity date of the outstanding small loan.
(d) The lender may not assess any fee or charge on a borrower for entering into an extended payment plan.
(e) An agreement for an extended payment plan must be in writing and acknowledged by both the borrower and the lender.
(f) A borrower may not enter into another small loan transaction while engaged in an extended payment plan.
(g) A lender shall not:
(i) compel, advise, solicit, or coerce a borrower to not exercise the borrower's right to request an extended payment plan;
(ii) discourage a borrower from exercising the borrower's right to request an extended payment plan; or
(iii) take any other action to influence a borrower's right to request an extended payment plan.
(5) An agreement for an extended payment plan under subsection (3):
(a) shall be considered an extension of the outstanding small loan; and
(b) may not be considered a new loan.
As added by P.L.38-2002, SEC.1. Amended by P.L.258-2003, SEC.2; P.L.73-2004, SEC.26; P.L.10-2006, SEC.16 and P.L.57-2006, SEC.16; P.L.213-2007, SEC.25; P.L.217-2007, SEC.24; P.L.186-2015, SEC.25; P.L.69-2018, SEC.28.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-402. Limits Based on Borrower's Income; Security; Partial Payments; Payments; Loan Documents; Recision; Renewal Prohibited

Sec. 402. (1) A lender is prohibited from making a small loan to a borrower if the total of:
(a) the principal amount and finance charges of the small loan to be issued; plus
(b) any other small loan balances that the borrower has outstanding with any lender;
exceeds twenty percent (20%) of the borrower's monthly gross income.
(2) A small loan may be secured by only one (1) check or authorization to debit the borrower's account per small loan. The check or electronic debit may not exceed the amount advanced to or on behalf of the borrower plus loan finance charges contracted for and permitted.
(3) A borrower may make partial payments in any amount on the small loan without charge at any time before the due date of the small loan.
(4) After any payment is made on a small loan, whether the payment is made in part or in full before, on, or after the due date of the small loan, the lender shall give a signed and dated receipt to the borrower making a payment showing the amount paid and the balance due on the small loan.
(5) The lender shall provide to each borrower a copy of the required loan documents before the disbursement of the loan proceeds.
(6) A borrower may rescind a small loan without cost by paying the cash amount of the principal of the small loan to the lender not later than the end of the business day immediately following the day on which the borrower receives the proceeds.
(7) A lender shall not enter into a renewal with a borrower. If a loan is paid in full, a subsequent loan is not a renewal.
As added by P.L.38-2002, SEC.1. Amended by P.L.73-2004, SEC.27; P.L.213-2007, SEC.26; P.L.217-2007, SEC.25; P.L.35-2010, SEC.84; P.L.27-2012, SEC.30; P.L.69-2018, SEC.29.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-405. Carrying on Other Business

Sec. 405. (1) This section does not apply to a business that is licensed by the department for a purpose other than consumer loans.
(2) A licensee may carry on other business at a location where the licensee makes small loans unless the licensee carries on other business for the purpose of evasion or violation of this article.
As added by P.L.38-2002, SEC.1. Amended by P.L.159-2017, SEC.19.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-406. Borrower's Default; Permissible and Prohibited Remedies; Notice to Borrower

Sec. 406. (1) An agreement with respect to a small loan may not provide for charges as a result of default by the borrower other than those specifically authorized by this chapter. A provision in a small loan agreement in violation of this section is unenforceable.
(2) A lender or an assignee of a small loan may seek only the following remedies upon default by a borrower:
(a) Recovery of:
(i) the contracted principal amount of the loan; and
(ii) the loan finance charge.
(b) If contracted for under section 202 of this chapter, collection of a fee for:
(i) a returned check, negotiable order of withdrawal, or share draft; or
(ii) a dishonored authorization to debit the borrower's account;
because of insufficient funds in the borrower's account.
(c) Collection of postjudgment interest, if awarded by a court.
(d) Collection of court costs, if awarded by a court.
(3) A lender or an assignee of a small loan may not seek any of the following damages or remedies upon default by a borrower:
(a) Payment of the lender's attorney's fees.
(b) Treble damages.
(c) Prejudgment interest.
(d) Damages allowed for dishonored checks under any statute other than this chapter.
(e) Any damages or remedies not set forth in subsection (2).
(4) A contractual agreement in a small loan transaction must include a notice of the following in 14 point bold type:
(a) The remedies available to a lender or an assignee under subsection (2).
(b) The remedies and damages that a lender or an assignee is prohibited from seeking in a small loan transaction under subsection (3).
As added by P.L.38-2002, SEC.1. Amended by P.L.73-2004, SEC.29; P.L.10-2006, SEC.18 and P.L.57-2006, SEC.18; P.L.90-2008, SEC.16; P.L.60-2016, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-409. Violations; Remedies and Damages; Equitable Relief; Exhaustion of Administrative Remedies Not Required

Sec. 409. (1) This section applies to licensees and unlicensed persons.
(2) A person who violates this chapter:
(a) is subject to the remedies provided in IC 24-4.5-5-202;
(b) commits a deceptive act under IC 24-5-0.5 and is subject to the penalties listed in IC 24-5-0.5;
(c) has no right to collect, receive, or retain any principal, interest, or other charges from a small loan; however, this subdivision does not apply if the violation is the result of an accident or bona fide error of computation; and
(d) is liable to the borrower for actual damages, statutory damages of two thousand dollars ($2,000) per violation, costs, and attorney's fees; however, this subdivision does not apply if the violation is the result of an accident or bona fide error of computation.
The remedies described in this subsection are in addition to all other remedies set forth in this article.
(3) The department may sue:
(a) to enjoin any conduct that constitutes or will constitute a violation of this chapter; and
(b) for other equitable relief.
(4) The remedies provided in this section are cumulative but are not intended to be the exclusive remedies available to a borrower. A borrower is not required to exhaust any administrative remedies under this section or any other applicable law.
As added by P.L.38-2002, SEC.1. Amended by P.L.73-2004, SEC.30; P.L.10-2006, SEC.19 and P.L.57-2006, SEC.19; P.L.90-2008, SEC.17.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-410. Prohibited Acts by Lender

Sec. 410. A lender making small loans, or an assignee of a small loan, shall not commit nor cause to be committed any of the following acts:
(a) Threatening to use or using the criminal process in any state to collect on a small loan.
(b) Threatening to take action against a borrower that is prohibited by this chapter.
(c) Making a misleading or deceptive statement regarding a small loan or a consequence of taking a small loan.
(d) Contracting for or collecting attorney's fees on small loans made under this chapter.
(e) Altering the date or any other information on a check or an authorization to debit the borrower's account held as security.
(f) Using a device or agreement that the department determines would have the effect of charging or collecting more fees, charges, or interest than allowed by this chapter, including, but not limited to:
(i) entering a different type of transaction with the borrower;
(ii) entering into a sales/leaseback arrangement;
(iii) catalog sales;
(iv) entering into transactions in which a customer receives a purported cash rebate that is advanced by someone offering Internet content services, or some other product or service, when the cash rebate does not represent a discount or an adjustment of the purchase price for the product or service; or
(v) entering any other transaction with the borrower that is designed to evade the applicability of this chapter.
(g) Engaging in unfair, deceptive, or fraudulent practices in the making or collecting of a small loan.
(h) Charging to cash a check representing the proceeds of a small loan.
(i) Except as otherwise provided in this chapter:
(i) accepting the proceeds of a new small loan as payment of an existing small loan provided by the same lender; or
(ii) renewing, refinancing, or consolidating a small loan with the proceeds of another small loan made by the same lender.
(j) Including any of the following provisions in a loan document:
(i) A hold harmless clause.
(ii) A confession of judgment clause.
(iii) A mandatory arbitration clause, unless the terms and conditions of the arbitration have been approved by the director of the department.
(iv) An assignment of or order for payment of wages or other compensation for services.
(v) A provision in which the borrower agrees not to assert a claim or defense arising out of contract.
(vi) A waiver of any provision of this chapter.
(k) Selling insurance of any kind in connection with the making or collecting of a small loan.
(l) Entering into a renewal with a borrower.
As added by P.L.38-2002, SEC.1. Amended by P.L.73-2004, SEC.31; P.L.10-2006, SEC.20 and P.L.57-2006, SEC.20; P.L.90-2008, SEC.18.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-411. Exemption of Finance Charges

Sec. 411. Finance charges made in compliance with this chapter are exempt from IC 24-4.5-3-508 and IC 35-45-7.
As added by P.L.38-2002, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.5. Uniform Consumer Credit Code › Chapter 7. Small Loans › 24-4.5-7-412. Endorsement of Check

Sec. 412. Upon the receipt of a check from a borrower for a small loan, unless the check is marked as void at the time of acceptance by the lender, the lender shall immediately stamp the back of the check with an endorsement that states:
"This check is being negotiated as part of a small loan under IC 24-4.5, and any holder of this check takes it subject to the claims and defenses of the maker.".
As added by P.L.38-2002, SEC.1. Amended by P.L.73-2004, SEC.32; P.L.35-2010, SEC.86.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 1. Interest Limits and Application of Other Laws › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 1. Interest Limits and Application of Other Laws › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 1. Interest Limits and Application of Other Laws › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 1. Interest Limits and Application of Other Laws › 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 24-4.5 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 1. Interest Limits and Application of Other Laws › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 1. Interest Limits and Application of Other Laws › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 1. Interest Limits and Application of Other Laws › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 3. Unauthorized Solicitation of Money Using the Name of a Public Safety Agency › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 3. Unauthorized Solicitation of Money Using the Name of a Public Safety Agency › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 3. Unauthorized Solicitation of Money Using the Name of a Public Safety Agency › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 3. Unauthorized Solicitation of Money Using the Name of a Public Safety Agency › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 4. Coalition to Support Indiana Seniors › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 4. Coalition to Support Indiana Seniors › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 4. Coalition to Support Indiana Seniors › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 4. Coalition to Support Indiana Seniors › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 4. Coalition to Support Indiana Seniors › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 4. Coalition to Support Indiana Seniors › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 5. Vehicle Owner Liability for Motor Fuel Theft › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 5. Vehicle Owner Liability for Motor Fuel Theft › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 5. Vehicle Owner Liability for Motor Fuel Theft › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 5. Vehicle Owner Liability for Motor Fuel Theft › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 5. Vehicle Owner Liability for Motor Fuel Theft › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 5. Vehicle Owner Liability for Motor Fuel Theft › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 5. Vehicle Owner Liability for Motor Fuel Theft › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 5. Vehicle Owner Liability for Motor Fuel Theft › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 6. Senior Consumer Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 6. Senior Consumer Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 6. Senior Consumer Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 6. Senior Consumer Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.6. Special Provisions Concerning Certain Transactions › Chapter 6. Senior Consumer Protection › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 1. General Provisions › 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 24-4.4, IC 24-4.5, 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 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.