reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 0.5. Deceptive Consumer Sales › 24-5-0.5-12. False Claim of Doctoral Degree

Sec. 12. (a) It is an incurable deceptive act for an individual, while soliciting or performing a consumer transaction, to claim, either orally or in writing, to possess a doctorate degree or use a title, a word, letters, an insignia, or an abbreviation associated with a doctorate degree, unless the individual:
(1) has been awarded a doctorate degree from an institution that is:
(A) accredited by a regional or professional accrediting agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation;
(B) a religious seminary, institute, college, or university whose certificates, diplomas, or degrees clearly identify the religious character of the educational program; or
(C) operated and supported by a governmental agency; or
(2) meets the requirements approved by one (1) of the following boards:
(A) Medical licensing board of Indiana.
(B) State board of dental examiners.
(C) Indiana optometry board.
(D) Board of podiatric medicine.
(E) State psychology board.
(F) Board of chiropractic examiners.
(G) Indiana board of veterinary medicine.
(H) Indiana board of pharmacy.
(I) Indiana state board of nursing.
(b) It is an incurable deceptive act for an individual, while soliciting or performing a consumer transaction, to claim to be a:
(1) physician unless the individual holds an unlimited license to practice medicine under IC 25-22.5;
(2) chiropractic physician unless the individual holds a license as a chiropractor under IC 25-10-1; or
(3) podiatric physician unless the individual holds a license as a podiatrist under IC 25-29.
(c) The attorney general shall enforce this section in the same manner as any other incurable deceptive act under this chapter.
As added by P.L.175-1997, SEC.1. Amended by P.L.246-1999, SEC.1; P.L.12-2000, SEC.1; P.L.48-2022, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 2. Sales Competition › 24-5-2-21. Contracts to Prevent Competition

Sec. 21. No manufacturer shall sell or contract to sell specific goods which may become the subject-matter of a retail installment sale in this state, whether patented or unpatented, to any retail seller in this state on the condition or with an agreement or understanding, express or implied, that the retail seller shall sell, assign or transfer any retail installment contracts arising from the retail installment sales of the goods, or any part thereof, only to a designated licensee or class of licensees, when the effect of the condition, agreement or understanding may be to lessen or eliminate competition, or create, or tend to create, a monopoly in the licensee or class designated. Any such condition, agreement or understanding with any retail seller in this state is hereby declared to be against the public policy of this state and to be unlawful and void.
Formerly: Acts 1935, c.231, s.21.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 2. Sales Competition › 24-5-2-22. Acts Tending to Prevent Competition

Sec. 22. Any threat, express or implied, made directly or indirectly to any retail seller in this state by any manufacturer that the manufacturer will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell, specific goods which may become the subject matter of a retail installment sale in this state, whether patented or unpatented, to the retail seller, unless the retail seller sells, assigns, or transfers the retail installment contracts arising from his retail installment sales to any designated licensee or class of licensees, shall be prima facie evidence that the manufacturer has sold or intends to sell such specific goods on the condition or with the agreement or understanding prohibited by section 21 of this chapter.
Formerly: Acts 1935, c.231, s.22. As amended by P.L.152-1986, SEC.74.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 2. Sales Competition › 24-5-2-23. Further Acts Tending to Prevent Competition

Sec. 23. Any threat, express or implied, made directly or indirectly to any retail seller in this state by any licensee hereunder that is affiliated with or controlled by any manufacturer that the manufacturer will terminate his contract with or cease to sell specific goods which may become the subject matter of a retail installment sale to the retail seller, unless the retail seller sells, assigns, or transfers the retail installment contracts arising from his retail installment sales to the licensee making the threat, shall be presumed to be made at the direction of and with the authority of the manufacturer and shall be prima facie evidence of the fact that the manufacturer has sold or intends to sell the specific goods on the condition or with the agreement or understanding prohibited by section 21 of this chapter.
Formerly: Acts 1935, c.231, s.23. As amended by P.L.152-1986, SEC.75.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 2. Sales Competition › 24-5-2-24. Subsidy of Licensees

Sec. 24. No manufacturer shall pay or give or contract to pay or give any thing or service of value to any licensee in this state, and no licensee in this state shall accept or receive or contract or agree to accept or receive, directly or indirectly, any payment, thing or service of value from any manufacturer, if the effect of the payment or giving of any such thing or service of value by the manufacturer, or the acceptance or receipt thereof by the licensee, may be to lessen or eliminate competition or tend to create or create a monopoly in the licensee that accepts or receives the payment, thing or service of value or contracts or agrees to accept or receive the same.
Formerly: Acts 1935, c.231, s.24.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 5. Unsolicited Merchandise › 24-5-5-1. Refusal to Accept Merchandise; Gift to Receiver

Sec. 1. Where unsolicited merchandise is delivered to a person for whom it is intended such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner without any obligation to the sender.
Formerly: Acts 1967, c.55, s.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to sections 1, 2, 5, and 17 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law.
As added by P.L.220-2011, SEC.395.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-1. Definitions

Sec. 1. As used in this chapter:
"Business day" means a day other than Sunday or a legal holiday.
"Buyer" means a purchaser of services under a contract for health spa services.
"Contract" means a contract for health spa services entered into after August 31, 1983. The term includes all financial agreements provided or arranged by the health spa or the health spa's affiliates.
"Health spa" means any business entity, other than an entity that is exempt from taxation under Section 501 of the Internal Revenue Code, offering health spa services to the public.
"Health spa services" means instruction, training, or assistance in physical culture, bodybuilding, exercising, reducing, figure development, or any other health spa service, for the use of the facilities of a health spa, figure salon, weight loss clinic, gymnasium, or other facility used for the delivery of health spa services, or for membership in any group, club, association, or organization formed to deliver health spa services.
"Seller" means a seller of services under a contract for health spa services.
As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-2. Contracts; Requisites

Sec. 2. Every contract for health spa services shall be in writing and a copy shall be furnished to the buyer at the time the contract is formed.
As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.14.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-3. Contracts; Term; Limitations

Sec. 3. (a) No contract for health spa services may require payments or financing by the buyer over a period in excess of thirty-six (36) months from the date that the contract is entered into. The term of a contract may not be measured by or be for the life of the buyer.
(b) The term of a contract may not exceed three (3) years from the date that the contract is entered into. A buyer may renew a contract for additional periods, but the contract price for the renewal of a contract must be at least twenty-four dollars ($24) per year.
As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-4. Contracts; Time for Performance; Voidability

Sec. 4. (a) A contract for health spa services to be rendered at an existing health spa facility must provide that the performance of the agreed upon services is to begin within forty-five (45) days from the date that the contract is entered into.
(b) A contract for health spa services at a planned spa facility or spa facility under construction is voidable at the option of the buyer if the health spa facilities and the agreed upon services are not available within twelve (12) months from the date the contract is entered into.
As added by P.L.249-1983, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-5. Contracts; Cancellation; Notice; Refunds

Sec. 5. (a) A copy of the buyer's cancellation rights under this chapter shall be furnished in writing to the buyer at the time the contract is formed.
(b) In at least 10 point boldface type, every contract for health spa services must provide that the contract may be cancelled before midnight of the third full business day after the buyer signs the contract.
(c) A buyer may cancel the contract by written notice, in any form, delivered in person or mailed by certified or registered mail to the seller at the address specified in the contract. The notice must be accompanied by the membership cards previously delivered to the buyer.
(d) All money paid under a contract shall be refunded within thirty (30) days of receipt of the notice of cancellation.
As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-6. Contracts; Cancellation Provisions; Contingencies

Sec. 6. (a) In at least ten (10) point boldface type, every health spa services contract that has not been cancelled under section 5 of this chapter must provide that the buyer or the buyer's estate may cancel the contract if any of the following occur:
(1) The buyer dies.
(2) The buyer becomes totally physically disabled for the duration of the contract.
(3) The health spa facility operated by the seller is moved to a location that is more than five (5) miles from the original facility. However, if a health spa facility is closed at any site and a facility with similar health spa services is operated less than five (5) miles away from the closed facility, then the buyer's contract may be transferred to the operating facility, if the operator of the facility to which the contract is to be transferred accepts the transfer.
(4) The services are no longer available as provided in the contract because of the seller's permanent discontinuance of operation.
(b) This section does not restrict the seller from offering or providing in a contract additional or broader reasons for cancellation.
As added by P.L.249-1983, SEC.1. Amended by P.L.12-1986, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-7. Contracts; Cancellation Provisions; Evidence of Disability or Death

Sec. 7. The health spa may require and verify reasonable evidence of total physical disability or death. In the case of total physical disability, the health spa may also require that the buyer submit to a physical examination by a doctor agreeable to the buyer and the health spa. The cost of the examination shall be borne by the health spa.
As added by P.L.249-1983, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-8. Contracts Cancelled; Refunds; Proration, Cancellation of Loan Agreements

Sec. 8. (a) All money paid pursuant to a contract for health spa services that is cancelled under this chapter shall be refunded within thirty (30) days of receipt of a notice of cancellation. However, in a cancellation under section 6 of this chapter, the seller may retain the portion of the total price representing the services used or completed plus reimbursement for the expenses incurred in an amount not to exceed twenty-five percent (25%) of the total contract price. In no instance may the seller demand more than the full contract price from the buyer.
(b) If the buyer has executed any credit or loan agreement to pay for all or part of the cancelled health spa services, that agreement shall also be cancelled and returned within thirty (30) days. Notice of the duty described by this subsection must be included in each health spa services contract, in at least ten (10) point boldface type.
As added by P.L.249-1983, SEC.1. Amended by P.L.12-1986, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-10. Contracts; Voidability for Noncompliance; Cure by Seller; Actions

Sec. 10. (a) A contract for health spa services that does not comply with this chapter is voidable at the option of the buyer.
(b) The seller may cure noncompliance with this chapter, and no legal action may be brought by the buyer for relief under this chapter unless, following receipt of written notice of such noncompliance, the seller:
(1) fails within thirty (30) days of receipt of the notice of noncompliance to notify all buyers with whom the seller has contracted since August 31, 1983, of the noncompliance; or
(2) fails to make all contracts for health spa services which the seller has entered into after August 31, 1983, comply with this chapter.
As added by P.L.249-1983, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-11. Contracts; Voidability for False Information or Advertisement

Sec. 11. Any contract for health spa services entered into in reliance upon any willfully or fraudulently disseminated false or misleading information, representation, notice, or advertisement of the seller is void and unenforceable.
As added by P.L.249-1983, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-13. Surety Bonds; Contracts for Services to Be Rendered at Planned Facilities

Sec. 13. A health spa that sells contracts for health spa services to be rendered at a planned health spa facility or a health spa facility under construction shall file with the secretary of state a bond issued by a surety company admitted to do business in Indiana in the amount of twenty-five thousand dollars ($25,000) or such greater amount as the secretary of state may specify by rule. The health spa is relieved from the obligation to maintain such a bond upon commencing health spa service.
As added by P.L.249-1983, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-14. Surety Bonds; Requisites; Cancellation; Notices; New Bond

Sec. 14. (a) The state of Indiana shall be the obligee under the bond.
(b) The bond shall be:
(1) executed by the health spa as principal and by a corporate surety licensed to do business in Indiana as surety;
(2) in such form and shall contain such terms and conditions as the secretary of state prescribes;
(3) conditioned upon the faithful performance of all obligations of a health spa to construct or commence operations at its planned facility; and
(4) effective from the date of filing with the secretary of state and shall continue in full force and effect until cancelled.
(c) The total and aggregate liability of the surety on a bond is limited to the amount specified in the bond.
(d) A health spa may not cancel a bond prior to the commencement of health spa services without the prior written approval of the secretary of state and without the secretary's approval of a substitute bond so as to provide continuous bonding of the health spa's activities prior to the commencement of health spa services.
(e) The surety on a bond may cancel a bond filed under this chapter only after the expiration of ninety (90) days from the date the surety, by registered or certified mail, return receipt requested, mails to the secretary of state and to the principal on the bond a notice of intent to cancel.
(f) Not later than thirty (30) days prior to the date upon which a bond cancellation becomes effective, the health spa shall give written notice to the secretary of state that a new bond has been obtained so as to provide continuous bond coverage of the health spa's activities prior to the commencement of health spa services.
As added by P.L.249-1983, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-15. Surety Bonds Claims Against Bonds; Hearing and Determination; Distribution of Bond Proceeds

Sec. 15. (a) If any health spa fails, or is alleged to have failed, to meet its obligations prior to the commencement of health spa services, the secretary of state shall hold a hearing and determine whether there has been such a failure, determine those persons who, as buyers, have sustained financial losses recoverable under the bond and, if appropriate, distribute the bond proceeds to the persons sustaining losses, to the extent of their losses.
(b) Actions upon the bond and the right to payment under the bond extend solely to the secretary of state. However, if the secretary of state has not initiated an action upon the bond by scheduling and holding a hearing within thirty (30) days of a written request to do so, any claimant may initiate an action in the circuit court of Marion County, Indiana, to require the secretary of state to take action.
(c) If, upon a hearing, the secretary of state determines that the claims of persons who have sustained financial losses recoverable under the seller's bond exceed the amount of the bond proceeds, the proceeds shall be prorated among those persons according to the ratio that each person's loss bears to the total amount of all proven losses.
(d) The determination of the secretary of state as to liability under the bond and the amount distributed under the bond is binding upon the principal and surety of the bond.
(e) All hearings held under this section shall be held in accordance with IC 4-21.5-3.
(f) The existence of the bond and the bond recovery procedure in no way affect or alter any other right or remedy which a person may have under applicable law.
As added by P.L.249-1983, SEC.1. Amended by P.L.7-1987, SEC.109.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-16. Purchase of Facility; Assumption of Membership Contract Liability; Preservation of Actions or Defenses

Sec. 16. (a) A purchaser of a health spa facility that offers health spa services to the public assumes all membership contract liability from the previous seller.
(b) Any right of action or defense arising out of a health spa services contract that the buyer has against the seller is preserved against an assignee of or successor to the contract.
As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.17.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-16.5. Refunds; Options; Repair and Maintenance

Sec. 16.5. (a) Except as provided in subsection (d), if any of a health spa's facilities or services described in the contract are no longer provided before full receipt of the services and use of facilities for which the buyer contracted, the buyer is entitled to a refund based on the total consideration proportional to the elapsed time portion of the contract at the time of the unavailability, or may exercise the option provided by subsection (b).
(b) A buyer has the option, instead of the proportional refund provided in subsection (a), to choose to complete the unused portion of the contract, including renewal periods, at another location that is owned, controlled, affiliated with, or operated by the seller. A modification of the contract must be made in writing.
(c) This section does not restrict a health spa's ability to:
(1) make improvements to the facilities or services; or
(2) replace a facility or service with a superior facility or service.
(d) If a health spa ceases to provide services or access to facilities in order to perform regular maintenance or to repair equipment, a buyer may not exercise the rights provided in subsection (a) or (b) until the health spa has failed to provide services or access to facilities for a continuous period of thirty (30) days. However, if a health spa that has ceased to provide services or access to facilities in order to perform regular maintenance or repair equipment is unable to resume providing services or access to facilities within thirty (30) days due to circumstances beyond the control of the operator of the health spa, a buyer may not exercise the rights provided in subsection (a) or (b) until the health spa has failed to provide services or access to facilities for a continuous period of sixty (60) days.
As added by P.L.24-1989, SEC.18.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-17. Violations by Buyer or Seller; Actions; Penalties

Sec. 17. A purchaser of a health spa facility or a seller who violates this chapter commits a deceptive act that is actionable by the attorney general or by a buyer under IC 24-5-0.5, and is subject to the penalties set forth in that chapter.
As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.19.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 7. Health Spa Services › 24-5-7-18. Enforcement Powers

Sec. 18. The secretary of state shall have all powers necessary to accomplish the responsibilities assigned to him in this chapter including but not limited to the authority to compel the production of financial statements and such other information as the secretary of state may deem necessary.
As added by P.L.249-1983, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-1.5. Substantial Sellers; Application of Certain Sections

Sec. 1.5. Sections 2, 3, 4, 13, 15, and 19 of this chapter do not apply to a substantial seller.
As added by P.L.252-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-3. Surety Bonds; Requirements; Waiver

Sec. 3. (a) A seller shall obtain a surety bond issued by a surety company authorized to do business in Indiana. The amount of the bond must be at least twenty (20) times the initial payment required for the business opportunity, but not less than seventy-five thousand dollars ($75,000). The bond must be in favor of the state for the use and benefit of investors.
(b) The attorney general may waive the bonding requirement under subsection (a) and accept in lieu of the bond an irrevocable letter of credit for an equivalent amount issued in the favor of the state.
As added by P.L.134-1984, SEC.1. Amended by P.L.12-1986, SEC.11.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-4. Requirements Before Advertising; Amendment of Filings; Renewal Fee; Record of Filings

Sec. 4. (a) Before placing any advertisement or making any other representations to any investor in Indiana, the seller shall:
(1) file a copy of the disclosure statement required by section 2 of this chapter and the bond required by section 3 of this chapter with the consumer protection division of the office of the attorney general; and
(2) pay an initial filing fee of fifty dollars ($50).
(b) The seller shall amend these filings when any material change in the information occurs and shall pay a fee of ten dollars ($10) for filing the amendment.
(c) If the seller continues to solicit business opportunities in Indiana, he shall pay annually a renewal fee of ten dollars ($10) on or before the anniversary date of the initial filing for the particular business opportunity.
(d) The director of the consumer protection division of the office of the attorney general or his designate shall maintain a record of all filings made under this chapter and shall assign a registration number to each of them. The seller shall be advised in writing of the assigned number. Any advertisements, pamphlets, brochures, or any other materials used in the solicitation of a business opportunity must include the assigned registration number in the following manner: "C.P.D. Reg. No. ____ .".
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-5. Representations of Business Opportunity; Copy to Investor, Contents

Sec. 5. (a) If the seller represents that the business opportunity provides earning potential of any kind, the seller shall have data to substantiate the claims of earning potential and shall give to the investor at the first in person communication by the seller a copy of this data or a copy of any statement of estimated or projected earning potential prepared for presentation to prospective investors, together with an explanation of the statement. A mathematical computation of the number of sales multiplied by the amount of profit per sale to reach a projected earnings figure is not sufficient data to substantiate an earnings potential claim for the purposes of this section.
(b) The earning potential data given to the investor by a seller, except a substantial seller, must disclose:
(1) the length of time the seller has been soliciting the particular business opportunity;
(2) the number of investors in the particular business opportunity that were solicited by the seller and known to the seller to have made at least the same sales, earnings, or profits as those represented;
(3) the percentage the number in subdivision (2) represents of the total number of investors in the particular business opportunity that were solicited by the seller; and
(4) the current address of any person named by the seller as having profited from the particular business opportunity, a description of the circumstances under which the profit was earned, and a description of any interest held by the named person in the business opportunity being offered to the investor.
As added by P.L.134-1984, SEC.1. Amended by P.L.252-1987, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-6. Contracts; Contents

Sec. 6. (a) The seller shall put every contract in writing and shall give the investor a copy of the contract at the time the investor signs the contract.
(b) The seller shall include in every contract the following:
(1) The seller's business address and the name and business address of the seller's agent in this state authorized to receive service of process.
(2) The terms and conditions of payment.
(3) A detailed description of any services that the seller undertakes to perform for the investor.
(4) A detailed description of any training that the seller undertakes to provide to the investor.
(5) The approximate delivery date of any goods the seller is to deliver to the investor.
(6) A statement of the investor's right to cancel that must:
(A) appear under the conspicuous caption, "INVESTOR'S RIGHT TO CANCEL WITHIN 30 DAYS"; and
(B) contain the following statement in no smaller type than the body portion of the contract: "THE INVESTOR IN THIS BUSINESS OPPORTUNITY HAS THE RIGHT TO CANCEL THIS CONTRACT FOR ANY REASON AT ANY TIME BEFORE MIDNIGHT OF THE 30TH CALENDAR DAY AFTER THIS CONTRACT IS ENTERED INTO. YOU MAY CANCEL THIS CONTRACT BY MAILING A NOTICE THAT YOU DO NOT WANT THE BUSINESS OPPORTUNITY TO THE SELLER BEFORE __________, 20__ AT 12:00 MIDNIGHT AT _______________.".
(c) Subsection (b)(6) does not apply to a contract entered into by a substantial seller, unless required by the consumer protection division of the office of the attorney general for good cause shown after notice.
As added by P.L.134-1984, SEC.1. Amended by P.L.252-1987, SEC.4; P.L.2-2005, SEC.62.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-7. Books, Records, and Accounts; Documents

Sec. 7. (a) Every seller shall keep and maintain a complete set of books, records, and accounts of business opportunity transactions made by the seller.
(b) The seller shall keep all documents relating to each contract entered into by the seller for four (4) years after the date of the contract.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-8. Validity of Waiver of Provisions by Investor

Sec. 8. Any waiver by an investor of the provisions of this chapter is deemed contrary to public policy and is void and unenforceable.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-10. Cutting Off Right or Defense of Investor Against Seller

Sec. 10. A seller may not require the investor to execute any note that will cut off a right or defense that the investor or a third party may have against the seller.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-12. Escrow Accounts

Sec. 12. A seller may not require a payment before the delivery of any goods that exceeds twenty percent (20%) of the initial payment unless the amount in excess of the twenty percent (20%) payment is placed in an escrow account which provides that the money can not be released until:
(1) the investor notifies the escrow agent in writing of the receipt of the goods; or
(2) the seller presents to the escrow agent a bill of lading that proves shipment of the goods as required by the contract.
Notification of receipt by the investor to the escrow agent may not be unreasonably withheld.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-13. Reference to Compliance With Chapter in Advertisement

Sec. 13. A seller may not make any reference to its compliance with this chapter in any advertisement or other contact with an investor other than by setting forth the registration number as provided in section 4 of this chapter.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-14. Use of Commercial Symbols

Sec. 14. A seller may not use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business that does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the business opportunity.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-15. Cancellation of Contract for Seller's Failure to Comply

Sec. 15. If a seller fails to comply with section 2 of this chapter, the investor may cancel any contract by notifying the seller in any manner.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-16. Voiding Contracts

Sec. 16. (a) If a seller:
(1) uses any untrue, misleading, or deceptive statements in a business opportunity transaction;
(2) fails to deliver the goods or services necessary to begin substantial operation of the business within forty-five (45) days of the delivery date stated in the contract; or
(3) fails to comply with section 6 of this chapter;
the investor may void the contract within one (1) year of the date of the contract by giving written notice to the seller and is entitled to a return from the seller of all consideration paid to the seller.
(b) Upon receipt by the investor of the consideration paid to the seller, the investor shall make available to the seller, at a reasonable time and place, the goods received by the investor. However, the investor is not entitled to unjust enrichment by exercising the rights provided by this section.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-17. Recovery of Actual Damages for Seller's Failure to Comply With Chapter or Breach of Contract

Sec. 17. Notwithstanding any other section of this chapter, a person who is damaged by a seller's failure to comply with this chapter or by a seller's breach of a contract may:
(1) bring an action for recovery of his actual damage including attorney fees; and
(2) bring an action against the bond required by section 3 of this chapter;
to recover an amount equal to his actual damages. However, the liability of the seller under this section may not exceed the amount of the bond.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-18. Injunction

Sec. 18. Upon complaint by any person that a seller has failed to comply with this chapter, the circuit or superior court of the county of residence of the complainant may enjoin the seller from further violations.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-19. Failure to Comply; Penalty

Sec. 19. A person who fails to comply with section 4 of this chapter commits a Level 6 felony.
As added by P.L.134-1984, SEC.1. Amended by P.L.158-2013, SEC.274.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-20. Failure to Comply; Deceptive Act

Sec. 20. A person who fails to comply with any provision of this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4(c) and is subject to the penalties enumerated in IC 24-5-0.5.
As added by P.L.134-1984, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 8. Business Opportunity Transactions › 24-5-8-21. Construction

Sec. 21. Nothing in this chapter shall be construed as relieving a person from complying with IC 23-2-2.5, IC 23-2-2.7, and IC 23-19.
As added by P.L.134-1984, SEC.1. Amended by P.L.27-2007, SEC.24.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-3. "Consumer Transaction" Defined

Sec. 3. As used in this chapter, "consumer transaction" means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible to an individual for purposes that are primarily personal, family, or household, or a solicitation to supply any of these things, with or without an extension of credit. The term does not include securities and policies or contracts of insurance issued by corporations authorized to transact an insurance business under the laws of Indiana.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-4. "Home Consumer Transaction" Defined

Sec. 4. As used in this chapter, "home consumer transaction" means a consumer transaction that the consumer did not solicit that results from the direct contact by a supplier at a place other than the supplier's permanent place of business. For purposes of this chapter, direct contact by the supplier does not include:
(1) contact conducted and consummated entirely by mail or telephone;
(2) contact between the buyer and seller or its representatives before delivery of the goods or performance of the services in the case of a supplier regulated under IC 23-7-8; or
(3) advertising to the general public.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-5. "Person" Defined

Sec. 5. As used in this chapter, "person" means an individual, a corporation, the state or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, a cooperative, or any other legal entity.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-6. "Supplier" Defined

Sec. 6. As used in this chapter, "supplier" means a seller, lessor, assignor, or other person who engages in or solicits consumer transactions, including a manufacturer, wholesaler, or retailer, whether or not the supplier deals directly with the consumer.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-7. "Subject of a Consumer Transaction" Defined

Sec. 7. As used in this chapter, "subject of a consumer transaction" means the personal property, real property, services, or intangibles furnished in a consumer transaction, whether the transaction is governed by a single contract or multiple contracts.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-8. Cancellation of Transaction; Notice to Supplier

Sec. 8. (a) A consumer may cancel a home consumer transaction if:
(1) the subject of the consumer transaction has a cash sales price of at least twenty-five dollars ($25); and
(2) the consumer gives the supplier a written notice that meets the requirements of 16 C.F.R. 429.1(a) and (b).
(b) The notice given under subsection (a)(2) must meet the following requirements:
(1) It must be given before midnight of the third business day after the later of the date:
(A) the supplier furnishes the consumer with the notice required by section 9 of this chapter; or
(B) the consumer and the supplier finally agree to the contract for the subject of the consumer transaction.
(2) It must express in any form the consumer's intention to cancel the consumer transaction.
(3) It must be delivered in person or sent by mail or other device to the address given in the supplier's notice required by section 9 of this chapter or to the address of the supplier last known to the consumer if such notice was not given.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-9. Cancellation Rights; Notice to Consumer

Sec. 9. (a) The supplier in a home consumer transaction subject to section 8 of this chapter shall deliver to the consumer two (2) copies of a written notice of the consumer's right to cancel the transaction.
(b) The notice shall be on a separate document in at least ten (10) point boldface type and contain the following information:
(1) The address to which the consumer's notice of cancellation may be delivered or sent.
(2) A statement that the transaction may be cancelled before midnight of the third business day after the consumer and the supplier finally agree to the transaction.
(3) A statement of the explanation of the steps the consumer must take to cancel the home consumer transaction.
(4) A statement of the steps the consumer and supplier must take after cancellation of the home consumer transaction.
(5) The date by which the consumer must exercise the right to cancel the transaction.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-10. Supplier's Address Change as Defense

Sec. 10. A change of the supplier's address is not a defense unless the consumer receives written notice of the change by delivery in person or by certified or registered mail within the time the consumer may exercise the consumer's right to cancel under this chapter.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-11. Final Agreement

Sec. 11. Final agreement to a contract does not occur until the consumer and the supplier unequivocally agree to the contract and the supplier obtains any required approvals by another supplier or person.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-12. Return of Consideration Upon Cancellation; Emergency Home Improvements Completed; Quantum Meruit

Sec. 12. If the consumer exercises the right to cancel under this chapter, the supplier shall, within ten (10) business days after the notice of cancellation is delivered, return to the consumer any payment or other consideration transferred to the supplier by the consumer. However, if the transaction constitutes a real property improvement contract under IC 24-5-11 and if the real property improvement has been made on an emergency basis within three (3) days after final agreement to the contract, the supplier is entitled to recover from the consumer the fair market value of the material and labor involved to alleviate the emergency.
As added by P.L.251-1987, SEC.2. Amended by P.L.170-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-13. Repossession by Supplier; Conditions

Sec. 13. (a) If the consumer exercises the right to cancel under this chapter and has possession of the subject of the consumer transaction, the supplier may retake possession only:
(1) if the supplier has complied with section 12 of this chapter;
(2) if no more than ten (10) days have passed after compliance with section 12 of this chapter; and
(3) to the extent its return is feasible and can be done without causing damage to any other property of the consumer.
(b) If the supplier fails to take possession of the property within twenty (20) days after receipt of the notice of cancellation, the supplier's right to possession is forfeited.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-17. Violations

Sec. 17. It is a violation of this chapter for a supplier to:
(1) fail to give the notice required by section 9 of this chapter;
(2) fail or refuse to make a full refund as required by this chapter; or
(3) knowingly interfere with the consumer's exercise of the consumer's rights under this chapter.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 10. Home Solicitation Sales › 24-5-10-18. Penalties

Sec. 18. A supplier who violates this chapter:
(1) commits a Class C infraction and is required to make a full refund as provided by section 12 of this chapter; and
(2) commits a deceptive act that is actionable by the attorney general or by a consumer under IC 24-5-0.5-4 and is subject to the remedies and penalties under IC 24-5-0.5.
As added by P.L.251-1987, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-1. Applicability

Sec. 1. This chapter applies only to residential real property located in Indiana, including all fixtures to, structures on, and improvements to the real property.
As added by P.L.251-1987, SEC.3. Amended by P.L.82-2012, SEC.1; P.L.170-2017, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-2. "Consumer"

Sec. 2. As used in this chapter, "consumer" means a person that owns, leases, or rents the residential real property that is the subject of a real property improvement contract.
As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-2.5. "Exterior Improvement"

Sec. 2.5. As used in this chapter, "exterior improvement" means any alteration, repair, replacement, reconstruction, or other modification made to the exterior of residential real property, including the exterior of any structure on or fixture or improvement to the property. The term also includes the alteration, repair, replacement, reconstruction, or other modification of a residential roof system.
As added by P.L.82-2012, SEC.2. Amended by P.L.170-2017, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-2.6. "Insurance Policy"

Sec. 2.6. As used in this chapter, "insurance policy" refers to a:
(1) personal line policy of property and casualty insurance coverage; or
(2) commercial line farm insurance policy that insures residential property.
As added by P.L.170-2017, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-2.7. "Insured Consumer"

Sec. 2.7. As used in this chapter, "insured consumer" refers to a person:
(1) that is a policyholder or an insured under a:
(A) personal line policy of property and casualty insurance coverage; or
(B) commercial line farm insurance policy that insures residential property; and
(2) that is or may become a consumer that enters into a real property improvement contract under this chapter.
As added by P.L.170-2017, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-2.8. "Interior Improvement"

Sec. 2.8. As used in this chapter, "interior improvement" means any alteration, repair, replacement, reconstruction, or other modification made to the interior of real property, including the interior of any structure on or fixture or improvement to the property. The term also includes the alteration, repair, reconstruction, or other modification of a basement.
As added by P.L.170-2017, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-3. "Real Property Improvement"

Sec. 3. (a) As used in this chapter, "real property improvement" means any alteration, repair, replacement, reconstruction, or other modification of residential real property.
(b) The term includes the following:
(1) An exterior improvement.
(2) An interior improvement.
As added by P.L.251-1987, SEC.3. Amended by P.L.82-2012, SEC.3; P.L.170-2017, SEC.10.