reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 24-4.7-2-5. "Doing Business in Indiana"

Sec. 5. (a) "Doing business in Indiana" means:
(1) making; or
(2) causing others to make;
telephone sales calls to consumers located in Indiana whether the telephone sales calls are made from a location in Indiana or outside Indiana.
(b) A person that controls, directly or indirectly, one (1) or more persons that make or cause another person to make a telephone call to a consumer located in Indiana is "doing business in Indiana", no matter where the person is located or domiciled.
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.7; P.L.153-2017, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 24-4.7-2-5.5. "Executive"

Sec. 5.5. "Executive" means any of the following, as applicable:
(1) With respect to a corporation, a person who is or performs the duties of the:
(A) president;
(B) chief executive officer;
(C) treasurer; or
(D) chief financial officer;
of the corporation.
(2) With respect to a partnership, a partner authorized to act on behalf of the partnership.
(3) With respect to a limited liability company, a member of the limited liability company who has not had the member's authority to act on behalf of the limited liability company revoked.
As added by P.L.242-2019, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 24-4.7-2-6. "Fund"

Sec. 6. "Fund" refers to the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6.
As added by P.L.189-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 24-4.7-2-7. "Listing"

Sec. 7. "Listing" refers to the no telephone sales solicitation listing published by the division under IC 24-4.7-3 that lists the telephone numbers of consumers who do not wish to receive telephone sales calls.
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 24-4.7-2-7.3. "Person"

Sec. 7.3. "Person" means:
(1) an individual, a firm, an organization, a partnership, an association, or a corporation, including affiliates and subsidiaries; or
(2) any other legal entity.
As added by P.L.153-2017, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 24-4.7-2-7.5. "Place of Primary Use"

Sec. 7.5. "Place of primary use", with respect to a telephone subscriber, means the street address representative of where the subscriber's use of the telephone service primarily occurs, which must be:
(1) the residential street address of the subscriber or, in the case of a subscriber of interconnected VOIP service, the subscriber's registered location (as defined in 47 CFR 9.3); and
(2) in the case of mobile telecommunications services (as defined in IC 6-8.1-15-7), within the licensed service area of the home service provider, as set forth in IC 6-8.1-15-8.
As added by P.L.226-2011, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 24-4.7-2-7.7. "Supplier"

Sec. 7.7. "Supplier" has the meaning set forth in IC 24-5-0.5-2(a)(3).
As added by P.L.61-2014, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 24-4.7-2-8. "Telephone Number"

Sec. 8. "Telephone number" means a residential telephone number that:
(1) is assigned to a subscriber who has a place of primary use in Indiana; or
(2) otherwise represents an Indiana telephone number or is associated with an Indiana identification number.
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 24-4.7-2-9. "Telephone Sales Call"

Sec. 9. (a) "Telephone sales call" means a telephone call made to a consumer for any of the following purposes:
(1) Solicitation of a sale of consumer goods or services.
(2) Solicitation of a charitable contribution.
(3) Obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.
(b) The term includes any of the following:
(1) A call made by use of an automated dialing device.
(2) A call made by use of a recorded message device.
(3) Transmission of:
(A) a text message; or
(B) a graphic message;
using short message service (SMS).
(4) Transmission of:
(A) an image;
(B) a photograph; or
(C) a multimedia message;
using multimedia messaging service (MMS).
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.11.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 2. Definitions › 24-4.7-2-10. "Telephone Solicitor"

Sec. 10. "Telephone solicitor" means a person doing business in Indiana. The term includes a person that controls, directly or indirectly, one (1) or more other persons.
As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 3. Duties of the Division › 24-4.7-3-1. Quarterly Listing

Sec. 1. (a) A quarterly listing of telephone numbers of Indiana consumers who request not to be solicited by telephone shall be established, maintained, and published as provided in this section.
(b) The telephone number of a consumer shall be placed on the listing if the consumer requests to be added to the listing according to a procedure approved by the division.
(c) The listing shall be updated upon receipt of a request from a consumer.
(d) A telephone solicitor may obtain a copy of the listing upon request of the telephone solicitor as provided in this section.
(e) The division shall establish a fee to be paid by a telephone solicitor for obtaining a copy of the listing. The fee established under this subsection may not exceed the amount necessary to cover the cost of providing the listing to telephone solicitors.
As added by P.L.189-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 3. Duties of the Division › 24-4.7-3-2. Agents

Sec. 2. (a) The division may contract with an agent to perform the division's duties under section 1 of this chapter if both of the following conditions are satisfied:
(1) The agent has demonstrated experience in maintaining a national no sales solicitation calls listing.
(2) The contract requires the vendor to provide the listing in:
(A) a printed hard copy format; and
(B) any other format offered;
at a cost that does not exceed the production cost of the format offered.
(b) If the division enters into a contract under this section, the division must retain the ultimate authority for the following:
(1) Approval of the procedures for establishment, maintenance, and publication of the listing.
(2) Establishing fees required by section 1(e) of this chapter.
As added by P.L.189-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 3. Duties of the Division › 24-4.7-3-4. Required Notice to Indiana Residents

Sec. 4. The division shall notify Indiana residents of the following:
(1) The rights and duties created by this article, including the right of any of the following consumers to place a telephone number on the listing established and maintained under section 1 of this chapter:
(A) Subscribers of interconnected VOIP service.
(B) Subscribers of mobile telecommunications service (as defined in IC 6-8.1-15-7).
(C) Users of a prepaid wireless calling service, as described in IC 24-4.7-2-2(b).
(2) The prohibition under 47 U.S.C. 227(b) against a person making any call using an:
(A) automatic telephone dialing system; or
(B) artificial or prerecorded voice;
to any telephone number assigned to a mobile telecommunications service (as defined in IC 6-8.1-15-7), or to another radio common carrier service.
(3) The prohibition under 47 U.S.C. 227(b) against a person initiating any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior consent of the called party, subject to the exceptions set forth in 47 U.S.C. 227(b).
(4) Information concerning the placement of a telephone number on the National Do Not Call Registry operated by the Federal Trade Commission.
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.12; P.L.242-2019, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 3. Duties of the Division › 24-4.7-3-5. Reports

Sec. 5. (a) The division shall, after June 30 and before October 1 of each year, report to the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 on the following:
(1) The total amount of fees deposited in the fund during the most recent state fiscal year.
(2) The expenses incurred by the division in maintaining and promoting the listing during the most recent state fiscal year.
(3)The projected budget required by the division to comply with this article during the current state fiscal year.
(4) Any other expenses incurred by the division in complying with this article during the most recent state fiscal year.
(5) The total number of subscribers on the listing at the end of the most recent state fiscal year.
(6) The number of new subscribers added to the listing during the most recent state fiscal year.
(7) The number of subscribers removed from the listing for any reason during the most recent state fiscal year.
(b) The interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4 shall, before November 1 of each year, issue in an electronic format under IC 5-14-6 a report and recommendations to the legislative council concerning the information received under subsection (a).
As added by P.L.189-2001, SEC.1. Amended by P.L.28-2004, SEC.163; P.L.53-2014, SEC.139.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 3. Duties of the Division › 24-4.7-3-6. Consumer Protection Division Telephone Solicitation Fund

Sec. 6. (a) The consumer protection division telephone solicitation fund is established for the following purposes:
(1) The administration of:
(A) this article;
(B) IC 24-5-0.5-3(b)(19);
(C) IC 24-5-12;
(D) IC 24-5-14; and
(E) IC 24-5-14.5.
(2) The reimbursement of county prosecutors for expenses incurred in extraditing violators of any statute set forth in subdivision (1).
The fund shall be used exclusively for these purposes.
(b) The division shall administer the fund.
(c) The fund consists of all revenue received:
(1) under this article;
(2) from civil penalties recovered under IC 24-5-0.5-4(h);
(3) from civil penalties recovered after June 30, 2019, under IC 24-5-12-23(b);
(4) from civil penalties recovered after June 30, 2019, under IC 24-5-14-13(b); and
(5) from civil penalties recovered under IC 24-5-14.5-12.
(d) Money in the fund is continuously appropriated to the division for the purposes set forth in subsection (a).
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund. However, if the amount of money in the fund at the end of a particular state fiscal year exceeds two hundred thousand dollars ($200,000), the treasurer of state shall transfer the excess from the fund to the state general fund.
As added by P.L.189-2001, SEC.1. Amended by P.L.85-2006, SEC.1; P.L.151-2013, SEC.5; P.L.65-2014, SEC.5; P.L.242-2019, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 4. Telephone Solicitations › 24-4.7-4-1. Prohibitions

Sec. 1. A telephone solicitor may not make or cause to be made a telephone sales call to a telephone number if that telephone number appears in the most current quarterly listing published by the division.
As added by P.L.189-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 4. Telephone Solicitations › 24-4.7-4-2. Violations; Disclosure

Sec. 2. A telephone solicitor who makes a telephone sales call to a telephone number shall immediately disclose the following information upon making contact with the consumer:
(1) The solicitor's true first and last name.
(2) The name of the business or person on whose behalf the telephone solicitor is soliciting.
(3) The person with which the solicitor is employed or has contracted.
As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 4. Telephone Solicitations › 24-4.7-4-3. Consumer Information Containing Telephone Numbers; Exclusion of Numbers on Listing Required; Exception

Sec. 3. (a) This section does not apply to a person obtaining consumer information for inclusion in directory assistance and telephone directories sold by telephone companies.
(b) A telephone solicitor, a supplier, a caller, or any other person who obtains consumer information that includes telephone numbers shall exclude the telephone numbers that appear on the division's most current listing.
As added by P.L.189-2001, SEC.1. Amended by P.L.61-2014, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 4. Telephone Solicitations › 24-4.7-4-4. Contracts and Sales

Sec. 4. (a) This section does not apply to any of the following:
(1) A sale in which:
(A) no prior payment is made to a merchant;
(B) an invoice accompanies the goods or services; and
(C) a consumer is allowed seven (7) days to cancel the services or return the goods without obligation for payment.
(2) A contractual agreement that:
(A) requires payment; and
(B) allows the consumer at least ten (10) days to cancel the contract and receive a full refund of the payment.
(3) A sale regulated by 170 IAC 7-1.1-19.
(4) A newspaper subscription executed through a telephone call.
(b) A contract made under a telephone sales call is not valid and enforceable against a consumer unless the contract complies with this section.
(c) A contract made under a telephone sales call must satisfy all of the following:
(1) The contract must be reduced to writing and signed by the consumer.
(2) The contract must contain the name, address, and business telephone number of the seller, the total price of the contract, and a detailed description of the goods or services being sold.
(3) The description of goods or services as stated in the contract must be the same as the description principally used in the telephone solicitation.
(4) The contract must contain, in bold, conspicuous type immediately preceding the signature the words "you are not obligated to pay any money unless you sign this contract and return it to the seller".
(5) The contract may not exclude from its terms any oral or written representations made by the telephone solicitor to the consumer in connection with the transaction.
As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 4. Telephone Solicitations › 24-4.7-4-5. Transactions

Sec. 5. (a) This section does not apply to any of the following:
(1) A transaction made in accordance with prior negotiations in the course of a visit by a consumer to a merchant that operates a retail business establishment that has a fixed, permanent location where consumer goods are displayed or offered for sale on a continuing basis.
(2) A transaction in which:
(A) a consumer may obtain a full refund for the return of undamaged and unused goods; or
(B) a consumer may, within seven (7) days after receipt of merchandise by a consumer, give a cancellation of services notice to a seller and return the merchandise, and the seller must process the refund within thirty (30) days after receipt of the returned merchandise.
(3) A transaction in which a consumer purchases goods or services under a television, radio, or print advertisement or a sample, brochure, or catalog of a merchant that contains:
(A) the name, address, and business telephone number of the merchant;
(B) a description of the goods or services being sold; and
(C) limitations or restrictions that apply to the offer.
(4) A transaction in which a merchant is a bona fide charitable organization.
(b) A contract made under a telephone sales call in violation of this section is not valid and enforceable against a consumer.
(c) A merchant who engages a telephone solicitor to make or cause to be made a telephone sales call may not:
(1) make or submit a charge to a consumer's credit card account; or
(2) make or cause to be made any electronic transfer of funds;
until the merchant receives from the consumer a copy of the contract, signed by the consumer, that complies with this chapter.
As added by P.L.189-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 4. Telephone Solicitations › 24-4.7-4-6. Compliance With Other Applicable Laws

Sec. 6. A telephone solicitor, a supplier, or a caller must also comply with all other applicable laws, including the following, if applicable:
(1) IC 24-5-12.
(2) IC 24-5-14.
(3) IC 24-5-14.5.
As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.2; P.L.61-2014, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 4. Telephone Solicitations › 24-4.7-4-7. Prohibitions; Providing Telephone Numbers for Solicitation Purposes; Transferring Live Calls; Providing Assistance or Support to Violators; Inapplicability to Communications Service Providers

Sec. 7. (a) This section does not apply to the sale, transfer, or provision of a consumer's telephone number to a person that is exempt from this article under IC 24-4.7-1-1.
(b) A telephone solicitor, a supplier, or a caller may not sell, transfer, or make available to another person for solicitation purposes a consumer's telephone number if the telephone solicitor, supplier, or caller knows that the telephone number appears in the most current quarterly listing published by the division.
(c) A telephone solicitor, a supplier, or a caller may not transfer a live call to one (1) or more other persons if the call has been placed to a consumer in violation of this article or IC 24-5-14.
(d) A telephone solicitor, a supplier, or a caller may not provide substantial assistance or support to another person if the telephone solicitor, supplier, or caller knows or consciously avoids knowing that the person has engaged in any act or practice that violates this article or IC 24-5-14.
(e) A person may not provide substantial assistance or support to a telephone solicitor, a supplier, or a caller if the person knows or consciously avoids knowing that the telephone solicitor, supplier, or caller has engaged in any act or practice that violates this article or IC 24-5-14. A communications service provider (as defined in IC 8-1-32.5-4) does not violate this subsection, and this subsection does not:
(1) provide a right of action against a communications service provider; or
(2) subject a communications service provider to any criminal penalties or civil remedies set forth in this article or in IC 24-5-14;
if the communications service provider's equipment or services are used only to transport, handle, or retransmit a communication that violates this article or IC 24-5-14.
As added by P.L.61-2014, SEC.5. Amended by P.L.227-2015, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 5. Civil Remedies › 24-4.7-5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.222-2005 apply only to a contract entered into or renewed after July 1, 2005.
As added by P.L.220-2011, SEC.393.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 5. Civil Remedies › 24-4.7-5-1. Deceptive Acts; State Contractors

Sec. 1. (a) A telephone solicitor, a supplier, or a caller who fails to comply with any provision of IC 24-4.7-4 commits a deceptive act that is actionable by the attorney general under this chapter.
(b) A person who directly or indirectly controls a person that fails to comply with any provision of IC 24-4.7-4 commits a separate deceptive act that is actionable by the attorney general under this chapter.
(c) If:
(1) the person described in subsection (b) is an executive with respect to a telephone solicitor, a supplier, or a caller; and
(2) the telephone solicitor, supplier, or caller fails to comply with any provision of IC 24-4.7-4;
the person described in subsection (b) commits a separate deceptive act that is actionable by the attorney general under this chapter.
(d) A contractor who contracts or seeks to contract with the state:
(1) may be prohibited from contracting with the state; or
(2) may have an existing contract with the state voided;
if the contractor, an affiliate or principal of the contractor, a person that directly or indirectly controls the contractor, any agent acting on behalf of the contractor or an affiliate or principal of the contractor, or a person that directly or indirectly controls the agent does not comply or has not complied with the terms of this article, even if this article is preempted by federal law.
As added by P.L.189-2001, SEC.1. Amended by P.L.165-2005, SEC.5 and P.L.222-2005, SEC.32; P.L.61-2014, SEC.6; P.L.153-2017, SEC.5; P.L.242-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 5. Civil Remedies › 24-4.7-5-2. Remedies

Sec. 2. (a) In an action under this chapter, the attorney general may obtain any or all of the following:
(1) An injunction to enjoin future violations of IC 24-4.7-4.
(2) A civil penalty of not more than the following:
(A) Ten thousand dollars ($10,000) for the first violation of IC 24-4.7-4.
(B) Twenty-five thousand ($25,000) dollars for each violation after the first violation.
For purposes of this subdivision, each telephone call in violation of IC 24-4.7-4-1 is considered a separate violation.
(3) All money the defendant obtained through violation of IC 24-4.7-4.
(4) The attorney general's reasonable costs in:
(A) the investigation of the deceptive act; and
(B) maintaining the action.
(5) Reasonable attorney's fees.
(6) Costs of the action.
(b) Except as provided in subsection (c), the attorney general may obtain the remedies described in subsection (a) separately against or from each person that violates IC 24-4.7-4-1, including a person that directly or indirectly controls a person that violates IC 24-4.7-4-1.
(c) This subsection applies only to a person that directly or indirectly controls a person that violates IC 24-4.7-4-1. A person to which this subsection applies is not liable for a civil penalty under subsection (a)(2) if the person establishes by a preponderance of the evidence that the person:
(1) did not know; and
(2) in the exercise of reasonable care could not have known;
of the violation.
As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 5. Civil Remedies › 24-4.7-5-3. Voidable Contracts

Sec. 3. In an action under this chapter, the court may void or limit the application of contracts or clauses resulting from deceptive acts and order restitution to be paid to an aggrieved consumer.
As added by P.L.189-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.7. Telephone Solicitation of Consumers › Chapter 5. Civil Remedies › 24-4.7-5-4. Statute of Limitations

Sec. 4. An action brought under this chapter may not be brought more than two (2) years after the occurrence of the deceptive act.
As added by P.L.189-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.8. Prohibited Spyware › Chapter 1. Definitions › 24-4.8-1-3. "Computer Software"

Sec. 3. (a) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer.
(b) The term does not include computer software that is a web page or a data component of a web page that is not executable independently of the web page.
As added by P.L.115-2005, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.8. Prohibited Spyware › Chapter 1. Definitions › 24-4.8-1-6. "Intentionally Deceptive Means"

Sec. 6. "Intentionally deceptive means" means any of the following:
(1) A materially false statement that a person knows to be false.
(2) A statement or description made by a person who omits or misrepresents material information with the intent to deceive an owner or operator of a computer.
(3) The failure to provide notice to an owner or operator of a computer regarding the installation or execution of computer software with the intent to deceive the owner or operator.
As added by P.L.115-2005, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.8. Prohibited Spyware › Chapter 1. Definitions › 24-4.8-1-8. "Owner or Operator"

Sec. 8. (a) "Owner or operator" means the person who owns or leases a computer or a person who uses a computer with the authorization of the person who owns or leases the computer.
(b) The term does not include a manufacturer, distributor, wholesaler, retail merchant, or any other person who owns or leases a computer before the first retail sale of the computer.
As added by P.L.115-2005, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.8. Prohibited Spyware › Chapter 1. Definitions › 24-4.8-1-10. "Personally Identifying Information"

Sec. 10. "Personally identifying information" means the following information that refers to a person who is an owner or operator of a computer:
(1) Identifying information (as defined in IC 35-43-5-1).
(2) An electronic mail address.
(3) Any of the following information in a form that personally identifies an owner or operator of a computer:
(A) An account balance.
(B) An overdraft history.
(C) A payment history.
As added by P.L.115-2005, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.8. Prohibited Spyware › Chapter 1. Definitions › 24-4.8-1-11. "Transmit"

Sec. 11. (a) Except as provided in subsection (b), "transmit" means to transfer, send, or otherwise make available computer software or a computer software component through a network, the Internet, a wireless transmission, or any other medium, including a disk or data storage device.
(b) "Transmit" does not include an action by a person who provides:
(1) the Internet connection, telephone connection, or other means of connection for an owner or operator, including a compact disc or DVD on which computer software to establish or maintain a connection is made available;
(2) the storage or hosting of computer software or an Internet web page through which the computer software was made available; or
(3) an information location tool, including a directory, an index, a reference, a pointer, or a hypertext link, through which the owner or operator of the computer located the software;
unless the person receives a direct economic benefit from the execution of the computer software.
As added by P.L.115-2005, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.8. Prohibited Spyware › Chapter 2. Prohibited Conduct › 24-4.8-2-1. Application

Sec. 1. This chapter does not apply to a person who monitors or interacts with an owner or operator's Internet connection, Internet service, network connection, or computer if the person is a telecommunications carrier, cable operator, computer hardware or software provider, or other computer service provider who monitors or interacts with an owner or operator's Internet connection, Internet service, network connection, or computer for one (1) or more of the following purposes:
(1) Network security.
(2) Computer security.
(3) Diagnosis.
(4) Technical support.
(5) Maintenance.
(6) Repair.
(7) Authorized updates of software or system firmware.
(8) Authorized remote system management.
(9) Detection or prevention of the unauthorized, illegal, or fraudulent use of a network, service, or computer software, including scanning for and removing computer software that facilitates a violation of this chapter.
As added by P.L.115-2005, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.8. Prohibited Spyware › Chapter 2. Prohibited Conduct › 24-4.8-2-3. Prohibited Conduct by Persons Who Are Not Owners or Operators of Computers

Sec. 3. A person who is not the owner or operator may not knowingly or intentionally do any of the following:
(1) Induce the owner or operator to install computer software on the owner or operator's computer by knowingly or intentionally misrepresenting the extent to which installing the computer software is necessary for:
(A) computer security;
(B) computer privacy; or
(C) opening, viewing, or playing a particular type of content.
(2) Use intentionally deceptive means to execute or cause the execution of computer software with the intent to cause the owner or operator to use the computer software in a manner that violates subdivision (1).
As added by P.L.115-2005, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.8. Prohibited Spyware › Chapter 3. Relief and Damages › 24-4.8-3-1. Civil Action

Sec. 1. In addition to any other remedy provided by law, a provider of computer software, the owner of a web site, or the owner of a trademark who is adversely affected by reason of the violation may bring a civil action against a person who violates IC 24-4.8-2:
(1) to enjoin further violations of IC 24-4.8-2; and
(2) to recover the greater of:
(A) actual damages; or
(B) one hundred thousand dollars ($100,000);
for each violation of IC 24-4.8-2.
As added by P.L.115-2005, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.8. Prohibited Spyware › Chapter 3. Relief and Damages › 24-4.8-3-2. Separate Violations

Sec. 2. For purposes of section 1 of this chapter, conduct that violates more than one (1) subdivision, clause, or item of IC 24-4.8-2 constitutes a separate violation for each separate subdivision, clause, or item violated. However, a single action or course of conduct that causes repeated violations of a single subdivision, clause, or item of IC 24-4.8-2 constitutes one (1) violation.
As added by P.L.115-2005, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 1. Application › 24-4.9-1-1. Applicability

Sec. 1. This article does not apply to:
(1) a state agency (as defined in IC 4-1-10-2); or
(2) the judicial or legislative department of state government.
As added by P.L.125-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 2. Definitions › 24-4.9-2-2. "Breach of the Security of Data"

Sec. 2. (a) "Breach of the security of data" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a person. The term includes the unauthorized acquisition of computerized data that have been transferred to another medium, including paper, microfilm, or a similar medium, even if the transferred data are no longer in a computerized format.
(b) The term does not include the following:
(1) Good faith acquisition of personal information by an employee or agent of the person for lawful purposes of the person, if the personal information is not used or subject to further unauthorized disclosure.
(2) Unauthorized acquisition of a portable electronic device on which personal information is stored, if all personal information on the device is protected by encryption and the encryption key:
(A) has not been compromised or disclosed; and
(B) is not in the possession of or known to the person who, without authorization, acquired or has access to the portable electronic device.
As added by P.L.125-2006, SEC.6. Amended by P.L.136-2008, SEC.2; P.L.137-2009, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 2. Definitions › 24-4.9-2-5. Encrypted Data

Sec. 5. Data are encrypted for purposes of this article if the data:
(1) have been transformed through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key; or
(2) are secured by another method that renders the data unreadable or unusable.
As added by P.L.125-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 2. Definitions › 24-4.9-2-6. "Financial Institution"

Sec. 6. "Financial institution" means a financial institution as defined in:
(1) IC 28-1-1-3, other than a consumer finance institution licensed to make supervised or regulated loans under IC 24-4.5; or
(2) 15 U.S.C. 6809(3).
As added by P.L.125-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 2. Definitions › 24-4.9-2-7. "Indiana Resident"

Sec. 7. "Indiana resident" means a person whose principal mailing address is in Indiana, as reflected in records maintained by the data base owner.
As added by P.L.125-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 2. Definitions › 24-4.9-2-9. "Person"

Sec. 9. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, an association, a nonprofit corporation or organization, a cooperative, or any other legal entity.
As added by P.L.125-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 2. Definitions › 24-4.9-2-10. "Personal Information"

Sec. 10. "Personal information" means:
(1) a Social Security number that is not encrypted or redacted; or
(2) an individual's first and last names, or first initial and last name, and one (1) or more of the following data elements that are not encrypted or redacted:
(A) A driver's license number.
(B) A state identification card number.
(C) A credit card number.
(D) A financial account number or debit card number in combination with a security code, password, or access code that would permit access to the person's account.
The term does not include information that is lawfully obtained from publicly available information or from federal, state, or local government records lawfully made available to the general public.
As added by P.L.125-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 2. Definitions › 24-4.9-2-11. Redacted Data or Personal Information

Sec. 11. (a) Data are redacted for purposes of this article if the data have been altered or truncated so that not more than the last four (4) digits of:
(1) a driver's license number;
(2) a state identification number; or
(3) an account number;
is accessible as part of personal information.
(b) For purposes of this article, personal information is "redacted" if the personal information has been altered or truncated so that not more than five (5) digits of a Social Security number are accessible as part of personal information.
As added by P.L.125-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 3. Disclosure and Notification Requirements › 24-4.9-3-1. Disclosure of Breach

Sec. 1. (a) Except as provided in section 4(c), 4(d), and 4(e) of this chapter, after discovering or being notified of a breach of the security of data, the data base owner shall disclose the breach to an Indiana resident whose:
(1) unencrypted personal information was or may have been acquired by an unauthorized person; or
(2) encrypted personal information was or may have been acquired by an unauthorized person with access to the encryption key;
if the data base owner knows, should know, or should have known that the unauthorized acquisition constituting the breach has resulted in or could result in identity deception (as defined in IC 35-43-5-3.5), identity theft, or fraud affecting the Indiana resident.
(b) A data base owner required to make a disclosure under subsection (a) to more than one thousand (1,000) consumers shall also disclose to each consumer reporting agency (as defined in 15 U.S.C. 1681a(p)) information necessary to assist the consumer reporting agency in preventing fraud, including personal information of an Indiana resident affected by the breach of the security of a system.
(c) If a data base owner makes a disclosure described in subsection (a), the data base owner shall also disclose the breach to the attorney general.
As added by P.L.125-2006, SEC.6. Amended by P.L.137-2009, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 3. Disclosure and Notification Requirements › 24-4.9-3-2. Notification of Data Base Owner

Sec. 2. A person that maintains computerized data but that is not a data base owner shall notify the data base owner if the person discovers that personal information was or may have been acquired by an unauthorized person.
As added by P.L.125-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 3. Disclosure and Notification Requirements › 24-4.9-3-3. Delay of Disclosure or Notification

Sec. 3. (a) A person required to make a disclosure or notification under this chapter shall make the disclosure or notification without unreasonable delay, but not more than forty-five (45) days after the discovery of the breach. For purposes of this section, a delay is reasonable if the delay is:
(1) necessary to restore the integrity of the computer system;
(2) necessary to discover the scope of the breach; or
(3) in response to a request from the attorney general or a law enforcement agency to delay disclosure because disclosure will:
(A) impede a criminal or civil investigation; or
(B) jeopardize national security.
(b) A person required to make a disclosure or notification under this chapter shall make the disclosure or notification as soon as possible after:
(1) delay is no longer necessary to restore the integrity of the computer system or to discover the scope of the breach; or
(2) the attorney general or a law enforcement agency notifies the person that delay will no longer impede a criminal or civil investigation or jeopardize national security.
As added by P.L.125-2006, SEC.6. Amended by P.L.171-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 4. Enforcement › 24-4.9-4-1. Failure to Disclose or Notify; Deceptive Act

Sec. 1. (a) A person that is required to make a disclosure or notification in accordance with IC 24-4.9-3 and that fails to comply with any provision of this article commits a deceptive act that is actionable only by the attorney general under this chapter.
(b) A failure to make a required disclosure or notification in connection with a related series of breaches of the security of data constitutes one (1) deceptive act.
As added by P.L.125-2006, SEC.6. Amended by P.L.137-2009, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 4. Enforcement › 24-4.9-4-2. Action by Attorney General

Sec. 2. The attorney general may bring an action under this chapter to obtain any or all of the following:
(1) An injunction to enjoin future violations of IC 24-4.9-3.
(2) A civil penalty of not more than one hundred fifty thousand dollars ($150,000) per deceptive act.
(3) The attorney general's reasonable costs in:
(A) the investigation of the deceptive act; and
(B) maintaining the action.
As added by P.L.125-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 4.9. Disclosure of Security Breach › Chapter 5. Preemption › 24-4.9-5-1. Preemption

Sec. 1. This article preempts the authority of a unit (as defined in IC 36-1-2-23) to make an enactment dealing with the same subject matter as this article.
As added by P.L.125-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 0.5. Deceptive Consumer Sales › 24-5-0.5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to sections 2, 3, and 4 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law.
(2) The amendments made to sections 2 and 3 of this chapter by P.L.174-1997 apply to local telephone directories published after May 31, 1997.
As added by P.L.220-2011, SEC.394.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 0.5. Deceptive Consumer Sales › 24-5-0.5-1. Construction and Purposes

Sec. 1. (a) This chapter shall be liberally construed and applied to promote its purposes and policies.
(b) The purposes and policies of this chapter are to:
(1) simplify, clarify, and modernize the law governing deceptive and unconscionable consumer sales practices;
(2) protect consumers from suppliers who commit deceptive and unconscionable sales acts; and
(3) encourage the development of fair consumer sales practices.
Formerly: Acts 1971, P.L.367, SEC.1. As amended by P.L.18-1997, SEC.2; P.L.1-2006, SEC.411.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 0.5. Deceptive Consumer Sales › 24-5-0.5-5. Limitation of Actions

Sec. 5. (a) No action may be brought under this chapter, except under section 4(c) of this chapter, unless (1) the deceptive act is incurable or (2) the consumer bringing the action shall have given notice in writing to the supplier within the sooner of (i) six (6) months after the initial discovery of the deceptive act, (ii) one (1) year following such consumer transaction, or (iii) any time limitation, not less than thirty (30) days, of any period of warranty applicable to the transaction, which notice shall state fully the nature of the alleged deceptive act and the actual damage suffered therefrom, and unless such deceptive act shall have become an uncured deceptive act.
(b) No action may be brought under this chapter except as expressly authorized in section 4(a), 4(b), or 4(c) of this chapter. Any action brought under section 4(a) or 4(b) of this chapter may not be brought more than two (2) years after the occurrence of the deceptive act. An action brought under section 4(c) of this chapter may not be brought more than five (5) years after the occurrence of the deceptive act.
Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts 1982, P.L.152, SEC.4; P.L.211-1993, SEC.1; P.L.45-1995, SEC.17; P.L.152-2023, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 0.5. Deceptive Consumer Sales › 24-5-0.5-6. Application of Law

Sec. 6. This chapter does not apply to an act or practice that is:
(1) required or expressly permitted by federal law, rule, or regulation; or
(2) required or expressly permitted by state law, rule, regulation, or local ordinance.
Formerly: Acts 1971, P.L.367, SEC.1. As amended by P.L.1-2006, SEC.412.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 0.5. Deceptive Consumer Sales › 24-5-0.5-7. Assurances of Voluntary Compliance

Sec. 7. (a) In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any deceptive act from any person who has engaged in, is engaging in, or is about to engage in such deceptive act. The assurance of voluntary compliance may include a stipulation for the voluntary payment by the person of the costs of investigation or payment of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved consumers, or both. The assurance of voluntary compliance shall be in writing and shall be filed with and subject to the approval of the court having jurisdiction.
(b) The assurance of voluntary compliance shall not be considered an admission of a deceptive act for any purpose; however, any violation of the terms of the assurance constitutes prima facie evidence of a deceptive act. Matters thus closed may at any time be reopened by the attorney general for further proceedings in the public interest.
As added by Acts 1978, P.L.127, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 0.5. Deceptive Consumer Sales › 24-5-0.5-8. Incurable Deceptive Act; Civil Penalty

Sec. 8. A person who commits an incurable deceptive act is subject to a civil penalty of a fine of not more than five hundred dollars ($500) for each violation. The attorney general, acting in the name of the state, has the exclusive right to petition for recovery of such a fine, and this fine may be recovered only in an action brought under section 4(c) of this chapter.
As added by Acts 1978, P.L.127, SEC.5. Amended by Acts 1982, P.L.152, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 0.5. Deceptive Consumer Sales › 24-5-0.5-9. Cooperative Purchase Supplier Contracts; Maximum Duration; Civil Penalty

Sec. 9. A supplier which is organized primarily to provide benefits to persons from the cooperative purchase of the subject of a consumer transaction shall not offer a contract for that purpose that is to be effective for more than five (5) years. A supplier that violates this section is subject to a civil penalty of a fine of not more than five hundred dollars ($500) for each violation. The attorney general, acting in the name of the state, has the exclusive right to petition for recovery of such a fine, and this fine may be recovered only in an action brought under section 4(c) of this chapter.
As added by Acts 1978, P.L.127, SEC.6. Amended by Acts 1982, P.L.152, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 0.5. Deceptive Consumer Sales › 24-5-0.5-10. Suppliers; Deceptive and Unconscionable Acts

Sec. 10. (a) A supplier commits a deceptive act if the supplier gives any of the following representations, orally or in writing, or does any of the following acts:
(1) Either:
(A) solicits to engage in a consumer transaction without a permit or other license required by law;
(B) solicits to engage in a consumer transaction if a permit or other license is required by law to engage in the consumer transaction and the supplier is not qualified to obtain the required permit or other license or does not intend to obtain the permit or other license; or
(C) engages in a consumer transaction without a permit or other license required by law.
(2) Commits a violation of IC 24-5-10.
(b) A supplier commits an unconscionable act that shall be treated the same as a deceptive act under this chapter if the supplier solicits a person to enter into a contract or agreement:
(1) that contains terms that are oppressively one sided or harsh;
(2) in which the terms unduly limit the person's remedies; or
(3) in which the price is unduly excessive;
and there was unequal bargaining power that led the person to enter into the contract or agreement unwillingly or without knowledge of the terms of the contract or agreement. There is a rebuttable presumption that a person has knowledge of the terms of a contract or agreement if the person signs a written contract.
As added by P.L.12-1986, SEC.7. Amended by P.L.251-1987, SEC.1; P.L.18-1997, SEC.4; P.L.105-2017, SEC.2.