reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 4. Additional Prohibitions for High Cost Home Loans › 24-9-4-5. Acceleration After Default

Sec. 5. A high cost home loan may not contain a provision that increases the interest rate after default. However, this section does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the high cost home loan documents if the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 4. Additional Prohibitions for High Cost Home Loans › 24-9-4-6. Consolidated Periodic Payments Paid From Loan Proceeds

Sec. 6. A high cost home loan may not include terms under which more than two (2) periodic payments required under the high cost home loan are consolidated and paid in advance from the high cost home loan proceeds provided to the borrower.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 4. Additional Prohibitions for High Cost Home Loans › 24-9-4-7. Counseling Agency Contact Information

Sec. 7. A creditor may not make a high cost home loan without first providing the borrower information to facilitate contact with a nonprofit counseling agency certified by:
(1) the United States Department of Housing and Urban Development; or
(2) the Indiana housing and community development authority under IC 5-20-1-4(d);
at the same time as the good faith estimates are provided to the borrower in accordance with the requirements of the federal Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.) as amended.
As added by P.L.73-2004, SEC.33. Amended by P.L.1-2006, SEC.415; P.L.32-2021, SEC.66.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 4. Additional Prohibitions for High Cost Home Loans › 24-9-4-8. Repayment Ability; Commercially Reasonable Practices to Determine Debt to Income Ratio

Sec. 8. (a) A creditor may not make a high cost home loan without regard to repayment ability.
(b) If a creditor presents evidence that the creditor followed commercially reasonable practices in determining the borrower's debt to income ratio, there is a rebuttable presumption that the creditor made the high cost home loan with due regard to repayment ability. For purposes of this section, there is a rebuttable presumption that the borrower's statement of income provided to the creditor is true and complete.
(c) Commercially reasonable practices include the use of:
(1) the debt to income ratio:
(A) listed in 38 CFR 36.4337(c)(1); and
(B) defined in 38 CFR 36.4337(d); and
(2) the residual income guidelines established under:
(A) 38 CFR 36.4337(e); and
(B) United States Department of Veterans Affairs form 26-6393.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 4. Additional Prohibitions for High Cost Home Loans › 24-9-4-9. Payments to Home Improvement Contractors

Sec. 9. A creditor may not pay a contractor under a home improvement contract from the proceeds of a high cost home loan unless:
(1) the creditor is presented with a signed and dated completion certificate showing that the home improvements have been completed; and
(2) the instrument is payable to the borrower or jointly to the borrower and the contractor or, at the election of the borrower, through a third party escrow agent under a written agreement signed by the borrower, the creditor, and the contractor before the disbursement.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 4. Additional Prohibitions for High Cost Home Loans › 24-9-4-10. Modification, Renewal, Extension, Amendment, or Deferral of Loan Terms; Fees and Charges Prohibited

Sec. 10. A creditor may not charge a borrower any fees or other charges to modify, renew, extend, or amend a high cost home loan or to defer a payment due under the terms of a high cost home loan.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 4. Additional Prohibitions for High Cost Home Loans › 24-9-4-11. Notice to Borrower

Sec. 11. A creditor may not make a high cost home loan unless the creditor has given the following notice, in writing, to the borrower not later than the time that notice is required under 12 CFR 226.31(c):
"NOTICE TO BORROWER
YOU SHOULD BE AWARE THAT YOU MIGHT BE ABLE TO OBTAIN A LOAN AT A LOWER COST. YOU SHOULD COMPARE LOAN RATES, COSTS, AND FEES. MORTGAGE LOAN RATES AND CLOSING COSTS AND FEES VARY BASED ON MANY FACTORS, INCLUDING YOUR PARTICULAR CREDIT AND FINANCIAL CIRCUMSTANCES, YOUR EMPLOYMENT HISTORY, THE LOAN-TO-VALUE REQUESTED, AND THE TYPE OF PROPERTY THAT WILL SECURE YOUR LOAN. THE LOAN RATE, COSTS, AND FEES COULD ALSO VARY BASED ON WHICH CREDITOR OR BROKER YOU SELECT.
IF YOU ACCEPT THE TERMS OF THIS LOAN, THE CREDITOR WILL HAVE A MORTGAGE LIEN ON YOUR HOME. YOU COULD LOSE YOUR HOME AND ANY MONEY YOU HAVE PAID IF YOU DO NOT MEET YOUR PAYMENT OBLIGATIONS UNDER THE LOAN.
YOU SHOULD CONSULT AN ATTORNEY AND A QUALIFIED INDEPENDENT CREDIT COUNSELOR OR OTHER EXPERIENCED FINANCIAL ADVISER REGARDING THE RATE, FEES, AND PROVISIONS OF THIS MORTGAGE LOAN BEFORE YOU PROCEED. A LIST OF QUALIFIED COUNSELORS IS AVAILABLE FROM THE INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY.
YOU ARE NOT REQUIRED TO COMPLETE THIS LOAN AGREEMENT MERELY BECAUSE YOU HAVE RECEIVED THIS DISCLOSURE OR HAVE SIGNED A LOAN APPLICATION. REMEMBER, PROPERTY TAXES AND HOMEOWNER'S INSURANCE ARE YOUR RESPONSIBILITY. NOT ALL CREDITORS PROVIDE ESCROW SERVICES FOR THESE PAYMENTS. YOU SHOULD ASK YOUR CREDITOR ABOUT THESE SERVICES.
ALSO, YOUR PAYMENTS ON EXISTING DEBTS CONTRIBUTE TO YOUR CREDIT RATINGS. YOU SHOULD NOT ACCEPT ANY ADVICE TO IGNORE YOUR REGULAR PAYMENTS TO YOUR EXISTING CREDITORS.".
As added by P.L.73-2004, SEC.33. Amended by P.L.1-2006, SEC.416.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 4. Additional Prohibitions for High Cost Home Loans › 24-9-4-12. High Cost Home Loan Agreements; Unconscionable and Void Provisions

Sec. 12. Without regard to whether a borrower is acting individually or on behalf of others similarly situated, a provision of a high cost home loan agreement that:
(1) requires arbitration of a claim or defense;
(2) allows a party to require a borrower to assert a claim or defense in a forum that is:
(A) less convenient;
(B) more costly; or
(C) more dilatory;
for the resolution of the dispute than an Indiana court in which the borrower may otherwise bring a claim or defense; or
(3) limits in any way any claim or defense the borrower may have;
is unconscionable and void.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 5. Claims, Defenses, Remedies › 24-9-5-2. Acceleration; Reinstatement of High Cost Home Loan After Cure of Default

Sec. 2. (a) If a creditor asserts that grounds for acceleration under the terms of a high cost home loan exist and requires the payment in full of all sums secured by the security instrument, the borrower or a person authorized to act on the borrower's behalf at any time before the title is transferred by means of foreclosure, judicial proceeding and sale, or otherwise may cure the default and reinstate the high cost home loan by tendering the amount or performance as specified in the security instrument.
(b) If the borrower cures the default on a high cost home loan, the original loan terms shall be reinstated, and any acceleration of any obligation under the security instrument or note arising from the default is nullified as of the date of the cure.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 5. Claims, Defenses, Remedies › 24-9-5-3. Foreclosure Proceedings

Sec. 3. (a) A creditor making a high cost home loan that has the right to foreclose must use the judicial foreclosure procedures of the state in which the property securing the high cost home loan is located. The borrower has the right to assert in the proceeding the nonexistence of a default and any other claim or defense to acceleration and foreclosure, including any claim or defense based on any violations of this article.
(b) This section is not intended and shall not be construed to allow any claim or defense otherwise barred by any statute of limitation or repose.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 5. Claims, Defenses, Remedies › 24-9-5-4. Liability for Violation; Exceptions; Damages; Equitable Relief; Recoupment; Action by Homeowner Protection Unit for Deceptive Act; Statute of Limitations; Priority of Damages Over Civil Penalties

Sec. 4. (a) This section does not apply to a violation of IC 24-9-3-7(c)(4), IC 24-9-3-7(c)(5), or IC 24-9-3-7(c)(6). A person who violates this article is liable to a person who is a party to the home loan transaction, mortgage transaction (as defined in IC 24-9-3-7(a)), or real estate transaction (as defined in IC 24-9-3-7(b)), as appropriate, that gave rise to the violation for the following:
(1) Actual damages, including consequential damages. A person is not required to demonstrate reliance in order to receive actual damages.
(2) Statutory damages equal to two (2) times the finance charges agreed to in a home loan agreement.
(3) Costs and reasonable attorney's fees.
(b) A person may be granted injunctive, declaratory, and other equitable relief as the court determines appropriate in an action to enforce compliance with this chapter.
(c) The right of rescission granted under 15 U.S.C. 1601 et seq. for a violation of the federal Truth in Lending Act (15 U.S.C. 1601 et seq.) is available to a person acting only in an individual capacity by way of recoupment as a defense against a party foreclosing on a home loan at any time during the term of the loan. Any recoupment claim asserted under this provision is limited to the amount required to reduce or extinguish the person's liability under the home loan plus amounts required to recover costs, including reasonable attorney's fees. This article shall not be construed to limit the recoupment rights available to a person under any other law.
(d) The remedies provided in this section are cumulative but are not intended to be the exclusive remedies available to a person. Except as provided in subsection (e), a person is not required to exhaust any administrative remedies under this article or under any other applicable law.
(e) Before bringing an action regarding an alleged deceptive act under this chapter, a person must:
(1) notify the homeowner protection unit established by IC 4-6-12-2 of the alleged violation giving rise to the action; and
(2) allow the homeowner protection unit at least ninety (90) days to institute appropriate administrative and civil action to redress a violation.
(f) An action under this chapter must be brought within five (5) years after the date that the person knew, or by the exercise of reasonable diligence should have known, of the violation of this article.
(g) An award of damages under subsection (a) has priority over a civil penalty imposed under this article.
As added by P.L.73-2004, SEC.33. Amended by P.L.3-2005, SEC.1; P.L.105-2009, SEC.10; P.L.114-2010, SEC.19.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 5. Claims, Defenses, Remedies › 24-9-5-4.1. General Assembly Intent Relating to Certain Amendments Made to Section 4 of This Chapter

Sec. 4.1. The general assembly intends the amendment of section 4(c) of this chapter made by P.L.3-2005 to:
(1) be construed together with section 4(c) of this chapter as enacted by P.L.73-2004, SECTION 33; and
(2) apply as if the language of section 4(c) of this chapter, as amended by P.L.3-2005, SECTION 1, had been part of section 4(c) of this chapter as first enacted.
As added by P.L.220-2011, SEC.402.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 5. Claims, Defenses, Remedies › 24-9-5-5. Unintentional or Erroneous Violations; Corrections by Creditors

Sec. 5. (a) If the creditor or an assignee establishes by a preponderance of evidence that a violation of this article is unintentional or the result of a bona fide error of law or fact notwithstanding the maintenance of procedures reasonably adopted to avoid any such violation or error, the validity of the transaction is not affected, and no liability is imposed under section 4 of this chapter except in the case of a refusal to make a refund.
(b) Except as provided in subsection (c), a creditor in a high cost home loan who in good faith fails to comply with this article is not considered to have violated this article if the creditor does the following before receiving notice of the failure from the borrower:
(1) Not later than ninety (90) days after the date of the loan closing:
(A) makes appropriate restitution to the borrower of any amounts collected in error; and
(B) takes necessary action to make all appropriate adjustments to the loan to correct the error.
(2) Not later than one hundred twenty (120) days after the date of the loan closing, notifies the borrower of:
(A) the error; and
(B) the amount of the required restitution or adjustment.
(c) Subsection (b) does not apply unless the creditor establishes that the compliance failure was not intentional and resulted from a bona fide error of fact or law, notwithstanding the maintenance of procedures reasonably adopted to avoid the errors.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 6. Reporting Requirements › 24-9-6-1. Requirements for Servicers of High Cost Home Loans

Sec. 1. (a) A servicer of a high cost home loan shall report at least once each calendar quarter to a nationally recognized consumer credit reporting agency both the favorable and unfavorable payment history information of the borrower on payments due to the creditor on a high cost home loan.
(b) This section does not prohibit a servicer from agreeing with the borrower not to report specified payment history information in the event of a resolved or an unresolved dispute with a borrower and does not apply to high cost home loans held or serviced by a lender for less than ninety (90) days.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 7. State Power to Regulate Lending › 24-9-7-1. State Sole Regulator of Loans and Credit

Sec. 1. The state is the sole regulator of the business of originating, granting, servicing, and collecting loans and other forms of credit in Indiana and the manner in which the business is conducted. This regulation preempts all other regulation of these activities by any political subdivision.
As added by P.L.73-2004, SEC.33.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 7. State Power to Regulate Lending › 24-9-7-2. Political Subdivisions; Prohibited Practices

Sec. 2. Political subdivisions may not:
(1) enact, issue, or enforce ordinances, resolutions, regulations, orders, requests for proposals, or requests for bids pertaining to financial or lending activities, including ordinances, resolutions, and rules that disqualify persons from doing business with a municipality and that are based upon lending terms or practices; or
(2) impose reporting requirements or any other obligations upon persons regarding financial services or lending practices or upon subsidiaries or affiliates that:
(A) are subject to the jurisdiction of the department of financial institutions;
(B) are subject to the jurisdiction or regulatory supervision of the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Federal Deposit Insurance Corporation, the Federal Trade Commission, or the United States Department of Housing and Urban Development;
(C) are chartered by the United States Congress to engage in secondary market mortgage transactions;
(D) are created by the Indiana housing and community development authority; or
(E) originate, purchase, sell, assign, securitize, or service property interests or obligations created by financial transactions or loans made, executed, originated, or purchased by persons referred to in clauses (A), (B), (C), or (D).
As added by P.L.73-2004, SEC.33. Amended by P.L.1-2006, SEC.417 and P.L.181-2006, SEC.59; P.L.27-2012, SEC.34.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 8. Penalties and Enforcement › 24-9-8-1. Penalties; Exception

Sec. 1. A person who knowingly or intentionally violates this article commits:
(1) a Class A misdemeanor; and
(2) except for a violation of IC 24-9-3-7(c)(4) by a person required to be licensed by the department of financial institutions, an act that is actionable by the attorney general under IC 24-5-0.5 and is subject to the penalties listed in IC 24-5-0.5.
As added by P.L.73-2004, SEC.33. Amended by P.L.105-2009, SEC.11; P.L.114-2010, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 8. Penalties and Enforcement › 24-9-8-2. Homeowner Protection Unit

Sec. 2. (a) Beginning July 1, 2005, the attorney general and the attorney general's homeowner protection unit established under IC 4-6-12 shall enforce this article. An action may not be brought under this article more than five (5) years after the occurrence of the violation.
(b) The attorney general may refer a matter under section 1 of this chapter to a prosecuting attorney for enforcement.
As added by P.L.73-2004, SEC.33. Amended by P.L.231-2013, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 8. Penalties and Enforcement › 24-9-8-3. Enforcement Actions by Attorney General; Exception; Civil Penalty for Violation of Injunction; Jurisdiction of Court

Sec. 3. (a) This section does not apply to a violation of IC 24-9-3-7(c)(4) by a person required to be licensed by the department of financial institutions. The attorney general may bring an action to enjoin a violation of this article. A court in which the action is brought may:
(1) issue an injunction;
(2) order a person to make restitution;
(3) order a person to reimburse the state for reasonable costs of the attorney general's investigation and prosecution of the violation of this article; and
(4) impose a civil penalty of not more than ten thousand dollars ($10,000) per violation.
(b) A person who violates an injunction under this section is subject to a civil penalty of not more than ten thousand dollars ($10,000) per violation.
(c) The court that issues an injunction retains jurisdiction over a proceeding seeking the imposition of a civil penalty under this section.
As added by P.L.73-2004, SEC.33. Amended by P.L.105-2009, SEC.12; P.L.114-2010, SEC.21.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 9. Fees › 24-9-9-1. Mortgage Recording Fee

Sec. 1. The county recorder shall assess a fee for each mortgage recorded that shall be paid to the county treasurer at the end of each calendar month as set forth in IC 36-2-7-10(c)(2).
As added by P.L.73-2004, SEC.33. Amended by P.L.127-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 9. Fees › 24-9-9-3. Distributions to Auditor of State

Sec. 3. On or before June 20 and December 20 of each year, after completing an audit of the county treasurer's monthly reports required by IC 36-2-10-16, the county auditor shall distribute to the auditor of state two dollars and fifty cents ($2.50) of the mortgage recording fee collected under IC 36-2-7-10(c)(2) for each mortgage recorded by the county recorder. The auditor of state shall deposit the money in the state general fund to be distributed as described in section 4 of this chapter.
As added by P.L.73-2004, SEC.33. Amended by P.L.127-2017, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 9. Home Loan Practices › Chapter 9. Fees › 24-9-9-4. Distributions by Auditor of State

Sec. 4. On or before June 30 and December 31 of each year the auditor of state shall distribute one dollar and twenty-five cents ($1.25) of the mortgage recording fee to the state general fund and one dollar and twenty-five cents ($1.25) of the mortgage recording fee to the homeowner protection unit account established by IC 4-6-12-9.
As added by P.L.73-2004, SEC.33. Amended by P.L.246-2005, SEC.209.
2023 Indiana Code › Title 24. Trade Regulation › Article 10. Consumer Protection Assistance Fund › Chapter 1. Definitions › 24-10-1-3. "Qualifying Claim"

Sec. 3. As used in this article, "qualifying claim" means a claim that:
(1) subject to IC 24-10-2-2(b), is filed with the office on a form prescribed by the office;
(2) is based on a court order that:
(A) is issued in a case instituted or maintained by the office in connection with a violation of a statute set forth in IC 24-10-2-1(c); and
(B) awards restitution to one (1) or more qualifying individuals;
(3) identifies each qualifying individual who:
(A) has been awarded restitution in the order described in subdivision (2); and
(B) seeks payment from the fund through the claim submitted;
(4) attests that the party ordered to pay the restitution has not paid the full amount ordered with respect to each qualifying individual identified under subdivision (3); and
(5) seeks payment from the fund of any amount of the restitution:
(A) ordered by the court; and
(B) not paid by the party ordered to pay the restitution;
with respect to each qualifying individual identified under subdivision (3).
As added by P.L.121-2011, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 10. Consumer Protection Assistance Fund › Chapter 1. Definitions › 24-10-1-4. "Qualifying Individual"

Sec. 4. As used in this article, "qualifying individual" means an Indiana resident who:
(1) is awarded restitution by a court in a case that:
(A) is instituted or maintained by the office; and
(B) involves a violation by one (1) or more other persons of a statute set forth in IC 24-10-2-1(c); and
(2) assists or otherwise cooperates with the office in the investigation, prosecution, or enforcement of the case.
As added by P.L.121-2011, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 10. Consumer Protection Assistance Fund › Chapter 2. Establishment and Purposes of Fund › 24-10-2-1. Consumer Protection Assistance Fund

Sec. 1. (a) The consumer protection assistance fund is established for the purpose of compensating qualifying individuals who submit qualifying claims to the office. The fund shall be administered by the office.
(b) The fund consists of:
(1) appropriations made to the fund by the general assembly;
(2) grants, gifts, and donations intended for deposit in the fund; and
(3) at the discretion of the office, money recovered or received by the office for consumer protection purposes if use of the money is not otherwise restricted.
(c) Money in the fund may be used to make payments to qualifying individuals who file qualifying claims with the office in connection with a case involving a violation by one (1) or more other persons of any of the following statutes, including rules adopted under the authority of the following statutes:
(1) IC 24-4.7 (concerning telephone solicitation of consumers) if the case concerns a violation involving telephone solicitations made in connection with any practice or transaction governed by a statute described in subdivisions (2) through (4).
(2) IC 24-5-15 (concerning credit services organizations).
(3) IC 24-5.5 (concerning mortgage rescue fraud).
(4) IC 24-9 (concerning home loan practices).
(d) The expenses of administering the fund shall be paid from money in the fund.
(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.121-2011, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 10. Consumer Protection Assistance Fund › Chapter 2. Establishment and Purposes of Fund › 24-10-2-2. Payments to Qualifying Individuals; Claims; Confidentiality of Personal Information; Amount of Payment; Other Remedies Not Precluded

Sec. 2. (a) The office may not make a payment to a qualifying individual under section 1(c) of this chapter unless the party ordered to pay restitution to the qualifying individual has not paid the full amount of the restitution ordered by the court in the order described in IC 24-10-1-3(2).
(b) A qualifying individual who seeks payment from the fund of any amount of the restitution:
(1) ordered by the court to be paid to the individual; and
(2) not paid by the party ordered to pay the restitution;
may file a claim with the office on a form prescribed by the office. A claim filed under this section must be received by the office not later than one hundred eighty (180) days after the date of the order described in IC 24-10-1-3(2). The office may grant an extension of time for good cause shown by the individual filing the claim. However, the office may not accept a claim that is received more than two (2) years after the date of the order described in IC 24-10-1-3(2).
(c) The personal information (as defined in IC 4-1-11-3) of an individual who files a claim with the office under subsection (b) is confidential and may not be disclosed or distributed outside the office, except as may be required by law.
(d) Upon receiving a qualifying claim, the office may pay, from money available in the fund, to each qualifying individual identified in the claim under IC 24-10-1-3(3), an amount that:
(1) is determined at the discretion of the office;
(2) may be up to the amount of the restitution awarded to the qualifying individual and not paid by the party ordered to pay the restitution; and
(3) may not exceed three thousand dollars ($3,000).
(e) The limits set forth in subsection (d) do not prohibit a qualifying individual from seeking to recover, in any action or through any other lawful remedy available to the individual, any amount of the restitution that:
(1) is awarded to the qualifying individual in the order described in IC 24-10-1-3(2);
(2) is not paid by the party ordered to pay the restitution; and
(3) exceeds the amount paid to the qualifying individual by the office under subsection (d).
As added by P.L.121-2011, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 10. Consumer Protection Assistance Fund › Chapter 2. Establishment and Purposes of Fund › 24-10-2-3. State's Liability for Award; Availability of Funds

Sec. 3. The state is not liable for a determination or an award made by the office under this chapter except to the extent that money is available in the fund on the date the award is determined by the office under this chapter.
As added by P.L.121-2011, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 1. Application › 24-11-1-1. Article Not Applicable to Claims for Relief Under Certain Federal Laws

Sec. 1. This article does not apply to a demand letter or assertion of patent infringement that includes a claim for relief arising under:
(1) 35 U.S.C. 271(e)(2); or
(2) 42 U.S.C. 262.
As added by P.L.172-2015, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 1. Application › 24-11-1-2. Article Not Applicable to Certain Approved Postsecondary Educational Institutions, Organizations, and Licensees

Sec. 2. This article does not apply to any of the following:
(1) An approved postsecondary educational institution (as defined in IC 21-7-13-6(a)).
(2) A technology transfer organization owned by or affiliated with an approved postsecondary educational institution (as defined in IC 21-7-13-6(a)).
(3) A licensee holding a patent from:
(A) an approved postsecondary educational institution (as defined in IC 21-7-13-6(a)); or
(B) a technology transfer organization owned by or affiliated with an approved postsecondary educational institution (as defined in IC 21-7-13-6(a));
if the patent has been licensed by the approved postsecondary educational institution (as defined in IC 21-7-13-6(a)) or technology transfer organization.
As added by P.L.172-2015, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 2. Definitions › 24-11-2-2. "Demand Letter"

Sec. 2. (a) "Demand letter" means a letter, electronic mail, or any other written, including electronic, communication asserting that a target has engaged in patent infringement.
(b) The term does not include a complaint alleging patent infringement, or other documents related to an action for patent infringement, filed:
(1) in a United States District Court; or
(2) with the International Trade Commission.
As added by P.L.172-2015, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 2. Definitions › 24-11-2-3. "End User"

Sec. 3. "End user" means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the commercial market and that is, or later becomes, the subject of a patent infringement allegation.
As added by P.L.172-2015, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 2. Definitions › 24-11-2-5. "Target"

Sec. 5. "Target" means any of the following:
(1) An end user who has received a demand letter or against whom an assertion of patent infringement has been made.
(2) An end user who has been threatened with litigation for patent infringement or against whom a lawsuit has been filed alleging patent infringement.
(3) An end user whose customer has received a demand letter asserting that the person's product, service, or technology has infringed a patent.
As added by P.L.172-2015, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 3. Assertions of Patent Infringements in Bad Faith Prohibited › 24-11-3-1. Assertion of Claim of Patent Infringement in Bad Faith Prohibited

Sec. 1. A person may not assert a claim of patent infringement in bad faith.
As added by P.L.172-2015, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 3. Assertions of Patent Infringements in Bad Faith Prohibited › 24-11-3-2. Factors as Evidence of Bad Faith

Sec. 2. (a) A court may consider the following factors as evidence that a person has made an assertion of patent infringement in bad faith:
(1) The person distributed a demand letter that does not contain all the following information:
(A) The patent number of the patent that the person claims is being infringed.
(B) The name and address of:
(i) a patent owner;
(ii) if applicable, any assignee of the patent; and
(iii) if applicable, a patent owner's or assignee's agent who is retained by the patent owner or assignee to enforce the patent.
(C) Factual allegations identifying specific areas in which the target's products, services, and technology infringe the patent or are covered by the claims in the patent.
(2) The person fails to:
(A) conduct an analysis comparing the claims in the patent to the target's products, services, and technology; or
(B) identify, if the person conducts an analysis described in clause (A), specific areas in which the target's products, services, and technology are covered by the claims in the patent.
(3) If the demand letter does not contain the information described in subdivision (1), the person that distributed the demand letter fails to provide the information within a reasonable amount of time after the target requests the information.
(4) The person demands:
(A) payment of a license fee; or
(B) a response from the target;
within an unreasonably short period of time.
(5) The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license.
(6) The claim or assertion of patent infringement is meritless, and the person knew, or should have known, that the claim or assertion is meritless.
(7) The claim or assertion of patent infringement is deceptive.
(8) The person or the person's subsidiaries or affiliates have previously filed or threatened to file a lawsuit based on the same or similar claim of patent infringement and the:
(A) filing or threats to file lacked the information described in subdivision (1); or
(B) person attempted to enforce the claim of patent infringement in litigation and a court found the claim to be meritless.
(9) Any other factor the court finds relevant.
(b) A person may not use the failure of a target to request any information described in subsection (a)(1) that is not contained in the demand letter as a defense to an action under this article.
As added by P.L.172-2015, SEC.1. Amended by P.L.149-2016, SEC.73.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 3. Assertions of Patent Infringements in Bad Faith Prohibited › 24-11-3-3. Factors as Evidence of Not Bad Faith

Sec. 3. A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:
(1) The demand letter contains the information described in section 2(a)(1) of this chapter.
(2) If the:
(A) demand letter lacks the information described in section 2(a)(1) of this chapter; and
(B) target requests the information;
the person provides the information to the target within a reasonable period of time.
(3) The person engages in a good faith effort to:
(A) establish that the target has infringed the patent; and
(B) negotiate an appropriate remedy.
(4) The person makes a substantial investment in the:
(A) use of the patent; or
(B) production or sale of a product or item covered by the patent.
(5) The person is:
(A) the inventor or joint inventor of the patent; or
(B) if the patent was filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee.
(6) The person has:
(A) demonstrated good faith business practices in previous efforts to enforce the patent or a substantially similar patent; or
(B) successfully enforced the patent, or a substantially similar patent, through litigation.
(7) Any other factor the court finds relevant.
As added by P.L.172-2015, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 4. Bond › 24-11-4-1. Posting Bond

Sec. 1. (a) Subject to subsection (c), upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this article, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target's costs to litigate the claim and amounts reasonably likely to be recovered under IC 24-11-5, conditioned upon payment of any amounts finally determined to be due to the target.
(b) A hearing shall be held upon the request of either party.
(c) A bond ordered under this section may not exceed two hundred fifty thousand dollars ($250,000).
(d) The court may waive the bond requirement if the court finds the person has available assets equal to the amount of the proposed bond or for other good cause shown.
As added by P.L.172-2015, SEC.1. Amended by P.L.149-2016, SEC.74.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 5. Remedies and Damages › 24-11-5-1. Civil Actions; Expenses and Costs; Remedies

Sec. 1. (a) A target, or a person aggrieved by a violation of:
(1) this article; or
(2) rules adopted under this article;
may bring an action in a court with jurisdiction.
(b) A person shall, not later than thirty (30) days after filing a complaint with a court in an action under subsection (a), mail or deliver a copy of the complaint to the office of the attorney general.
(c) A court may award reasonable attorney's fees, litigation expenses, and costs to a person who prevails in an action under subsection (a).
(d) A court may, in addition to fees, expenses, and costs under subsection (c), award any or all of the following to a complainant who prevails in an action under subsection (a):
(1) Declaratory or equitable relief.
(2) The greater of:
(A) actual damages; or
(B) liquidated damages for each complainant who prevails in the sum of five thousand dollars ($5,000) for each demand letter that the complainant received.
(3) Punitive damages in the amount of the greater of:
(A) fifty thousand dollars ($50,000); or
(B) three (3) times the amount of actual damages.
As added by P.L.172-2015, SEC.1. Amended by P.L.149-2016, SEC.75.
2023 Indiana Code › Title 24. Trade Regulation › Article 11. Bad Faith Assertions of Patent Infringement › Chapter 5. Remedies and Damages › 24-11-5-2. Addition to Other Enforcement Proceedings, Private Right of Action, Remedies, and Penalties

Sec. 2. The private right of action, remedies, and penalties established under this chapter are in addition to any other enforcement proceedings, private right of action, remedies, and penalties available under any other state or federal law, rule, or regulation relating to assertions of patent infringement.
As added by P.L.172-2015, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 1. Definitions › 24-12-1-0.5. "Civil Proceeding Advance Payment Transaction"

Sec. 0.5. (a) As used in this article and subject to IC 24-12-6-2, "civil proceeding advance payment transaction", or "CPAP transaction", means a nonrecourse transaction in which a CPAP provider provides a funded amount to a consumer claimant to use for any purpose other than prosecuting the consumer claimant's civil proceeding, if the repayment of the funded amount is:
(1) required only if the consumer claimant prevails in the civil proceeding; and
(2) sourced from the proceeds of the civil proceeding, whether the proceeds result from a judgment, a settlement, or some other resolution.
(b) The term includes a transaction:
(1) that is termed or described as:
(A) a purchase; or
(B) an assignment of an interest in a consumer claimant's civil proceeding, or in the proceeds of a consumer claimant's civil proceeding;
by the CPAP provider; or
(2) with respect to which the CPAP provider sets forth in a CPAP contract, an agreement by:
(A) the CPAP provider to purchase from the consumer claimant; or
(B) the consumer claimant to assign to the CPAP provider;
a contingent right to receive a share of the potential proceeds of the consumer claimant's civil proceeding, whether the proceeds result from a judgment, a settlement, or some other resolution.
As added by P.L.176-2019, SEC.36.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 2. Cpap Contract Requirements › 24-12-2-1. Cpap Contract Requirements; Attorney's Written Acknowledgment

Sec. 1. Every CPAP transaction must meet the following requirements:
(1) The CPAP contract must be completely filled in when presented to the consumer claimant for signature.
(2) The CPAP contract must contain, in bold font contained within a box, a right of rescission, allowing the consumer claimant to cancel the contract without penalty or further obligation if, not later than five (5) business days after the funding date, the consumer claimant either:
(A) returns to the CPAP provider the full amount of the disbursed funds by delivering the provider's uncashed check to the provider's office in person; or
(B) mails, by insured, certified, or registered United States mail, to the address specified in the contract, a notice of cancellation and includes in the mailing a return of the full amount of disbursed funds in the form of the provider's uncashed check or a registered or certified check or money order.
(3) The CPAP contract must contain the initials of the consumer claimant on each page.
(4) If the consumer claimant is represented by an attorney in the civil proceeding on which a CPAP transaction is based, the CPAP contract must contain a written acknowledgment by the attorney that attests to the following:
(A) That to the best of the attorney's knowledge, all costs and charges relating to the CPAP transaction have been disclosed to the consumer claimant.
(B) That the attorney is being paid by the consumer claimant on a contingency basis under a written fee agreement.
(C) That all proceeds of the civil proceeding will be disbursed through a trust account of the attorney, or through a settlement fund established to receive the proceeds of the civil proceeding on behalf of the consumer claimant.
(D) That the attorney is following the instructions of the consumer claimant with respect to the CPAP transaction.
(E) That the attorney has not received a referral fee or other consideration from the CPAP provider, and agrees not to receive a referral fee or other consideration from the CPAP provider at any time, in connection with the CPAP transaction.
If the attorney retained by the consumer claimant in the consumer claimant's civil proceeding does not complete the acknowledgment required by this subdivision, the CPAP contract, and the CPAP transaction to which it pertains, are void. However, the CPAP contract, and the CPAP transaction to which it pertains, remain valid and enforceable if the consumer claimant or the attorney terminates the representation.
As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.38.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 3. Cpap Provider Prohibitions › 24-12-3-1. Cpap Provider Prohibitions

Sec. 1. A CPAP provider may not do any of the following:
(1) Pay or offer to pay a commission, referral fee, or other form of consideration to any attorney, law firm, medical provider, chiropractor, or physical therapist, or any of their employees for referring a consumer claimant to the provider.
(2) Accept a commission, referral fee, rebate, or other form of consideration from an attorney, law firm, medical provider, chiropractor, or physical therapist, or any of their employees.
(3) Intentionally advertise materially false or misleading information regarding the CPAP provider's products or services.
(4) Refer, in furtherance of an initial CPAP transaction, a consumer claimant or potential consumer claimant to a specific attorney, law firm, medical provider, chiropractor, or physical therapist, or any of their employees. However, if a consumer claimant needs legal representation, the CPAP provider may refer the person to a local or state bar association referral service.
(5) Knowingly provide funding to a consumer claimant who has previously assigned or sold a part of the consumer claimant's right to proceeds from the consumer claimant's civil proceeding without first making payment to or purchasing a prior unsatisfied CPAP provider's entire funded amount and contracted charges, unless a lesser amount is otherwise agreed to in writing by the prior CPAP provider. However, multiple CPAP providers may agree to provide a CPAP transaction to a consumer claimant simultaneously if the consumer claimant and the consumer claimant's attorney consent to the arrangement in writing.
(6) Receive any right to make any decision with respect to the conduct of the underlying civil proceeding or any settlement or resolution of the civil proceeding, or make any decision with respect to the conduct of the underlying civil proceeding or any settlement or resolution of the civil proceeding. The right to make these decisions remains solely with the consumer claimant and the attorney in the civil proceeding.
(7) Knowingly pay or offer to pay for court costs, filing fees, or attorney's fees either during or after the resolution of the civil proceeding, using funds from the CPAP transaction.
As added by P.L.153-2016, SEC.7. Amended by P.L.85-2017, SEC.97.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 4. Disclosures › 24-12-4-2. Required Cpap Notice

Sec. 2. (a) Except as provided in subsection (c), in a civil proceeding in which a consumer claimant is a party, the consumer claimant or the consumer claimant's attorney shall provide to:
(1) each of the other parties in the civil proceeding; and
(2) each insurer that has a duty to defend another party in the civil proceeding;
written notice that the consumer claimant has entered into a CPAP contract with a CPAP provider.
(b) A consumer claimant or the consumer claimant's attorney shall provide the written notice required by subsection (a) within a reasonable time after the date on which the consumer claimant and the CPAP provider enter into the CPAP contract, regardless of whether any other party in the civil proceeding is aware of the existence of or seeks information about the CPAP contract.
(c) Subsection (a) does not apply if the court in which the civil proceeding is filed issues an order excusing the consumer claimant from the duty to provide the written notice required by subsection (a).
(d) In a civil proceeding in which a consumer claimant is a party, the existence and contents of the CPAP contract are subject to discovery under the Indiana Rules of Trial Procedure by:
(1) a party other than the consumer claimant; or
(2) an insurer that has a duty to defend another party in the civil proceeding.
(e) The written notice provided under subsection (a) is not admissible as evidence in a court proceeding.
As added by P.L.63-2023, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 4.5. Charges › 24-12-4.5-2. Fee; Servicing Charge; Document Charges; Limitations

Sec. 2. (a) With respect to a CPAP transaction, a CPAP provider may impose the following:
(1) A fee that is:
(A) calculated at an annual rate that does not exceed thirty-six percent (36%) of the funded amount; and
(B) earned at consummation and each year after consummation on the anniversary of the funding date, in the case of a CPAP transaction offered or entered into after June 30, 2019.
(2) A servicing charge that is:
(A) calculated at an annual rate that does not exceed seven percent (7%) of the funded amount; and
(B) earned at consummation and each year after consummation on the anniversary of the funding date, in the case of a CPAP transaction offered or entered into after June 30, 2019.
(3) With respect to any one (1) civil proceeding, total charges that do not exceed five hundred dollars ($500) for obtaining and preparing documents, in the case of a CPAP transaction offered or entered into after June 30, 2019.
(4) The following with respect to a CPAP transaction offered or entered into after June 30, 2016, and before July 1, 2019:
(A) If the funded amount of the CPAP transaction is less than five thousand dollars ($5,000), a one (1) time charge that does not exceed two hundred fifty dollars ($250) for obtaining and preparing documents.
(B) If the funded amount of the CPAP transaction is at least five thousand dollars ($5,000), a one (1) time charge that does not exceed five hundred dollars ($500) for obtaining and preparing documents.
(b) A CPAP provider may not assess, or collect from the consumer claimant, any fee or charge not otherwise permitted under this chapter in connection with a CPAP transaction. The fees and charges permitted under this chapter are not subject to refund or rebate.
As added by P.L.176-2019, SEC.40.