reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24. Security Freezes for Consumer Reports › 24-5-24-13. Notice With Written Disclosure; Content

Sec. 13. A consumer reporting agency shall provide to a consumer notice with each written disclosure by the consumer reporting agency as required under Section 609 of the federal Fair Credit Reporting Act (15 U.S.C. 1681g) that the consumer may place a security freeze on the consumer's consumer report. The notice under this section must be in the following form:
"UNDER IC 24-5-24, YOU MAY OBTAIN A SECURITY FREEZE ON YOUR CONSUMER REPORT TO PROTECT YOUR PRIVACY AND ENSURE THAT CREDIT IS NOT GRANTED IN YOUR NAME WITHOUT YOUR KNOWLEDGE. THE SECURITY FREEZE WILL PROHIBIT A CONSUMER REPORTING AGENCY FROM RELEASING ANY INFORMATION IN YOUR CONSUMER REPORT WITHOUT YOUR EXPRESS AUTHORIZATION OR APPROVAL. THE SECURITY FREEZE IS DESIGNED TO PREVENT CREDIT LOANS AND SERVICES FROM BEING APPROVED IN YOUR NAME WITHOUT YOUR CONSENT. WHEN YOU PLACE A SECURITY FREEZE ON YOUR CONSUMER REPORT, WITHIN TEN (10) BUSINESS DAYS YOU WILL BE PROVIDED A PERSONAL IDENTIFICATION NUMBER TO USE IF YOU CHOOSE TO REMOVE THE SECURITY FREEZE OR TO TEMPORARILY AUTHORIZE THE RELEASE OF YOUR CONSUMER REPORT FOR A PERIOD OF TIME OR TO A SPECIFIC PERSON AFTER THE SECURITY FREEZE IS IN PLACE. A SECURITY FREEZE DOES NOT APPLY TO PERSONS OR ENTITIES LISTED IN IC 24-5-24-11. IF YOU ARE ACTIVELY SEEKING CREDIT, YOU SHOULD UNDERSTAND THAT THE PROCEDURES INVOLVED IN LIFTING A SECURITY FREEZE MAY SLOW YOUR OWN APPLICATIONS FOR CREDIT. YOU HAVE A RIGHT TO BRING A CIVIL ACTION AGAINST SOMEONE WHO VIOLATES YOUR RIGHTS UNDER IC 24-5-24.".
As added by P.L.104-2007, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24. Security Freezes for Consumer Reports › 24-5-24-14. Fee Prohibited

Sec. 14. A consumer reporting agency may not impose a charge on a consumer for a request from the consumer to do any of the following:
(1) Place a security freeze on a consumer's consumer report under section 5 of this chapter.
(2) Issue the same or a new personal identification number or password to a consumer under section 6 of this chapter.
(3) Release a consumer's consumer report to a third party upon request of the consumer under section 7(a)(1) of this chapter. In addition a consumer reporting agency may not impose a charge on the third party to whom the consumer's consumer report is released under section 7(a)(1) of this chapter in connection with the release.
(4) Temporarily lift a security freeze under section 7(a)(2) of this chapter.
(5) Remove a security freeze under section 9 of this chapter.
As added by P.L.104-2007, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24. Security Freezes for Consumer Reports › 24-5-24-15. Civil Action; Liability

Sec. 15. (a) A consumer who suffers injury by an act of a consumer reporting agency that violates this chapter may bring a civil action against the consumer reporting agency in a circuit or superior court in the county in which the consumer resides.
(b) A person who knowingly or intentionally fails to comply with any requirement imposed under this chapter with respect to a consumer is liable to that consumer in an amount equal to the sum of the following:
(1) The greater of:
(A) the amount of actual damages sustained by the consumer as a result of the failure to comply; or
(B) five hundred dollars ($500).
However, the amount awarded to a consumer under this subdivision may not exceed six thousand dollars ($6,000), regardless of the consumer's actual damages.
(2) Such punitive damages as the court may allow.
(3) In the case of a successful action by a consumer under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
As added by P.L.104-2007, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24. Security Freezes for Consumer Reports › 24-5-24-16. Civil Penalty

Sec. 16. (a) The attorney general may bring an action to recover from a person on behalf of the state a civil penalty described in subsection (b).
(b) A person who knowingly or intentionally violates this chapter is subject to a civil penalty of:
(1) not more than two thousand five hundred dollars ($2,500) for a violation or series of violations concerning one (1) consumer; or
(2) not more than a total of one hundred thousand dollars ($100,000) for related violations concerning more than one (1) consumer.
As added by P.L.104-2007, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-2. "Consumer Report"

Sec. 2. As used in this chapter, "consumer report" has the meaning set forth in IC 24-5-24-2.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-3. "Consumer Reporting Agency"

Sec. 3. As used in this chapter, "consumer reporting agency" has the meaning set forth in IC 24-5-24-3.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-4. "Protected Consumer"

Sec. 4. As used in this chapter, "protected consumer" means an individual who is:
(1) less than sixteen (16) years of age; or
(2) an incapacitated person (as defined in IC 29-3-1-7.5) for whom a court has appointed a guardian.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-5. "Record"

Sec. 5. As used in this chapter, "record" means a compilation of information that:
(1) identifies a protected consumer;
(2) is created by a consumer reporting agency solely for the purpose of complying with this chapter; and
(3) is not created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-6. "Representative"

Sec. 6. As used in this chapter, "representative" means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-7. "Security Freeze"

Sec. 7. As used in this chapter, "security freeze" means:
(1) if a consumer reporting agency does not have a consumer report pertaining to a protected consumer, a restriction that:
(A) is placed on the protected consumer's record in accordance with this chapter; and
(B) prohibits the consumer reporting agency from releasing the protected consumer's record except as provided under this chapter; or
(2) if a consumer reporting agency has a consumer report for the protected consumer, a restriction that:
(A) is placed on the protected consumer's consumer report in accordance with this chapter; and
(B) prohibits the consumer reporting agency from releasing the protected consumer's consumer report or any information derived from the protected consumer's consumer report except as provided in this chapter.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-8. "Sufficient Proof of Authority"

Sec. 8. As used in this chapter, "sufficient proof of authority" means documentation that shows a representative has authority to act on behalf of a protected consumer and includes:
(1) an order issued by a court of law;
(2) a lawfully executed and valid power of attorney; or
(3) a written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-9. "Sufficient Proof of Identification"

Sec. 9. As used in this chapter, "sufficient proof of identification" means information or documentation that identifies a protected consumer or a representative of a protective consumer and includes:
(1) a Social Security number or a copy of a Social Security card issued by the Social Security Administration;
(2) a certified or official copy of a birth certificate issued by an entity authorized to issue the birth certificate; or
(3) a copy of a valid state issued driver's license, a valid state issued identification card, or any valid government issued identification.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-10. Exceptions to Application

Sec. 10. This chapter does not apply to the use of a protected consumer's consumer report or record by:
(1) a person administering a credit file monitoring subscription service to which:
(A) the protected consumer has subscribed; or
(B) the representative of the protected consumer has subscribed on behalf of the protected consumer;
(2) a person providing the protected consumer or the protected consumer's representative with a copy of the protected consumer's consumer report on request of the protected consumer or the protected consumer's representative;
(3) a check services or fraud prevention services company that issues:
(A) reports on incidents of fraud; or
(B) authorizations for the purpose of approving, or processing negotiable instruments, electronic funds transfers, or similar payment methods;
(4) a deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution;
(5) an insurance company for the purpose of conducting its ordinary business;
(6) a consumer reporting agency that:
(A) acts only to resell credit information by assembling and merging information contained in a data base of another consumer reporting agency or multiple consumer reporting agencies; and
(B) does not maintain a permanent data base of credit information from which new credit reports are produced; or
(7) a consumer reporting agency's database or file that consists of the following information concerning, and used for, one (1) or more of the following, but not for credit granting purposes:
(A) Criminal record information.
(B) Fraud protection or detection.
(C) Personal loss history information.
(D) Employment, tenant, or individual background screening.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-11. Requirement to Place Security Freeze; Conditions; Creating Record

Sec. 11. (a) A consumer reporting agency shall place a security freeze on a protected consumer's consumer report if:
(1) the consumer reporting agency receives a request from the protected consumer's representative for the placement of the security freeze under this section; and
(2) the protected consumer's representative:
(A) submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency;
(B) provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative; and
(C) provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer; and
(3) the protected consumer's representative pays to the consumer reporting agency a fee as provided in section 17 of this chapter.
(b) If a consumer reporting agency does not have a consumer report pertaining to a protected consumer when the consumer reporting agency receives a request under subsection (a), the consumer reporting agency shall create a record for the protected consumer.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-12. Placing Security Freeze

Sec. 12. Not later than thirty (30) days after receiving a request that meets the requirements of section 11(a) of this chapter, a consumer reporting agency shall place a security freeze for the protected consumer.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-13. Prohibited From Releasing Consumer Report or Record

Sec. 13. Unless a security freeze for a protected consumer is removed in accordance with section 16 of this chapter, a consumer reporting agency may not release:
(1) the protected consumer's consumer report;
(2) any information derived from the protected consumer's consumer report; or
(3) any record created for the protected consumer under section 11(b) of this chapter.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-14. Security Freeze in Effect Until Removed

Sec. 14. A security freeze for a protected consumer must remain in effect until:
(1) the protected consumer or the protected consumer's representative requests that the consumer reporting agency remove the security freeze under section 15 of this chapter; or
(2) the security freeze is removed in accordance with section 16 of this chapter.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-15. Requirements to Remove Security Freeze

Sec. 15. If a protected consumer or a protected consumer's representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer's representative shall:
(1) submit a request for the removal of the security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency;
(2) provide to the consumer reporting agency:
(A) in the case of a request by a protected consumer:
(i) proof that the sufficient proof of authority for the protected consumer's representative to act on behalf of the protected consumer is no longer valid; and
(ii) sufficient proof of identification of the protected consumer; or
(B) in the case of a request by the representative of a protected consumer:
(i) sufficient proof of identification of the protected consumer and the representative; and
(ii) sufficient proof of authority to act on behalf of the protected consumer; and
(3) pay to the consumer reporting agency a fee as provided in section 17 of this chapter.
As added by P.L.65-2014, SEC.9. Amended by P.L.5-2015, SEC.54.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-16. Removing Security Freeze

Sec. 16. Not later than thirty (30) days after receiving a request that meets the requirements of section 15 of this chapter, the consumer reporting agency shall remove the security freeze for the protected consumer.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-17. Fees

Sec. 17. (a) Except as provided in subsection (b), a consumer reporting agency may not impose a fee for any service described in this chapter.
(b) A consumer reporting agency may charge a reasonable fee, not exceeding five dollars ($5), for each placement or removal of a security freeze under this chapter.
(c) A consumer reporting agency may not charge a fee under this chapter if:
(1) the protected consumer's representative:
(A) has obtained a police report or affidavit of alleged identity fraud against the protected consumer; and
(B) provides a copy of the report or affidavit to the consumer reporting agency; or
(2) a request for the placement or removal of a security freeze is for a protected consumer who is less than sixteen (16) years of age at the time of the request and the consumer reporting agency has a consumer report concerning the protected consumer.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24.5. Security Freezes for Protected Consumers › 24-5-24.5-18. Material Misrepresentation of Fact; Removing Security Freeze or Deleting Record

Sec. 18. A consumer reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative.
As added by P.L.65-2014, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 25. Truth in Music Advertising › 24-5-25-1. "Performing Group"

Sec. 1. As used in this chapter, "performing group" means a vocal or an instrumental group seeking to use the name of another group that has previously released a commercial sound recording under the name of the other group.
As added by P.L.56-2008, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 25. Truth in Music Advertising › 24-5-25-2. "Recording Group"

Sec. 2. As used in this chapter, "recording group" means a vocal or an instrumental group, at least one (1) of whose members has released a commercial sound recording under the group's name, and in which the member or members:
(1) have a legal right by virtue of use or operation under the group's name;
(2) have not abandoned the name; and
(3) have not abandoned affiliation with the group.
As added by P.L.56-2008, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 25. Truth in Music Advertising › 24-5-25-3. "Sound Recording"

Sec. 3. As used in this chapter, "sound recording" means a work that results from the placement on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a compact disc, cassette, tape, or phonograph record, in which the sounds are placed.
As added by P.L.56-2008, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 25. Truth in Music Advertising › 24-5-25-4. Prohibited Conduct; Exceptions

Sec. 4. (a) Except as provided in subsection (b), a person, other than a media source that carries advertising or a press release for the performance or production, may not advertise or conduct a live musical performance or production in Indiana through actions that falsely, deceptively, or misleadingly imply the existence of an affiliation, a connection, or an association between a performing group and a recording group.
(b) This section does not apply if:
(1) the performing group is the authorized registrant and owner of a federal service mark for the recording group with the same name registered in the United States Patent and Trademark Office;
(2) at least one (1) member of the performing group was a member of the recording group and:
(A) has a legal right by virtue of use or operation under the group name;
(B) has not abandoned the name; and
(C) has not abandoned affiliation with the group;
(3) the live musical performance or production is identified in all advertising and promotion as a salute or tribute;
(4) the advertising does not relate to a live musical performance or production taking place in Indiana; or
(5) the performance or production is expressly authorized by the recording group.
As added by P.L.56-2008, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 25. Truth in Music Advertising › 24-5-25-5. Action to Enjoin

Sec. 5. The attorney general or any aggrieved person may bring an action to enjoin a person from violating section 4 of this chapter. If an injunction is issued, the court may order the defendant to restore to any person in interest any money or property that was acquired by means of a violation of this chapter.
As added by P.L.56-2008, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 25. Truth in Music Advertising › 24-5-25-6. Penalties

Sec. 6. A person who violates section 4 of this chapter commits a Class A infraction. Each performance or production in violation of section 4 of this chapter constitutes a separate violation.
As added by P.L.56-2008, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26. Identity Theft › 24-5-26-1. "Identity Theft"

Sec. 1. As used in this chapter, "identity theft" means:
(1) identity deception (IC 35-43-5-3.5); or
(2) synthetic identity deception (IC 35-43-5-3.8) (before its repeal).
As added by P.L.137-2009, SEC.8. Amended by P.L.142-2020, SEC.24; P.L.174-2021, SEC.22.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26. Identity Theft › 24-5-26-3. Violation; Remedies

Sec. 3. A person who knowingly or intentionally violates this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and is subject to the penalties and remedies available to the attorney general under IC 24-5-0.5. This section does not affect the availability of any civil remedy for a violation of this chapter, IC 24-5-0.5, or any other state or federal law.
As added by P.L.137-2009, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-1. "Commercial Communication"

Sec. 1. As used in this chapter, "commercial communication" means any written or oral statement, illustration, or depiction, whether in English or another language, that is designed to create interest in procuring legal services, whether it appears on or in a label, package, package insert, radio, television, brochure, newspaper, magazine, pamphlet, leaflet, circular, mailer, book insert, free standing insert, letter, catalog, poster, chart, billboard, public transit card, point of purchase display, film slide, audio program transmitted over a telephone system, telemarketing script, on-hold script, upsell script, training materials provided to a telemarketing firm, program length commercial, the Internet, cellular network, or any other medium, as well as promotional materials, items, and Internet web sites.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-3. "Lead Generation"

Sec. 3. As used in this chapter, "lead generation" refers to the use of commercial communication to initiate consumer interest or inquiry into legal services provided in Indiana or another jurisdiction to redress an alleged injury from a medical device or legend drug.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-5. "Manufacturer"

Sec. 5. As used in this chapter, "manufacturer" means either of the following:
(1) A person that is engaged in a business to produce, create, make, or construct any product or component of a product, and that:
(A) designs, manufactures, or formulates; or
(B) engages another person to design, manufacture, or formulate;
a medical device or component or part of a medical device.
(2) A person that, by compounding, cultivating, harvesting, or mixing, or by another process produces or prepares legend drugs. The term includes a person that:
(A) prepares legend drugs in dosage forms by mixing, compounding, encapsulating, or entableting, or by another process; or
(B) packages or repackages legend drugs.
The term does not include a pharmacist or a practitioner (as defined in IC 16-42-19-5).
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-6. "Medical Device"

Sec. 6. As used in this chapter, "medical device" refers to an instrument, an apparatus, an implement, a machine, a contrivance, an implant, an in vitro reagent, or another similar or related article, including a component part or accessory:
(1) that is recognized in the official National Formulary or the United States Pharmacopoeia, or any supplement to them;
(2) that is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in a human being or an animal; or
(3) that:
(A) is intended to affect the structure or any function of the body of a human being or an animal;
(B) does not achieve its primary intended purpose through chemical action within or on the body of a human being or an animal; and
(C) is not dependent upon being metabolized for the achievement of its primary intended purpose.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-7. "Seller"

Sec. 7. As used in this chapter, "seller" means a person that, in the course of business conducted for that purpose, does either of the following:
(1) Sells, distributes, rents, leases, prepares, blends, packages, labels, or otherwise is involved in placing a medical device or legend drug into the stream of commerce.
(2) Installs, repairs, refurbishes, reconditions, or maintains a medical device.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-8. "Sponsor"

Sec. 8. As used in this chapter, "sponsor" means a person on whose behalf a commercial communication is conducted to promote or advertise legal services.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-9. Deceptive Act

Sec. 9. (a) It is a deceptive act for a person to engage in lead generation that is false, deceptive, or misleading.
(b) Deceptive acts under this chapter may include lead generation that contains the following:
(1) Advertisements or other commercial communications that cause, or are likely to cause, consumers to:
(A) fail to use or to discontinue the consumers' medications; or
(B) remove a medical device;
without appropriate medical advice from a person who is independent from the lead generator and any person to whom the consumer would be referred.
(2) Advertisements or other commercial communications that open with sensationalized warnings or alerts that may mislead consumers to believe the consumers are watching a government sanctioned medical alert, health alert, consumer alert, or public service announcement.
(3) Advertisements or other commercial communications that:
(A) misrepresent the risks or benefits associated with a medical device or legend drug that is the subject of the lead generation advertisement or other commercial communication;
(B) leave consumers with the false impression that the risks of the medical device or legend drug exceed the benefits; or
(C) leave consumers with the false impression that the United States Food and Drug Administration has recalled a medical device or legend drug that is the subject of the advertisement or other commercial communication.
(c) A claim misrepresents a fact or is false if the claim is not substantiated by:
(1) competent and reliable scientific or medical evidence; or
(2) a final adjudication on the merits, including appeals.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-10. Required Disclosures

Sec. 10. It is a deceptive act for a person engaged in lead generation to fail to make the following written and oral disclosures to a consumer who responds to an advertisement or other commercial communication subject to this chapter:
(1) Disclosures:
(A) that a case will be referred to another attorney or law firm to represent a consumer responding to the advertisement or other commercial communication;
(B) that identify the attorney or law firm that will represent a consumer responding to the advertisement or other commercial communication, if known; and
(C) that identify the sponsor of the advertisement or other commercial communication.
(2) Any other disclosure required under the rules adopted by the attorney general under section 13 of this chapter that the attorney general determines is necessary to permit a consumer to make an informed consent to a referral.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-11. Appropriate Course of Action Materially Limited

Sec. 11. Regardless of whether a client consumer enters into an agreement, it is a deceptive act for a person engaged in lead generation to engage in other conduct that creates a significant risk that a lawyer's ability to consider, recommend, or carry out an appropriate course of action for a client consumer will be materially limited.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-12. Lawyer Referral Service

Sec. 12. The provisions set forth in this chapter also apply to deceptive acts by a lawyer referral service that receives any benefit or consideration for the direct or indirect referral of prospective clients to lawyers or law firms.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-13. Rules; Emergency Rules

Sec. 13. The attorney general may adopt rules under IC 4-22-2, including emergency rules in the manner provided under IC 4-22-2-37.1, to carry out this chapter. An emergency rule adopted by the attorney general under this section expires on the earlier of the following dates:
(1) The expiration date in the emergency rule.
(2) The date the emergency rule is amended or repealed by a later rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under IC 4-22-2-37.1.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-14. Cause of Action; Remedy

Sec. 14. (a) A manufacturer or seller of medical devices or legend drugs or a consumer may bring an action against any combination of persons that authorize, finance, sponsor, participate in, or otherwise benefit from a deceptive act under this chapter. In the action the court may do any combination of the following:
(1) Issue an injunction.
(2) Order the person engaged in lead generation to reimburse money unlawfully received by any person from the aggrieved consumers to be held in escrow for distribution to aggrieved consumers, void or limit the application of contracts or clauses resulting from deceptive acts, and order other restitution as the court determines appropriate.
(b) A manufacturer, seller, or consumer that commences an action under this section shall serve the attorney general with a copy of the complaint. The attorney general may join an action under this section commenced by the manufacturer, seller, or consumer.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-15. Court Costs; Litigation Fees

Sec. 15. A court with jurisdiction over an action under section 14 of this chapter may order the violator to pay court costs and reasonable litigation fees incurred.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-16. Statute of Limitations

Sec. 16. An action brought under this chapter for a deceptive act may not be brought more than two (2) years after the occurrence of the deceptive act.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 26.5. Deceptive Lead Generation › 24-5-26.5-17. Exceptions

Sec. 17. (a) Nothing in this chapter limits or otherwise affects the authority of the supreme court to regulate the practice of law, establish and enforce rules of professional conduct for attorneys, law firms, and legal referral services, or discipline individuals admitted to the practice of law in Indiana.
(b) This chapter does not apply to attorneys licensed to practice law in the state of Indiana.
(c) Subsection (b) does not prohibit an injunction against a deceptive act.
As added by P.L.176-2021, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-1. Applicability

Sec. 1. (a) Except as provided in subsections (b) and (c), sections 19 through 25 of this chapter apply to the following:
(1) An inmate calling services call that is initiated after June 30, 2022.
(2) A contract described in section 26 of this chapter that is entered into or renewed after June 30, 2022, for the provision of inmate calling services at a correctional facility.
(b) Sections 19 through 25 of this chapter do not apply to an inmate calling services call that is:
(1) initiated after June 30, 2022; and
(2) made in connection with a contract described in section 26 of this chapter that is:
(A) entered into or renewed before July 1, 2022; and
(B) in effect at the time the inmate calling services call is initiated.
(c) Sections 19 through 25 of this chapter do not apply with respect to a contract described in section 26 of this chapter that is:
(1) entered into or renewed before July 1, 2022; and
(2) for the provision of inmate calling services at a correctional facility.
The exemption from sections 19 through 25 of this chapter provided by this subsection terminates when the contract or the renewal of the contract either expires by its terms or is terminated by any party to the contract.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-2. "Ancillary Service Charge"

Sec. 2. As used in this chapter, "ancillary service charge" means any charge that:
(1) consumers may be assessed for, or in connection with, the intrastate use of inmate calling services (including any intrastate inmate calling services call that includes jurisdictionally mixed charges); and
(2) is not included in the per minute charges assessed for individual calls.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-3. "Authorized Fee"

Sec. 3. As used in this chapter, "authorized fee" means a government authorized, but discretionary, fee:
(1) that a provider must remit to a federal, state, or local government; and
(2) with respect to which a provider is permitted, but not required, to pass through to consumers;
for, or in connection with, intrastate inmate calling services.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-4. "Collect Calling"

Sec. 4. As used in this chapter, "collect calling" means an arrangement in which the called party takes affirmative action clearly indicating that the party will pay the charges associated with a call originating from an inmate telephone.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-5. "Consumer"

Sec. 5. (a) As used in this chapter, "consumer" means an individual who pays, or is responsible for paying, a provider for intrastate inmate calling services.
(b) The term includes an inmate who pays, or is responsible for paying, a provider for intrastate inmate calling services.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-6. "Correctional Facility"

Sec. 6. As used in this chapter, "correctional facility" means:
(1) a state penal institution;
(2) a county jail; or
(3) a secure juvenile facility;
in Indiana.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-7. "Debit Calling"

Sec. 7. As used in this chapter, "debit calling" means a presubscription or comparable service that allows an inmate, or someone acting on an inmate's behalf, to fund an account that:
(1) is set up through a provider; and
(2) can be used to pay for inmate calling services calls originated by the inmate.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-8. "Flat Rate Calling"

Sec. 8. As used in this chapter, "flat rate calling" means a calling plan under which a provider charges a single fee for an inmate calling services call, regardless of the duration of the call.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-9. "Inmate"

Sec. 9. As used in this chapter, "inmate" means an individual detained at a correctional facility, regardless of the duration of the detention.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-10. "Inmate Calling Service"

Sec. 10. As used in this chapter, "inmate calling service" means a service that allows inmates to make calls to individuals outside the correctional facility where the inmate is being held, regardless of the technology used to deliver the service.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-11. "Inmate Telephone"

Sec. 11. As used in this chapter, "inmate telephone" means a telephone instrument, or other device capable of initiating calls, set aside by authorities of a correctional facility for use by inmates.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-13. "Jurisdictionally Mixed Charge"

Sec. 13. As used in this chapter, "jurisdictionally mixed charge" means any charge that:
(1) consumers may be assessed for use of inmate calling services;
(2) is not included in the per minute charges assessed for individual calls; and
(3) is assessed for, or in connection with, the use of inmate calling services to make calls that have:
(A) interstate or international components; and
(B) intrastate components;
that are not able to be segregated at the time the charge is incurred.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-14. "Mandatory Tax or Fee"

Sec. 14. As used in this chapter, "mandatory tax or fee" means a tax or fee that a provider is required to:
(1) collect directly from consumers; and
(2) remit to federal, state, or local governments;
for, or in connection with, intrastate inmate calling services.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-15. "Per Call or per Connection Charge"

Sec. 15. As used in this chapter, "per call or per connection charge" means a one (1) time fee charged to a consumer at call initiation.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-16. "Prepaid Calling"

Sec. 16. As used in this chapter, "prepaid calling" means a presubscription or comparable service in which:
(1) a consumer, other than an inmate, funds an account set up through a provider; and
(2) funds from the account can then be used to pay for inmate calling services, including calls that originate with an inmate.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-17. "Prepaid Collect Calling"

Sec. 17. As used in this chapter, "prepaid collect calling" means a calling arrangement that:
(1) allows an inmate to initiate an inmate calling services call without having a preestablished billing arrangement; and
(2) provides a means, within that call, for the called party to establish an arrangement with a provider for the party to be billed directly by the provider for future calls from the same inmate.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-18. "Provider of Inmate Calling Services"

Sec. 18. As used in this chapter, "provider of inmate calling services", or "provider", means any communications service provider that provides inmate calling services, regardless of the technology used to provide the services.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-19. Intrastate Inmate Calling Services Rate Cap

Sec. 19. (a) As used in this section, "site commission" means any form of monetary payment, in kind payment, gift, exchange of services or goods, fee, technology allowance, or product that a provider of inmate calling services pays, gives, donates, or otherwise provides to:
(1) an entity that operates a correctional facility;
(2) an entity with which the provider of inmate calling services enters into an agreement to provide inmate calling services;
(3) a governmental agency that oversees a correctional facility;
(4) the city, county, or state in which a correctional facility is located; or
(5) an agent of a correctional facility.
(b) Subject to subsections (c) and (d), the rate for intrastate:
(1) collect calling;
(2) debit calling;
(3) prepaid calling; or
(4) prepaid collect calling;
in connection with inmate calling services may not exceed the rate cap for the comparable interstate service in connection with inmate calling services, as set by the Federal Communications Commission and in effect at the time the call is initiated, including any interim rate cap that is set by the Federal Communications Commission and in effect at the time the call is initiated.
(c) An intrastate rate cap under subsection (b) is subject to any distinctions in the comparable interstate rate cap set by the Federal Communications Commission that are based on:
(1) the type or size of the correctional facility from which the inmate calling services call is placed, including:
(A) whether the correctional facility is a jail or a prison, as those terms may be defined by the Federal Communications Commission at the time the call is initiated; and
(B) the average daily population of the correctional facility, as that term may be defined by the Federal Communications Commission at the time the call is initiated; and
(2) whether any site commission is sought to be recovered through the intrastate rate for a service, including any distinctions in the facility-related rate component, as that term may be defined by the Federal Communications Commission at the time the call is initiated, that are based on whether the site commission is legally mandated or contractually prescribed.
(d) A provider that has been granted a waiver by the Federal Communications Commission from the interstate rate caps for the inmate calling services described in subsection (b) with respect to a particular:
(1) correctional facility; or
(2) contract for the provision of inmate calling services;
is not subject to the intrastate rate caps under subsection (b) for the comparable intrastate services provided to the same correctional facility or under the same contract. The exemption from the intrastate rate caps provided under this subsection runs concurrently with the term of the exemption from the corresponding interstate rate caps, as determined by the Federal Communications Commission.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-21. Provider Interference With Intrastate Inmate Calling Services

Sec. 21. (a) Except as provided in subsection (b), a provider shall not:
(1) prohibit or prevent completion of an intrastate collect calling call made in connection with an inmate calling service; or
(2) decline to establish or otherwise degrade intrastate collect calling made in connection with inmate calling services;
solely for the reason that the provider lacks a billing relationship with the called party's communications service provider.
(b) The prohibitions set forth in subsection (a) do not apply if a provider offers debit calling, prepaid calling, or prepaid collect calling for intrastate inmate calling services calls.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-22. Taxes and Fees for Intrastate Inmate Calling Services

Sec. 22. (a) A provider may not charge any taxes or fees to users of inmate calling services for, or in connection with, intrastate calls, except for the following:
(1) Authorized fees.
(2) Mandatory taxes and fees.
(b) Any:
(1) authorized fee; or
(2) mandatory tax or fee;
passed through to consumers for, or in connection with, intrastate inmate calling services may not include a markup, unless the markup is specifically authorized by a federal, state, or local statute, rule, or regulation.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-23. Per Call or per Connection Charge for Intrastate Inmate Calling Services Prohibited

Sec. 23. A provider may not impose a per call or per connection charge on a consumer for any intrastate inmate calling services call.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-24. Flat Rate for Intrastate Inmate Calling Services Prohibited

Sec. 24. A provider may not offer flat rate calling for intrastate inmate calling services.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-25. Debit and Prepaid Intrastate Inmate Calling Services

Sec. 25. (a) A provider may not institute a minimum balance requirement for a consumer to use:
(1) debit calling; or
(2) prepaid calling;
for intrastate inmate calling services calls.
(b) A provider may not prohibit a consumer from depositing at least fifty dollars ($50) per transaction to fund a:
(1) debit calling; or
(2) prepaid calling;
account that can be used for intrastate inmate calling services calls.
As added by P.L.34-2022, SEC.8.