reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 20. Assistive Device Warranties › 24-5-20-9. Reasonable Attempt to Repair

Sec. 9. For purposes of this chapter, a "reasonable attempt to repair" has occurred if, within one (1) year after the date of first delivery of the assistive device, either of the following applies:
(1) The same nonconformity has been subject to repair two (2) or more times by the manufacturer, assistive device lessor, or any assistive device dealer authorized by the manufacturer to repair the assistive device, and the nonconformity continues to exist and interfere with the assistive device's operation.
(2) The assistive device is out of service because of nonconformities, with no fungible loaner available, for a cumulative total of at least thirty (30) business days (not including any necessary time in shipment), due to repair by the manufacturer, assistive device lessor, or any assistive device dealer authorized by the manufacturer to repair the assistive device. For purposes of this subdivision a loaner hearing aid is considered fungible with the consumer's hearing aid if the loaner hearing aid improves the consumer's hearing. This subdivision does not apply if the repairs could not be performed because of conditions beyond the control of the manufacturer, its agents, or authorized dealers, including war, invasion, strike, fire, flood, or other natural disasters.
As added by P.L.85-1999, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 20. Assistive Device Warranties › 24-5-20-10. Implied Warranties Regarding Nonconformity

Sec. 10. Notwithstanding any other law, in addition to any express warranty furnished by the manufacturer of an assistive device, the manufacturer is also considered to have warranted both of the following for a period of one (1) year from the date of first delivery to the consumer purchasing or leasing the assistive device in Indiana:
(1) That the assistive device, when used as intended, will be free from any nonconformity.
(2) That any nonconformity will be repaired (including parts and labor) by the manufacturer or its agent, without charge to the consumer.
As added by P.L.85-1999, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 20. Assistive Device Warranties › 24-5-20-11. Return of Nonconforming Assistive Device

Sec. 11. If, after reasonable attempt to repair, a nonconformity is not repaired, the consumer must return the assistive device to the dealer and the manufacturer shall do either of the following:
(1) Do both of the following:
(A) Accept return of the nonconforming assistive device.
(B) Not later than fourteen (14) days after return of the assistive device, refund to the consumer or consumers:
(i) the full purchase price of the assistive device, excluding the cost of services associated with the device's initial purchase, together with reasonable collateral costs, less a reasonable allowance for use; or
(ii) if the device was leased, all lease payments made through the date of return together with a proportional share of any required deposit.
A refund of the amounts described in this clause to a consumer or consumers shall be made to the extent of each consumer's bearing the initial purchase or lease cost and bearing of any collateral costs.
(2) Accept return of the nonconforming assistive device and replace the nonconforming assistive device with one (1) of comparable market value, function, and usefulness as appropriate to the consumer within thirty (30) business days of the return, not including, in the case of a hearing aid, scheduling time for professional fitting and dispensing.
As added by P.L.85-1999, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 20. Assistive Device Warranties › 24-5-20-12. Resale of Nonconforming Assistive Devices Prohibited

Sec. 12. An assistive device returned due to a nonconformity under this chapter by a consumer or an assistive device lessor in Indiana or any other state may not be sold or leased again in Indiana unless full disclosure of the reason for the return is made to any prospective buyer or lessee.
As added by P.L.85-1999, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 20. Assistive Device Warranties › 24-5-20-13. Remedies

Sec. 13. (a) The remedies afforded by this chapter are:
(1) cumulative;
(2) not exclusive; and
(3) in addition to any other legal or equitable remedies available to the consumer.
(b) In addition to any other remedies available, a consumer who suffers loss as a result of any violation of this chapter may:
(1) bring an action to recover damages; or
(2) submit the matter to arbitration under IC 34-57-2.
As added by P.L.85-1999, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 20. Assistive Device Warranties › 24-5-20-14. Limitation of Warranties and Waiver of Rights Prohibited

Sec. 14. (a) A manufacturer's exclusion or limitation of the warranties or consumer remedies provided by this chapter is void.
(b) A purported waiver of rights to legal action or arbitration by a consumer within an assistive device purchase agreement is void.
As added by P.L.85-1999, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 21. Prescription Drug Discount Cards › 24-5-21-1. Applicability

Sec. 1. This chapter does not apply to the following:
(1) Eye or vision care services, glasses, or contact lenses provided by an optometrist or ophthalmologist.
(2) A card, device, or other purchasing mechanism that is not insurance but that is administered in conjunction with a health or medical benefit by an insurance company, a nonprofit health service plan corporation, or a health maintenance organization.
(3) A benefit administered by or under contract with the state of Indiana.
(4) A customer discount or membership card issued by a store or buying club for use at that store or buying club.
As added by P.L.230-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 21. Prescription Drug Discount Cards › 24-5-21-3. Prohibitions Against Sale or Distribution of Card

Sec. 3. A person may not sell, market, promote, advertise, or distribute a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases in the following situations:
(1) The card, device, or other purchasing mechanism does not expressly state in bold and prominent type, which is prominently placed, that the discounts are not insurance.
(2) The discounts are not specifically authorized by an individual and separate contract with each pharmacy listed with the card, device, or other purchasing mechanism.
(3) The discounts or access to discounts offered, or the range of discounts or access to the range of discounts offered are deceptive or misleading.
As added by P.L.230-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 21. Prescription Drug Discount Cards › 24-5-21-4. Indiana Resident Designated as Agent for Service of Process

Sec. 4. A person who is not exempt under section 1 of this chapter and who sells, markets, promotes, advertises, or distributes a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases shall designate a resident in Indiana as an agent for service of process and register the agent with the secretary of state.
As added by P.L.230-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 21. Prescription Drug Discount Cards › 24-5-21-5. Card Voidable for Noncompliance

Sec. 5. A contract entered into to purchase a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases that does not comply with this chapter is voidable by the purchaser.
As added by P.L.230-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 21. Prescription Drug Discount Cards › 24-5-21-6. Legal Action for Violations

Sec. 6. (a) The attorney general, a prosecuting attorney, or an individual may maintain an action to enjoin any act that is in violation of this chapter and for the recovery of damages.
(b) An action brought under this section may be brought in the county where:
(1) the plaintiff resides or conducts business;
(2) the defendant resides or conducts business; or
(3) the card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases was sold, marketed, promoted, advertised, or distributed.
(c) If the court finds that the defendant violated any provision of this chapter, the court shall enjoin the defendant from continuing the acts that are in violation of this chapter.
(d) A plaintiff who prevails in an action under this chapter may recover the following:
(1) A sum equal to one hundred dollars ($100) per card, device, or other purchasing mechanism that is sold or distributed in Indiana by the defendant or ten thousand dollars ($10,000), whichever is greater.
(2) Three (3) times the amount of actual damages, if any.
(3) Reasonable attorney's fees.
(4) Court costs.
(5) Any other relief that the court considers proper.
As added by P.L.230-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 21. Prescription Drug Discount Cards › 24-5-21-7. Provisions Not Exclusive

Sec. 7. (a) The provisions of this chapter are not exclusive and do not relieve a person from compliance with other applicable provisions of law.
(b) The penalties in this chapter are cumulative and in addition to any other applicable penalties.
(c) A person that violates this chapter is subject to the penalties set forth in IC 24-5-0.5.
(d) All actions brought under this chapter must be brought within two (2) years after the date on which the violation of this chapter occurred.
As added by P.L.230-2001, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 22. Deceptive Commercial Electronic Mail › 24-5-22-1. "Assist the Transmission"

Sec. 1. As used in this chapter, "assist the transmission" means to provide substantial assistance or support that enables a person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is engaged or intends to engage in a practice that violates this chapter.
As added by P.L.36-2003, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 22. Deceptive Commercial Electronic Mail › 24-5-22-2. "Commercial Electronic Mail Message"

Sec. 2. (a) As used in this chapter, "commercial electronic mail message" refers to an electronic mail message sent to promote the sale or lease of real property, goods, or services.
(b) The term does not include an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, if the sender has agreed to such an arrangement.
As added by P.L.36-2003, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 22. Deceptive Commercial Electronic Mail › 24-5-22-3. "Electronic Mail Address"

Sec. 3. As used in this chapter, "electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
As added by P.L.36-2003, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 22. Deceptive Commercial Electronic Mail › 24-5-22-4. "Initiate the Transmission"

Sec. 4. (a) As used in this chapter, "initiate the transmission" refers to the action by the original sender of an electronic mail message.
(b) The term does not include an action by any intervening interactive computer service that handles or retransmits the message.
As added by P.L.36-2003, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 22. Deceptive Commercial Electronic Mail › 24-5-22-5. "Interactive Computer Service"

Sec. 5. (a) As used in this chapter, "interactive computer service" means an information service, a system, or an access software provider that provides or enables computer access to a computer server by multiple users.
(b) The term includes the following:
(1) A service or system that provides access to the Internet.
(2) A system operated or services offered by a library, a school, a state educational institution, or a private postsecondary educational institution.
As added by P.L.36-2003, SEC.1. Amended by P.L.2-2007, SEC.317.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 22. Deceptive Commercial Electronic Mail › 24-5-22-6. "Internet Domain Name"

Sec. 6. As used in this chapter, "Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right most string specifying the top of the hierarchy.
As added by P.L.36-2003, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 22. Deceptive Commercial Electronic Mail › 24-5-22-7. Indiana Recipient of Commercial Electronic Mail Message; Transmission of Commercial Electronic Mail Message; Application

Sec. 7. (a) For purposes of this section, a person knows that the intended recipient of a commercial electronic mail message is an Indiana resident if that information is available, upon request, from the registrant of the Internet domain name contained in the recipient's electronic mail address.
(b) Subsection (c) applies only to a commercial electronic mail message that:
(1) uses a third party's Internet domain name without permission of the third party;
(2) otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of the commercial electronic mail message; or
(3) contains false or misleading information in the subject line.
(c) A person may not initiate or assist the transmission of a commercial electronic mail message described in subsection (b):
(1) from a computer located in Indiana; or
(2) to an electronic mail address that the sender:
(A) knows; or
(B) has reason to know;
is held by a resident of Indiana.
As added by P.L.36-2003, SEC.1. Amended by P.L.97-2004, SEC.91.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 22. Deceptive Commercial Electronic Mail › 24-5-22-8. Commercial Electronic Mail; Prohibited Practices

Sec. 8. A person may not do any of the following:
(1) Send unsolicited commercial electronic mail and fail to use "ADV:" as the initial four (4) characters in the subject line of the electronic mail. This subdivision does not apply if any of the following apply:
(A) The sender of the electronic mail has a current business relationship with the recipient of the electronic mail.
(B) The sender of the electronic mail is an organization using the electronic mail to communicate with its members.
(C) The sender of the electronic mail is an organization using the electronic mail to communicate exclusively with the organization's employees or contractors, or both.
(2) Send unsolicited commercial electronic mail and fail to use "ADV:ADLT" as the first eight (8) characters in the subject line of the electronic mail if the unsolicited commercial electronic mail is any of the following:
(A) The unsolicited commercial electronic mail contains a solicitation for the sale or lease of services or tangible or intangible personal or real property that may not be purchased, leased, or possessed by a minor under Indiana law.
(B) The unsolicited commercial electronic mail contains a solicitation for an extension of credit.
(C) The unsolicited commercial electronic mail contains matter that is harmful to minors under Indiana law.
(3) Send unsolicited commercial electronic mail and fail to provide a means for the recipient easily and at no cost to the recipient to remove the recipient's name from the sender's electronic mail address lists.
(4) Send unsolicited commercial electronic mail to a recipient who has asked the sender to remove the recipient's electronic mail address from the sender's electronic mail address lists.
(5) Provide to a third person the electronic mail address of a recipient who has asked the sender to remove the recipient's electronic mail address from the sender's electronic mail address lists. This subdivision applies to a third person who is a part of the sender's business organization. This subdivision does not prohibit providing a recipient's electronic mail address to a third person for the sole purpose of inclusion of the electronic mail address on a do-not-mail list.
As added by P.L.36-2003, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 22. Deceptive Commercial Electronic Mail › 24-5-22-9. Interactive Computer Services; Blocking Transmission of Commercial Electronic Mail; Liability

Sec. 9. (a) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail message that it reasonably believes is or will be sent in violation of this chapter.
(b) An interactive computer service is not liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any commercial electronic mail message that it reasonably believes is or will be sent in violation of this chapter.
As added by P.L.36-2003, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 22. Deceptive Commercial Electronic Mail › 24-5-22-10. Right of Action; Exclusions; Defenses; Remedies; Jurisdiction

Sec. 10. (a) The following have a right of action against a person who initiates or assists the transmission of a commercial electronic mail message that violates this chapter:
(1) A person who receives the commercial electronic mail message.
(2) An interactive computer service that handles or retransmits the commercial electronic mail message.
(b) This chapter does not provide a right of action against:
(1) an interactive computer service; or
(2) a communications service provider (as defined in IC 8-1-2.6-13);
whose equipment is used to transport, handle, or retransmit a commercial electronic mail message that violates this chapter.
(c) It is a defense to an action under this section if the defendant shows by a preponderance of the evidence that the violation of this chapter resulted from a good faith error and occurred notwithstanding the maintenance of procedures reasonably adopted to avoid violations of this chapter.
(d) If the plaintiff prevails in an action filed under this section, the plaintiff is entitled to the following:
(1) An injunction to enjoin future violations of this chapter.
(2) Compensatory damages equal to any actual damage proven by the plaintiff to have resulted from the initiation of the commercial electronic mail message. If the plaintiff does not prove actual damage, the plaintiff is entitled to presumptive damages of five hundred dollars ($500) for each commercial electronic mail message that violates this chapter and that is sent by the defendant:
(A) to the plaintiff; or
(B) through the plaintiff's interactive computer service.
(3) The plaintiff's reasonable attorney's fees and other litigation costs reasonably incurred in connection with the action.
(e) A person outside Indiana who:
(1) initiates or assists the transmission of a commercial electronic mail message that violates this chapter; and
(2) knows or should know that the commercial electronic mail message will be received in Indiana;
submits to the jurisdiction of Indiana courts for purposes of this chapter.
As added by P.L.36-2003, SEC.1. Amended by P.L.132-2012, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23. Marketing by Mortgage Lenders › 24-5-23-1. "Mortgage Lender"

Sec. 1. As used in this chapter, "mortgage lender" means the original lender under a mortgage and the original lender's successors and assigns, including insurance companies, trust companies, banks, investment companies, savings banks, savings associations, credit unions, executors, trustees, and other fiduciaries, or any other mortgagee authorized to do business in this state.
As added by P.L.10-2006, SEC.22 and P.L.57-2006, SEC.22.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23. Marketing by Mortgage Lenders › 24-5-23-2. Marketing Materials and Solicitations; Use of Name of Existing Mortgage Lender Prohibited; Permissible Uses and References; Remedies

Sec. 2. (a) Except as provided in subsection (b), a person, firm, limited liability company, or corporation may not use the name of an existing mortgage lender or a name confusingly similar to that of an existing mortgage lender when marketing to or soliciting business from a customer or prospective customer if the reference to the existing mortgage lender is:
(1) without the consent of the existing mortgage lender; and
(2) made in a manner that could cause a reasonable person to believe that the marketing material or solicitation:
(A) originated from;
(B) is endorsed by; or
(C) is in any other way the responsibility of;
the existing mortgage lender.
(b) This section does not prohibit the use of or reference to the name of an existing mortgage lender in marketing materials or solicitations if the use or reference does not deceive or confuse a reasonable person regarding whether the marketing material or solicitation:
(1) originated from;
(2) is endorsed by; or
(3) is in any other way the responsibility of;
the existing mortgage lender.
(c) A mortgage lender whose name is used in violation of this section may bring an action to recover the greater of:
(1) two (2) times the amount of actual damages incurred by the mortgage lender as a result of the violation; or
(2) one thousand dollars ($1,000) plus attorney's fees.
(d) A mortgage lender that is a bank or a bank holding company is entitled to any relief available under both:
(1) subsection (c); and
(2) IC 28-1-20-4(m);
with respect to the same violation.
As added by P.L.10-2006, SEC.22 and P.L.57-2006, SEC.22.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.5. Real Estate Appraisals › 24-5-23.5-1. "Appraisal"

Sec. 1. (a) As used in this chapter, "appraisal" means an estimation that:
(1) represents the final opinion of the value of real property that is the subject of a real estate transaction; and
(2) serves as the basis for the extension of credit, in the case of a real estate transaction involving the making, refinancing, or consolidation of a mortgage loan.
(b) The term may include any of the following:
(1) The results of an automated valuation model.
(2) A broker's price opinion.
(3) A desktop evaluation.
As added by P.L.52-2009, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.5. Real Estate Appraisals › 24-5-23.5-2. "Appraisal Company"

Sec. 2. As used in this chapter, "appraisal company" means a sole proprietorship, firm, corporation, partnership, limited liability company, limited liability partnership, joint venture, trust, or other business unit or association that:
(1) performs appraisals on a regular basis for compensation through one (1) or more owners, officers, employees, or agents; or
(2) holds itself out to the public as performing appraisals.
As added by P.L.52-2009, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.5. Real Estate Appraisals › 24-5-23.5-3. "Creditor"

Sec. 3. (a) As used in this chapter, "creditor" means a person:
(1) that regularly engages in Indiana in the extension of mortgage loans that are subject to a credit service charge or loan finance charge, as applicable, or are payable by written agreement in more than four (4) installments (not including a down payment); and
(2) to whom the obligation arising from a mortgage loan is initially payable, either on the face of the note or contract, or by agreement if there is not a note or contract.
(b) The term does not include a person described in:
(1) IC 24-9-2-6(a)(2) if the person described in IC 24-9-2-6(a)(2) is not the person extending the credit in the transaction; or
(2) IC 24-9-2-6(b).
As added by P.L.52-2009, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.5. Real Estate Appraisals › 24-5-23.5-3.7. "Land Contract"

Sec. 3.7. As used in this chapter, "land contract" means a contract for the sale of real estate in which the seller of the real estate retains legal title to the real estate until the total contract price is paid by the buyer.
As added by P.L.89-2011, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.5. Real Estate Appraisals › 24-5-23.5-4. "Mortgage Loan"

Sec. 4. (a) As used in this chapter, "mortgage loan" means a loan in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against an interest in real property in Indiana.
(b) The term includes the following:
(1) A home loan subject to IC 24-9.
(2) A loan described in IC 24-9-1-1, to the extent allowed under federal law.
(3) A first lien mortgage transaction (as defined in IC 24-4.4-1-301) subject to IC 24-4.4.
(4) A consumer credit sale subject to IC 24-4.5-2 in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against an interest in real property in Indiana.
(5) A consumer loan subject to IC 24-4.5-3 in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against an interest in real property in Indiana.
(6) A loan in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against land:
(A) that is located in Indiana;
(B) upon which there is a dwelling that is not or will not be used by the borrower primarily for personal, family, or household purposes; and
(C) that is classified as residential for property tax purposes.
The term includes a loan that is secured by land in Indiana upon which there is a dwelling that is purchased by or through the borrower for investment or other business purposes.
(c) The term does not include a land contract.
As added by P.L.52-2009, SEC.2. Amended by P.L.35-2010, SEC.88; P.L.89-2011, SEC.21; P.L.13-2013, SEC.66.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.5. Real Estate Appraisals › 24-5-23.5-5. "Real Estate Appraiser"

Sec. 5. As used in this chapter, "real estate appraiser" means a person who prepares the appraisal for a real estate transaction in Indiana, regardless of whether the person is licensed or certified, or required to be licensed or certified, under the real estate appraiser licensure and certification program established under IC 25-34.1-3-8.
As added by P.L.52-2009, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.5. Real Estate Appraisals › 24-5-23.5-6. "Real Estate Transaction"

Sec. 6. As used in this chapter, "real estate transaction" means a transaction that involves one (1) or both of the following:
(1) The sale or lease of any legal or equitable interest in real estate located in Indiana.
(2) The making, refinancing, or consolidation of a mortgage loan.
As added by P.L.52-2009, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.5. Real Estate Appraisals › 24-5-23.5-7. Prohibition Against Corrupting or Improperly Influencing a Real Estate Appraiser or an Appraisal

Sec. 7. A person shall not corrupt or improperly influence, or attempt to corrupt or improperly influence:
(1) the independent judgment of a real estate appraiser with respect to the value of the real estate that is the subject of a real estate transaction; or
(2) the development, reporting, result, or review of an appraisal prepared in connection with a real estate transaction;
through bribery, coercion, extortion, intimidation, collusion, or any other manner.
As added by P.L.52-2009, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.5. Real Estate Appraisals › 24-5-23.5-9. Violation a Class a Misdemeanor and a Deceptive Act; Action for Injunctive Relief by Attorney General; Civil Penalty; Cumulative Enforcement Procedures

Sec. 9. (a) A person that knowingly or intentionally violates section 7 of this chapter commits:
(1) a Class A misdemeanor; and
(2) an act that is:
(A) actionable by the attorney general under IC 24-5-0.5; and
(B) subject to the penalties listed in IC 24-5-0.5.
(b) The attorney general may maintain an action in the name of the state of Indiana to enjoin a person from violating section 7 of this chapter. A court in which the action is brought may:
(1) issue an injunction;
(2) order the person to make restitution;
(3) order the person to reimburse the state for the attorney general's reasonable costs of investigating and prosecuting the violation; and
(4) impose a civil penalty of not more than ten thousand dollars ($10,000) per violation.
(c) A person that violates an injunction issued under this section is subject to a civil penalty of not more than ten thousand dollars ($10,000) per violation. The court that issues the injunction retains jurisdiction over a proceeding seeking the imposition of a civil penalty under this subsection.
(d) A civil penalty imposed and collected under this section shall be deposited in the investigative fund established by IC 25-34.1-8-7.5.
(e) The enforcement procedures established by this section are cumulative and an enforcement procedure available under this section is supplemental to any other enforcement procedure available under:
(1) this section; or
(2) any other state or federal law, rule, or regulation;
for a violation of section 7 of this chapter.
As added by P.L.52-2009, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.6. Five Star Mortgages › 24-5-23.6-1. "Creditor"

Sec. 1. (a) As used in this chapter, "creditor" means:
(1) a person:
(A) that engages in Indiana in the extension of mortgages that are subject to a credit service charge or loan finance charge, as applicable, or are payable by written agreement in more than four (4) installments (not including a down payment); and
(B) to whom the obligation arising from a mortgage is initially payable, either on the face of the note or contract, or by agreement if there is not a note or contract; or
(2) a person who brokers a mortgage, including a person who:
(A) directly or indirectly solicits, processes, places, or negotiates mortgages for others;
(B) offers to solicit, process, place, or negotiate mortgages for others; or
(C) closes mortgages that may be in the person's own name with funds provided by others and that are thereafter assigned to the person providing funding for the mortgages.
(b) The term does not include a person described in IC 24-9-2-6(b).
As added by P.L.115-2010, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.6. Five Star Mortgages › 24-5-23.6-2. "Debtor"

Sec. 2. (a) As used in this chapter, "debtor", with respect to a mortgage, refers to the maker of the note secured by the mortgage.
(b) The term includes a prospective debtor with respect to a mortgage for which a closing has not occurred.
As added by P.L.115-2010, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.6. Five Star Mortgages › 24-5-23.6-4. "Dwelling"

Sec. 4. As used in this chapter, "dwelling" means a residential structure that is located in Indiana and that contains one (1) to four (4) units, regardless of whether the structure is permanently attached to real property. The term includes an individual:
(1) condominium unit;
(2) cooperative unit;
(3) mobile home; or
(4) trailer;
that is used as a residence.
As added by P.L.115-2010, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.6. Five Star Mortgages › 24-5-23.6-5. "Five Star Mortgage Lender"

Sec. 5. As used in this chapter, "five star mortgage lender" means a creditor that:
(1) offers at least one (1) mortgage product that qualifies as a five star mortgage under the program; and
(2) has a current and accurate certification on file with the department, as described in section 9(a)(3) of this chapter.
As added by P.L.115-2010, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.6. Five Star Mortgages › 24-5-23.6-6. "Indiana Customer"

Sec. 6. As used in this chapter, "Indiana customer", with respect to a mortgage offered by a creditor, means an individual who:
(1) is an Indiana resident at the time the mortgage is offered by the creditor; or
(2) would become an Indiana resident after purchasing and occupying the dwelling that is the subject of the mortgage being offered.
As added by P.L.115-2010, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 23.6. Five Star Mortgages › 24-5-23.6-7. "Mortgage"

Sec. 7. (a) As used in this chapter, "mortgage" means a sale or loan, or the refinancing or consolidation of a sale or loan, in which a first mortgage deed of (or another equivalent consensual security interest) that constitutes a first lien, is created or retained against land that is located in Indiana and upon which there is a dwelling that is or will be used by the debtor primarily for personal, family, or household purposes.
(b) The term includes any of the following that meets the conditions set forth in subsection (a):
(1) A home loan subject to IC 24-9.
(2) A loan described in IC 24-9-1-1, to the extent allowed under federal law.
(3) A first lien mortgage transaction (as defined in IC 24-4.4-1-301) subject to IC 24-4.4.
(c) The term does not include a land contract (as defined in IC 24-4.4-1-301(36)).
As added by P.L.115-2010, SEC.20. Amended by P.L.89-2011, SEC.22.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 24. Security Freezes for Consumer Reports › 24-5-24-1. "Consumer"

Sec. 1. As used in this chapter, "consumer" means an individual:
(1) whose principal residence is in Indiana; and
(2) whose credit information and history is recorded in a consumer report.
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 › 24-5-24-2. "Consumer Report"

Sec. 2. (a) As used in this chapter, "consumer report" means any written, oral, or other communication of any information that:
(1) is made by a consumer reporting agency;
(2) bears on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living; and
(3) is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing a consumer's eligibility for credit to be used primarily for personal, family, or household purposes.
(b) The term includes a consumer's credit score.
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 › 24-5-24-3. "Consumer Reporting Agency"

Sec. 3. (a) As used in this chapter, "consumer reporting agency" means any person that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a consumer report to another person.
(b) The term does not include an entity designated as a commercially reasonable private consumer credit reporting entity under IC 24-4.5-7-404(5).
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 › 24-5-24-4. "Security Freeze"

Sec. 4. As used in this chapter, "security freeze" means a designation placed on a consumer's consumer report:
(1) by a consumer reporting agency; and
(2) at the request of the consumer;
that prohibits the consumer reporting agency from releasing the consumer report without the authorization of the consumer.
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 › 24-5-24-5. Requesting and Placing a Security Freeze; Requirements; Exception; Electronic Mail Connection

Sec. 5. (a) A consumer may place a security freeze on the consumer's consumer report by:
(1) sending a written request by United States mail to an address designated by the consumer reporting agency; or
(2) subject to subsection (d), making a request to a consumer reporting agency through a secure electronic mail connection provided by the consumer reporting agency.
(b) Except as provided in subsection (c) and section 11 of this chapter, a consumer reporting agency that receives a request under subsection (a) shall place a security freeze on the consumer's consumer report not later than five (5) business days after receipt of the request.
(c) A consumer reporting agency is not required to place a security freeze on a consumer report under this section if the consumer reporting agency determines that the request for a security freeze:
(1) is materially false; or
(2) does not clearly identify the person making the request as the consumer.
(d) Not later than January 1, 2009, a consumer reporting agency shall develop and make available to consumers a secure electronic mail connection by which a consumer can request:
(1) the placement of a security freeze on the consumer's consumer report under this section; or
(2) the same or a new personal identification number or password under section 6(b) 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 › 24-5-24-6. Written Confirmation of Security Freeze; Unique Personal Identification Number or Password; Instructions; Time Requirements

Sec. 6. (a) Not later than ten (10) business days after receiving a request for a security freeze under section 5 of this chapter, a consumer reporting agency shall issue to the consumer a written confirmation that a security freeze has been placed on the consumer's consumer report. The confirmation required by this section must include the following:
(1) A unique:
(A) personal identification number; or
(B) password;
other than the consumer's Social Security number, or any multiple digit segment of the consumer's Social Security number, to be used by the consumer to perform any of the acts described in subdivision (2).
(2) Written instructions explaining how the consumer may:
(A) release the consumer's consumer report to one (1) or more specified third parties;
(B) temporarily lift the security freeze for a specified period; or
(C) remove the security freeze.
(3) Written instructions explaining how the consumer may request, using one (1) of the methods described in section 5(a) of this chapter, that the consumer reporting agency issue the same or a new personal identification number or password to the consumer if the consumer fails to retain the original personal identification number or password issued by the consumer reporting agency under subdivision (1).
(b) Upon receiving a request described in subsection (a)(3), the consumer reporting agency shall issue the same or a new personal identification number or password to the requesting consumer if the consumer has provided information sufficient to identify the consumer, as specified by the consumer reporting agency in the instructions provided to the consumer under subsection (a)(3). If the consumer's request is made using the method described in section 5(a)(1) of this chapter, the consumer reporting agency shall send, by United States mail, the personal identification number or password to the consumer not later than five (5) business days after receiving the consumer's request. If the consumer's request is made using the method described in section 5(a)(2) of this chapter, the consumer reporting agency shall issue the personal identification number or password not later than:
(1) subject to the exceptions set forth in sections 7(e)(2) and 9(c)(2) of this chapter, as applicable, fifteen (15) minutes after receiving the request, if the consumer reporting agency elects to issue the personal identification number or password by a secure electronic mail connection provided by the consumer reporting agency under section 5(d) of this chapter; or
(2) five (5) business days after receiving the request, if the consumer reporting agency elects to issue the personal identification number or password by United States mail.
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 › 24-5-24-8. Application Treated as Incomplete by Third Party; Notification of Security Freeze

Sec. 8. (a) A third party that requests a consumer's consumer report in connection with an application by the consumer for credit shall treat the application for credit as incomplete if:
(1) a security freeze has been placed on the consumer's consumer report;
(2) the consumer has not authorized the release of the consumer's consumer report under section 7 of this chapter; and
(3) the consumer reporting agency refuses to release the consumer report to the third party based on subdivisions (1) and (2).
(b) A consumer reporting agency that refuses under subsection (a)(3) to release a consumer report shall notify the third party requesting the consumer report of the existence of a security freeze as the basis for the refusal to release the consumer report to the third party.
(c) A consumer reporting agency shall not:
(1) state; or
(2) otherwise imply;
to a third party that the consumer's security freeze under this chapter reflects a negative credit score, history, report, or rating.
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 › 24-5-24-10. Persons Excluded From Security Freeze Restrictions

Sec. 10. The placement of a security freeze on a consumer's consumer report does not prohibit a consumer reporting agency from providing the consumer's consumer report to the following persons without the authorization of the consumer:
(1) A person, including a subsidiary, an affiliate, an agent, an assignee of a financial obligation owed by the consumer to the person, or a prospective assignee of a financial obligation owed by the consumer to the person in connection with the proposed purchase of the financial obligation, to whom the consumer owes a financial obligation in connection with any of the following:
(A) An account, including a demand deposit account, that the consumer has with the person, for the purpose of:
(i) reviewing the account, including activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements; or
(ii) collecting the obligation owed in connection with the account.
(B) A contract, for the purpose of collecting the obligation owed in connection with the contract.
(C) A negotiable instrument that the consumer has issued to the person, for the purpose of collecting the obligation owed in connection with the negotiable instrument.
(2) A person, including a subsidiary, an affiliate, an agent, or an assignee of a financial obligation owed by the consumer to the person, to whom the consumer has authorized the release of the consumer's consumer report under section 7(a)(1) of this chapter, for the purpose of facilitating the extension of credit or for any permissible purpose under subdivision (1).
(3) A law enforcement agency.
(4) Any person for the purpose of prescreening, as provided in the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
(5) Any person administering a credit monitoring subscription service to which the consumer has subscribed.
(6) The consumer, upon the consumer's request, or any other person for the purpose of providing the consumer with a copy of the consumer's consumer report, upon the consumer's request.
(7) Any of the following that provides services to a consumer:
(A) An insurer licensed under IC 27.
(B) An insurance producer licensed under IC 27.
(C) An agent, a vendor, or an employee of:
(i) an insurer licensed under IC 27; or
(ii) an insurance producer licensed under IC 27;
while acting on behalf of the insurer or the insurance producer.
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 › 24-5-24-11. "Energy Utility"; "Specialized Credit Reporting Tool"; Persons Excluded From Security Freeze Requirements

Sec. 11. (a) As used in this section, "energy utility" has the meaning set forth in IC 8-1-2.5-2.
(b) As used in this section, "specialized credit reporting tool" means a scoring model that:
(1) is available only to an energy utility; and
(2) is used by the energy utility to validate a consumer's identity and creditworthiness.
(c) The following persons are not required to place a security freeze on a consumer's consumer report:
(1) A consumer reporting agency that acts only as a reseller (as defined in 15 U.S.C. 1681a(u)) of information. However, a consumer reporting agency must honor any security freeze placed on a consumer's consumer report by another consumer reporting agency.
(2) A:
(A) check services; or
(B) fraud prevention services;
company that reports on incidents of fraud or issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payment.
(3) A deposit account information service company that issues reports concerning account closures due to:
(A) fraud;
(B) substantial overdrafts;
(C) ATM abuse; or
(D) similar negative information concerning a consumer;
to inquiring financial institutions for use only in reviewing a consumer's request for a deposit account at the inquiring financial institution.
(4) A consumer reporting agency that furnishes specialized credit reporting tools to an energy utility.
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 › 24-5-24-12. Written Confirmation of Change to Official Information; Exception for Technical Modification

Sec. 12. (a) Except as provided in subsection (b), if a security freeze is in place with respect to a consumer's consumer report, a consumer reporting agency may not change any of the following official information on the consumer's consumer report without sending written confirmation of the change to the consumer not later than thirty (30) days after the change is posted to the consumer's consumer report:
(1) Name.
(2) Date of birth.
(3) Social Security number.
(4) Address.
In the case of an address change, the written confirmation required under this section shall be sent to both the new address and the old address.
(b) Written confirmation is not required under this section for technical modifications of a consumer's official information, including changes involving:
(1) the use of name or street:
(A) abbreviations; or
(B) complete spellings; or
(2) transpositions of numbers or letters in a consumer's name or address.
As added by P.L.104-2007, SEC.1.