Title 24, TRADE REGULATION

Sec. 5. A person who violates this chapter commits a Class A infraction. As added by P.L.180-1991, SEC.1.

Sec. 1. As used in this chapter, "business day" means a day other than Sunday or a legal holiday. As added by P.L.251-1987, SEC.2.

Sec. 10. A change of the supplier's address is not a defense unless the consumer receives written notice of the change by delivery in person or by certified or registered mail within the time the consumer may exercise the consumer's right to cancel under this chapter. As added by…

Sec. 11. Final agreement to a contract does not occur until the consumer and the supplier unequivocally agree to the contract and the supplier obtains any required approvals by another supplier or person. As added by P.L.251-1987, SEC.2.

Sec. 12. If the consumer exercises the right to cancel under this chapter, the supplier shall, within ten (10) business days after the notice of cancellation is delivered, return to the consumer any payment or other consideration transferred to the supplier by the consumer. Howev…

Sec. 13. (a) If the consumer exercises the right to cancel under this chapter and has possession of the subject of the consumer transaction, the supplier may retake possession only: (1) if the supplier has complied with section 12 of this chapter; (2) if no more than ten (10) day…

Sec. 14. The supplier is not entitled to mitigation of damages if a consumer properly exercises the consumer's right to cancel under this chapter. As added by P.L.251-1987, SEC.2.

Sec. 15. This chapter does not restrict the supplier from offering or providing additional or broader reasons for cancellation. As added by P.L.251-1987, SEC.2.

Sec. 16. The consumer's right to cancel a home consumer transaction under this chapter is in addition to any other remedy available to the consumer. This right cannot be waived. As added by P.L.251-1987, SEC.2.

Sec. 17. It is a violation of this chapter for a supplier to: (1) fail to give the notice required by section 9 of this chapter; (2) fail or refuse to make a full refund as required by this chapter; or (3) knowingly interfere with the consumer's exercise of the consumer's rights …

Sec. 18. A supplier who violates this chapter: (1) commits a Class C infraction and is required to make a full refund as provided by section 12 of this chapter; and (2) commits a deceptive act that is actionable by the attorney general or by a consumer under IC 24-5-0.5-4 and is …

Sec. 2. As used in this chapter, "consumer" means an individual who is the ultimate user of the subject of a consumer transaction. As added by P.L.251-1987, SEC.2.

Sec. 3. As used in this chapter, "consumer transaction" means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible to an individual for purposes that are primarily personal, family, or househo…

Sec. 4. As used in this chapter, "home consumer transaction" means a consumer transaction that the consumer did not solicit that results from the direct contact by a supplier at a place other than the supplier's permanent place of business. For purposes of this chapter, direct co…

Sec. 5. As used in this chapter, "person" means an individual, a corporation, the state or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, a cooperative, or any other legal entity. As added by P.L.251-1987, SEC.2.

Sec. 6. As used in this chapter, "supplier" means a seller, lessor, assignor, or other person who engages in or solicits consumer transactions, including a manufacturer, wholesaler, or retailer, whether or not the supplier deals directly with the consumer. As added by P.L.251-198…

Sec. 7. As used in this chapter, "subject of a consumer transaction" means the personal property, real property, services, or intangibles furnished in a consumer transaction, whether the transaction is governed by a single contract or multiple contracts. As added by P.L.251-1987,…

Sec. 8. (a) A consumer may cancel a home consumer transaction if: (1) the subject of the consumer transaction has a cash sales price of at least twenty-five dollars ($25); and (2) the consumer gives the supplier a written notice that meets the requirements of 16 C.F.R. 429.1(a) a…

Sec. 9. (a) The supplier in a home consumer transaction subject to section 8 of this chapter shall deliver to the consumer two (2) copies of a written notice of the consumer's right to cancel the transaction. (b) The notice shall be on a separate document in at least ten (10) poi…

Sec. 1. The department of financial institutions may adopt rules under IC 4-22-2 or policies to implement this article. The department of financial institutions has all authority and powers necessary to regulate CPAP transactions, including the right to require the department's p…

Sec. 1. A person who violates this article commits a deceptive act that is: (1) actionable under IC 24-5-0.5; and (2) subject to the remedies and penalties set forth in IC 24-5-0.5. As added by P.L.281-2019, SEC.5.

Sec. 2. (a) The attorney general: (1) shall receive; and (2) may investigate; complaints alleging violations of this article. (b) After finding, either upon a complaint made or upon the attorney general's own investigation, that a violation of this article has occurred, the attor…

Sec. 3. The attorney general may adopt rules under IC 4-22-2 to implement this article. As added by P.L.281-2019, SEC.5. Amended by P.L.93-2024, SEC.176.

Sec. 1. The attorney general has exclusive authority to enforce the provisions of this article. As added by P.L.94-2023, SEC.1.

Sec. 2. (a) The attorney general may initiate an action in the name of the state and may seek an injunction to restrain any violations of this article and a civil penalty not to exceed seven thousand five hundred dollars ($7,500) for each violation under this article. (b) The att…

Sec. 3. (a) Before initiating an action under section 2 of this chapter, the attorney general shall provide a controller or processor thirty (30) days written notice identifying the specific provisions of this article that the attorney general alleges have been or are being viola…

Sec. 4. Nothing in this article shall be construed as providing the basis for a private right of action for violations of this article or any other law. As added by P.L.94-2023, SEC.1.