Title 24, TRADE REGULATION

Sec. 3. As used in this chapter, "unused property merchant" means a person, other than a vendor or a merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot, or other unused property market location and who, at that …

Sec. 4. As used in this chapter, "new and unused property" means tangible personal property that: (1) was acquired by an unused property merchant directly from the producer, manufacturer, wholesaler, or retailer in the ordinary course of business; and (2) has not been used since …

Sec. 5. As used in this chapter, "baby food" or "infant formula" means any food manufactured, packaged, and labeled specifically for sale for consumption by a child under two (2) years of age. As added by P.L.99-1999, SEC.1.

Sec. 6. As used in this chapter, "nonprescription drug" or "over the counter drug" means nonnarcotic medicine or a drug that is sold without a prescription and is prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, properly label…

Sec. 7. As used in this chapter, "medical device" means an instrument, an apparatus, an implement, a machine, a contrivance, an implant, an in vitro reagent, a tool, or other similar or related article, including a component part or an accessory: (1) required under federal law to…

Sec. 8. (a) This section does not apply to a person who keeps available for public inspection a written authorization identifying that person as an authorized representative of the manufacturer or distributor of a product listed in subsection (b), if the authorization is not fals…

Sec. 9. An unused property merchant shall maintain receipts for the purchase of new and unused property. A receipt must contain the following information: (1) The date of the transaction. (2) The name and address of the person, corporation, or entity from whom the new and unused …

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 2 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law. (2) The amendments made to section 23 of this chapter by …

Sec. 0.2. This chapter does not apply to a seller solely because the seller makes or will make, during any calendar year, a solicitation in a telephone call that is exempt from the application of IC 24-4.7 under IC 24-4.7-1-1. As added by P.L.105-2020, SEC.1.

Sec. 1. As used in this chapter, "division" means the consumer protection division of the office of the attorney general. As added by P.L.253-1987, SEC.1.

Sec. 10. (a) Except as provided in section 0.2 of this chapter, before doing business in Indiana, a seller must register with the division. (b) A seller does business in Indiana if the seller makes or will make a solicitation during any calendar year: (1) from a location in India…

Sec. 11. To register under this chapter a person must file with the division a registration statement disclosing the information required by this chapter and pay a fifty dollar ($50) registration fee. As added by P.L.253-1987, SEC.1.

Sec. 12. The registration statement must contain the following information: (1) The name of the seller. (2) Whether the seller is doing business as a corporation, a partnership, an individual, or another legal entity. (3) The names under which the seller has done, is doing, or in…

Sec. 13. If the seller represents or implies, or directs a salesperson to represent or imply, to a prospect that a purchaser will receive one (1) or more items (whether the items are designated as gifts, premiums, bonuses, prizes, or otherwise), the registration statement must al…

Sec. 14. On August 1 of each year, every person registered under this chapter shall file an update to the registration. The registrant shall pay an additional fifty dollars ($50) for filing the annual update. As added by P.L.253-1987, SEC.1.

Sec. 15. In addition to the annual update described in section 14 of this chapter, an update shall be filed whenever changes occur that make the disclosures required under this chapter inaccurate, false, or misleading. As added by P.L.253-1987, SEC.1.

Sec. 16. The director of the division shall maintain a record of all filings made under this chapter and shall assign a registration number to each of them. The director shall advise the seller, in writing, of the assigned number. All advertisements, pamphlets, brochures, or any …

Sec. 17. A seller may not make any reference to its compliance with this chapter other than by setting forth the registration number as provided in section 16 of this chapter. As added by P.L.253-1987, SEC.1.

Sec. 18. If a seller fails to comply with sections 10 through 16 of this chapter, a purchaser may cancel any contract with the seller by notifying the seller in any manner. As added by P.L.253-1987, SEC.1.

Sec. 19. If a seller: (1) uses any untrue, misleading, or deceptive statement in a solicitation or sale; or (2) fails to deliver an item ordered within four (4) weeks; the purchaser may void the contract within ninety (90) days from the date of the contract by giving written noti…

Sec. 2. As used in this chapter, "item" means tangible or intangible property or services. The term includes but is not limited to coupon books for use with a business other than the seller's business and certificates of a type that the purchaser must redeem to obtain the item de…

Sec. 20. In addition to any other remedies or penalties under this chapter, a person who is damaged by a seller's failure to comply with this chapter or by a seller's breach of contract may bring an action for recovery of the person's actual damages, including court costs and att…

Sec. 21. Upon petition by any person that a seller has failed to comply with this chapter, the circuit or superior court of the county of residence of the petitioner may enjoin the seller from further violations. As added by P.L.253-1987, SEC.1.

Sec. 22. A seller who fails to comply with sections 10 through 16 of this chapter commits a Level 6 felony. As added by P.L.253-1987, SEC.1. Amended by P.L.158-2013, SEC.275.

Sec. 23. (a) A seller who fails to comply with any provision of: (1) this chapter; or (2) IC 24-4.7; commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4(c) and is subject to the penalties set forth in IC 24-5-0.5. An action for a violation of IC…

Sec. 24. This chapter may not be construed to relieve a person from complying with any other statute or ordinance. As added by P.L.253-1987, SEC.1.

Sec. 25. (a) If a person makes a solicitation to a prospect that is outside of the course of dealing (as described in IC 26-1-1-205), whether personally, through salespersons, or through the use of an automated dialing and answering device, the person may not knowingly or intenti…

Sec. 3. As used in this chapter, "owner" means a person who owns or controls ten percent (10%) or more of the equity of a seller, or otherwise has a claim to ten percent (10%) or more of the net income of a seller. As added by P.L.253-1987, SEC.1.

Sec. 4. As used in this chapter, "person" means an individual, an incorporated or unincorporated organization or association, or any other legal entity. As added by P.L.253-1987, SEC.1.

Sec. 5. As used in this chapter, "principal" means an owner, an officer, a general partner, a trustee, or other individual with supervisory functions usually exercised by those persons. As added by P.L.253-1987, SEC.1.

Sec. 6. As used in this chapter, "prospect" means a person solicited by a seller. As added by P.L.253-1987, SEC.1.

Sec. 7. As used in this chapter, "salesperson" means a person employed, authorized, or appointed by a seller, including an independent contractor, who solicits a sale on behalf of the seller. As added by P.L.253-1987, SEC.1.

Sec. 8. As used in this chapter, "seller" means a person who, personally, through salespersons, or through the use of an automated dialing and answering device, makes a solicitation if in the solicitation any one (1) of the following occurs: (1) There is a false representation or…

Sec. 9. As used in this chapter, "solicitation" means a telephone conversation or attempted telephone conversation that occurs in a telephone call made by a seller to another person in which the seller offers, or attempts to offer, an item to the other person in exchange for mone…