Title 24, TRADE REGULATION

Sec. 13. (a) A precious metal dealer must satisfy the registration requirements described in subsections (b) and (c) before the precious metal dealer may engage in the business of purchasing or reselling precious metal at a permanent place of business in Indiana. (b) A precious m…

Sec. 14. (a) If a precious metal dealer purchases precious metal from a seller, the precious metal dealer shall: (1) verify the identity of the seller by use of a government issued photographic identification; (2) make a copy of the seller's government issued photographic identif…

Sec. 15. (a) A precious metal dealer shall keep and use in the precious metal dealer's business the books, accounts, and records necessary to determine whether the precious metal dealer is complying with this chapter. (b) A precious metal dealer shall preserve the books, accounts…

Sec. 16. (a) Each day a precious metal dealer purchases precious metal at a permanent place of business, the precious metal dealer shall report the information described in section 15(d) of this chapter concerning the precious metal to a law enforcement agency as follows: (1) If …

Sec. 17. (a) A precious metal dealer shall make the records and information under section 15 of this chapter available for examination upon the request of a law enforcement agency (as defined in IC 10-13-3-10). (b) The law enforcement agency under subsection (a) shall determine i…

Sec. 18. A precious metal dealer may not purchase precious metal: (1) from an individual less than eighteen (18) years of age; or (2) that the precious metal dealer believes or should have reason to believe is stolen property acquired as a result of a crime. As added by P.L.222-2…

Sec. 19. (a) A precious metal dealer shall hold each article of precious metal purchased by the precious metal dealer for at least ten (10) calendar days after the date the precious metal dealer purchases the precious metal: (1) at the precious metal dealer's permanent place of b…

Sec. 2. As used in this chapter, "jewelry" means personal ornaments made of gold, silver, or platinum that may or may not contain precious, semiprecious, or imitation stones. As added by P.L.222-2013, SEC.3.

Sec. 20. (a) Records and information generated by a precious metal dealer in the course of business are confidential under IC 5-14-3-4. (b) A law enforcement officer (as defined in IC 3-6-6-36(a)) may obtain or receive records and information described in subsection (a) relating …

Sec. 21. A person who knowingly or intentionally violates this chapter commits a Class A misdemeanor. As added by P.L.222-2013, SEC.3.

Sec. 3. As used in this chapter, "mint issued coin" means a coin that: (1) is bought or sold as an investment in a rare or precious metal; (2) has a collectable value greater than the face value of the coin; or (3) is collectable or desirable due to the age, rarity, or condition …

Sec. 4. As used in this chapter, "permanent place of business" means a fixed premises: (1) owned by a precious metal dealer; or (2) leased by a precious metal dealer for a term of at least twelve (12) months; at which the precious metal dealer purchases or resells precious metal.…

Sec. 5. As used in this chapter, "person" means an individual, a firm, an association, a limited liability company, a partnership, a joint stock association, a trust, or a corporation. As added by P.L.222-2013, SEC.3.

Sec. 6. (a) As used in this chapter, "precious metal" means: (1) used jewelry; and (2) other used articles of personal property that: (A) are made of gold, silver, or platinum; and (B) were previously purchased at retail, acquired by gift, or obtained in some other fashion by a c…

Sec. 7. As used in this chapter, "precious metal dealer" means a person who engages in the business of purchasing precious metal for the purpose of reselling the precious metal in any form. As added by P.L.222-2013, SEC.3.

Sec. 8. As used in this chapter, "purchase" means to acquire property in exchange for cash, credit, or other valuable consideration. As added by P.L.222-2013, SEC.3.

Sec. 9. As used in this chapter, "seller" means a consumer or other person who sells precious metal to a precious metal dealer. As added by P.L.222-2013, SEC.3.

Sec. 1. This chapter applies to a person that sends, delivers, or transmits by mail, private delivery, facsimile transmission, or electronic mail a solicitation offering goods or services for sale, lease, or rent if the person: (1) creates, prepares, packages, or handles the soli…

Sec. 10. A person that violates the provisions of this chapter commits a Class A misdemeanor. As added by P.L.176-1997, SEC.1.

Sec. 11. (a) A person that violates this chapter is subject to the penalties set forth in IC 24-5-0.5. (b) The penalties set forth in IC 24-5-0.5 apply whether or not a recipient of the person's solicitation is actually deceived. As added by P.L.176-1997, SEC.1.

Sec. 2. As used in this chapter, "person" has the meaning set forth in IC 24-5-0.5-2. As added by P.L.176-1997, SEC.1.

Sec. 3. A person may not, with intent to deceive, knowingly or intentionally send, deliver, or transmit a bill, an invoice, or a statement of account due, or a writing that could reasonably be interpreted as a bill, an invoice, or a statement of account due, to solicit payment of…

Sec. 4. A person that is not a governmental entity may not knowingly or intentionally send, deliver, or transmit a writing that purports to be a compliance notice, legal notice, or other notice of a governmental entity, or a writing that could reasonably be interpreted to be a co…

Sec. 5. A person may not knowingly or intentionally send, deliver, or transmit a solicitation for goods if the solicitation indicates that goods have been shipped to or services performed for the recipient and the goods have not been shipped or the services have not been performe…

Sec. 6. The provisions of this chapter are not exclusive and do not relieve a person of compliance with other applicable provisions of law. As added by P.L.176-1997, SEC.1.

Sec. 7. A contract entered into in reliance on a solicitation that does not comply with this chapter is voidable by the party that relied on the solicitation. As added by P.L.176-1997, SEC.1.

Sec. 8. A waiver of a person's rights under all or part of this chapter is void and unenforceable. As added by P.L.176-1997, SEC.1.

Sec. 9. A person that receives a solicitation that violates the provisions of this chapter may: (1) bring an action in the circuit or superior court of the county of the person's residence for recovery of the person's actual damages resulting from the violation, including court c…