Title 24, TRADE REGULATION

Sec. 5. The lessor shall disclose all information required in section 3 of this chapter before the rental purchase agreement is consummated. As added by P.L.254-1987, SEC.1.

Sec. 6. The lessor shall obtain the signature of the lessee on the writing containing the terms of the rental purchase agreement and shall furnish the lessee with a copy of the written and signed rental purchase agreement at the time of consummation of the agreement. If there is …

Sec. 7. The terms of the rental purchase agreement shall be set forth in not less than 8 point type. As added by P.L.254-1987, SEC.1.

Sec. 8. The lessor shall furnish the lessee, without request by the lessee, a written receipt for each initial rental payment and any subsequent regular rental payment made: (1) in cash; or (2) by another method of rental payment that does not provide evidence of the rental payme…

Sec. 1. Notice may be delivered by any of the following methods: (1) Hand. (2) Mail. (3) Newspaper. (4) Other periodical. (5) Electronic mail or any other form of electronic, digital, or Internet based communication. As added by P.L.233-1989, SEC.1. Amended by P.L.222-2005, SEC.3…

Sec. 10. Sections 3, 5 and 7 of this chapter shall not apply in a promotion only for books, records, videos, or magazines when the person has the right to review the merchandise without obligation for at least seven (7) days and the right to obtain a full refund for the return of…

Sec. 2. The notice must contain the name and address of the promoter and the sponsor of the promotion. As added by P.L.233-1989, SEC.1.

Sec. 3. The notice must state the verifiable retail value of each prize a participant has been awarded or may have been awarded. As added by P.L.233-1989, SEC.1.

Sec. 4. (a) If an element of chance is involved, each notice must state the odds the participant has of receiving each prize. (b) The statement of the odds must include, for each prize, the total number of prizes to be given away and the total number of notices distributed. (c) T…

Sec. 5. (a) The verifiable retail value and odds for each prize must be stated in immediate proximity with each listing of the prize in each place it appears on the notice. (b) The verifiable retail value and odds for each prize must be listed in the same size type and boldness a…

Sec. 6. If a person is required or invited to view, hear, or attend a sales presentation in order to claim a prize that has been awarded or may have been awarded, the requirement or invitation must be conspicuously disclosed to the person in the notice in at least 10 point boldfa…

Sec. 7. (a) If a prize is offered or given that will require a person to purchase additional goods or services, including shipping fees, handling fees, or any other charge, the requirement and additional cost to the person must be clearly disclosed on the first page of the notice…

Sec. 8. A limitation on the eligibility of persons must be clearly disclosed in the notice in at least 10 point boldface type. As added by P.L.233-1989, SEC.1.

Sec. 9. If prizes will not be awarded or given if a winning ticket, token, number, lot, or other device used to determine winners in a particular promotion is not presented to a promoter or a sponsor, this fact must be clearly stated in the notice. As added by P.L.233-1989, SEC.1…

Sec. 1. A person may not assert a claim of patent infringement in bad faith. As added by P.L.172-2015, SEC.1.

Sec. 2. (a) A court may consider the following factors as evidence that a person has made an assertion of patent infringement in bad faith: (1) The person distributed a demand letter that does not contain all the following information: (A) The patent number of the patent that the…

Sec. 3. A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement: (1) The demand letter contains the information described in section 2(a)(1) of this chapter. (2) If the: (A) demand letter lacks the information…

Sec. 1. A CPAP provider may not do any of the following: (1) Pay or offer to pay a commission, referral fee, or other form of consideration to any attorney, law firm, medical provider, chiropractor, or physical therapist, or any of their employees for referring a consumer claiman…

Sec. 1. (a) If the attorney general has reasonable cause to believe that a person has engaged or is about to engage in any act or practice constituting a violation of any provision of this article, or any order issued under this article, the attorney general may do any of the fol…

Sec. 2. (a) A person named in a cease and desist order issued under this article must be notified of the person's right to file, within fifteen (15) days after the receipt of the order, a written notice for a hearing. If the attorney general does not receive a written request for…

Sec. 3. (a) Upon a proper showing to the appropriate circuit court, a permanent injunction, temporary injunction, restraining order, or writ of mandamus may be granted and a receiver or conservator may be appointed for the person alleged to have violated this article or the asset…

Sec. 4. This chapter does not bar the attorney general or a prosecuting attorney from proceeding under any other provision of law against a pyramid promotional scheme or any person involved with a pyramid promotional scheme. As added by P.L.105-2017, SEC.3.

Sec. 5. The attorney general shall adopt rules under IC 4-22-2 necessary to administer and implement this chapter. As added by P.L.105-2017, SEC.3.

Sec. 1. This chapter applies to a towing company that engages in, or offers to engage in, emergency towing. As added by P.L.281-2019, SEC.5.

Sec. 2. (a) Except as provided in subsection (b), a towing company shall not stop, or cause a person to stop, at the scene of an accident or near a disabled motor vehicle: (1) if there is an injury as the result of an accident; or (2) for the purpose of: (A) soliciting an engagem…

Sec. 3. (a) Except as provided in subsections (b) and (c), the owner or operator of a disabled motor vehicle may, in consultation with law enforcement or with authorized state, county, or municipal personnel (if appropriate): (1) summon to the disabled motor vehicle's location th…

Sec. 4. If a disabled motor vehicle: (1) is causing; or (2) poses; a safety hazard to any of the parties at the scene of the disabled motor vehicle, the disabled motor vehicle may be moved by a towing company to a safe location after being released by a law enforcement officer or…

Sec. 5. (a) If a towing company is summoned for emergency towing by the owner or operator of a disabled motor vehicle, the towing company shall make a record of the following, to the extent available: (1) The: (A) first and last name; and (B) telephone number; of the person who s…

Sec. 6. A towing company that performs emergency towing under this chapter shall do the following: (1) Properly secure all towed motor vehicles. (2) Take all reasonable efforts to prevent: (A) further damage (including weather damage) to; or (B) the theft of; all towed motor vehi…

Sec. 7. A towing company responding to a summons for an emergency towing under this chapter may utilize the shoulder of the roadway as necessary to reach the scene of the disabled motor vehicle. As added by P.L.81-2026, SEC.3.

Sec. 1. (a) A consumer may invoke one (1) or more rights set forth in subsection (b) by submitting to a controller a request specifying the rights the consumer wishes to invoke. A known child's parent or legal guardian may invoke on behalf of the child one (1) or more rights set …

Effective 1-1-2027. Sec. 1. A social media provider that receives a request from an Indiana resident for creation of an account with the social media provider shall comply with the following: (1) The social media provider shall use commercially reasonable means, such as a neutral…

Effective 1-1-2027. Sec. 2. (a) A social media provider shall configure the account as described in subsection (c) of a registered user that the social media provider knows or has reason to know is an: (1) adolescent; and (2) Indiana resident. (b) A social media provider may not …

Sec. 1. As used in this chapter, "public safety agency" means a state or local law enforcement or fire protection agency. As added by P.L.173-1997, SEC.1.

Sec. 2. (a) A person may not solicit or otherwise request money from the public for any purpose: (1) using the name of a public safety agency; or (2) by using language that implies a connection to a public safety agency; unless the person first receives express written permission…

Sec. 3. (a) A solicitation of money in any form approved under section 2 of this chapter must: (1) inform the public that the solicitation has been approved by the appropriate public safety agency; and (2) use the correct name of the public safety agency. (b) A person who violate…

Sec. 4. A person who knowingly or intentionally violates section 2 of this chapter commits a Class A misdemeanor. As added by P.L.173-1997, SEC.1.

Sec. 1. (a) A quarterly listing of telephone numbers of Indiana consumers who request not to be solicited by telephone shall be established, maintained, and published as provided in this section. (b) The telephone number of a consumer shall be placed on the listing if the consume…

Sec. 2. (a) The division may contract with an agent to perform the division's duties under section 1 of this chapter if both of the following conditions are satisfied: (1) The agent has demonstrated experience in maintaining a national no sales solicitation calls listing. (2) The…

Sec. 3. The division shall investigate complaints received concerning violations of this article. As added by P.L.189-2001, SEC.1.

Sec. 4. The division shall notify Indiana residents of the following: (1) The rights and duties created by this article, including the right of any of the following consumers to place a telephone number on the listing established and maintained under section 1 of this chapter: (A…

Sec. 5. (a) The division shall, after June 30 and before October 1 of each year, report to the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 on the following: (1) The total amount of fees d…

Sec. 6. (a) The consumer protection division telephone solicitation fund is established for the following purposes: (1) The administration of: (A) this article; (B) IC 24-5-0.5-3(b)(19); (C) IC 24-5-12; (D) IC 24-5-14; and (E) IC 24-5-14.5. (2) The reimbursement of prosecuting at…

Sec. 7. The division may adopt rules under IC 4-22-2 to implement this article. As added by P.L.189-2001, SEC.1.

Sec. 1. In addition to any other remedy provided by law, a provider of computer software, the owner of a website, or the owner of a trademark who is adversely affected by reason of the violation may bring a civil action against a person who violates IC 24-4.8-2: (1) to enjoin fur…

Sec. 2. For purposes of section 1 of this chapter, conduct that violates more than one (1) subdivision, clause, or item of IC 24-4.8-2 constitutes a separate violation for each separate subdivision, clause, or item violated. However, a single action or course of conduct that caus…