Title 24, TRADE REGULATION

Sec. 5. The attorney general may bring an action on behalf of the state or any political subdivision (as defined in IC 34-6-2.1-155) that has been directly or indirectly injured or damaged by: (1) an arrangement, agreement, trust, or combination described in section 1 of this cha…

Sec. 1. This chapter does not apply to cigarettes sold or intended to be sold as duty free merchandise by a duty free sales enterprise that complies with federal requirements, including the requirements under 19 U.S.C. 1555(b). However, this chapter applies to cigarettes that are…

Sec. 10. (a) A person who, for the purpose of selling or distributing the cigarettes in Indiana, imports cigarettes into Indiana that were manufactured outside the United States, shall file a monthly report with the department and keep and maintain the records required under IC 6…

Sec. 11. The department may do the following: (1) Adopt rules under IC 4-22-2 to implement this chapter. (2) Assess tax due, penalties, and interest on cigarettes in violation of this chapter. (3) Revoke or suspend the registration certificate issued under IC 6-7-1-16 of a person…

Sec. 12. (a) If the department or a law enforcement officer discovers cigarettes that are in violation of section 8 or 9 of this chapter, the department or a law enforcement officer may seize and take possession of the cigarettes together with any vending machine or receptacle in…

Sec. 13. (a) This chapter may be enforced by the department or a law enforcement officer. (b) Upon referral of a violation of this chapter by the department or a law enforcement officer, the prosecuting attorney or the attorney general shall prosecute the person who violates this…

Sec. 14. In addition to any other remedy, any person may bring an action for appropriate injunctive or equitable relief for a violation of this chapter that caused actual damages to the person. The person who brings the action may recover actual damages, interest on the damages f…

Sec. 15. A person who knowingly or intentionally sells, distributes, or transports into Indiana cigarettes in violation of section 8 of this chapter commits a Class A misdemeanor. As added by P.L.21-2000, SEC.10.

Sec. 16. A person who knowingly or intentionally sells, or distributes cigarettes that bear Indiana tax stamps affixed in violation of this chapter commits a Class A misdemeanor. As added by P.L.21-2000, SEC.10.

Sec. 17. A person who: (1) knowingly sells, distributes, or transports more than twelve thousand (12,000) cigarettes in violation of section 8 or 9 of this chapter; and (2) has previously been convicted of an offense under section 15 or 16 of this chapter; commits a Level 6 felon…

Sec. 2. As used in this chapter, "cigarette" has the meaning set forth in IC 24-3-2-2(a). As added by P.L.21-2000, SEC.10.

Sec. 3. As used in this chapter, "department" refers to the department of state revenue. As added by P.L.21-2000, SEC.10.

Sec. 4. As used in this chapter, "importer'' means any of the following: (1) A person in the United States to whom nontaxpaid tobacco products, cigarette papers, or cigarette tubes manufactured in a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United S…

Sec. 5. As used in this chapter, "law enforcement officer" has the meaning set forth in IC 35-31.5-2-185. As added by P.L.21-2000, SEC.10. Amended by P.L.114-2012, SEC.47.

Sec. 6. As used in this chapter, "manufacturer" means a person who manufactures a product made from tobacco that is made for smoking or chewing, including snuff. However, the term does not include the following: (1) A person who produces a product made from tobacco that is made f…

Sec. 7. As used in this chapter, "person" has the meaning set forth in IC 24-3-2-2(b). As added by P.L.21-2000, SEC.10.

Sec. 8. As of October 1, 2000, a person may not sell, distribute, or transport into Indiana any of the following cigarettes: (1) Cigarettes that have been marked for sale, distribution, or use outside the United States, including labels stating "For Export Only", "U.S. Tax-Exempt…

Sec. 9. A person may not affix a stamp (as defined by IC 6-7-1-9) on a package of cigarettes described in section 8 of this chapter. As added by P.L.21-2000, SEC.10.

Sec. 1. It shall be unlawful for any person, firm, limited liability company, or corporation, by himself or itself, or by his or its servants or as the servant or agent of another, to sell or offer for sale or delivery at retail any coal or coke which is sold by weight, unless ea…

Sec. 2. Every person, firm, limited liability company, or corporation who produces, ships or sells coal in car-load lots in this state shall transmit an invoice for each shipment of coal which shall indicate plainly thereon the state in which the coal was mined, the name of the c…

Sec. 3. Upon both sides of delivery vehicles shall be displayed a sign with letters not less than three (3) inches in height showing name of person, firm, limited liability company, or corporation delivering or attempting to deliver commodities as prescribed in section 1 of this …

Sec. 4. Upon the demand of the division of weights and measures, a deputy of the division inspector, or any peace officer, the person or persons in charge of any such load of commodities shall deliver to such officer all delivery tickets in the person's possession, and shall proc…

Sec. 5. A person who recklessly violates this chapter commits a Class B misdemeanor. Formerly: Acts 1931, c.177, s.5; Acts 1935, c.278, s.4. As amended by Acts 1978, P.L.2, SEC.2412.

Sec. 6. Nothing in this chapter shall prohibit any city from regulating by ordinance the retail or wholesale delivery of coal. Formerly: Acts 1931, c.177, s.6. As amended by P.L.152-1986, SEC.54.

Sec. 7. It shall be unlawful for any person, firm, limited liability company, or corporation, by himself or itself, or by his or its agent or servant, or as agent or servant of another, to advertise by any false statement, either oral or written, or to publish or display any fals…

Sec. 1. At any time after a rental purchase agreement is consummated, the lessee may acquire ownership of the property under the terms specified in the rental purchase agreement. As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.35; P.L.176-2019, SEC.32.

Sec. 10. (a) The lessee may pay the original lessor until the lessee receives written notification: (1) that assignment of the rights to rental payments under the rental purchase agreement has occurred; and (2) of the person to whom rental payments are to be made. (b) A notificat…

acquisition cost; payments to third parties Sec. 11. Except as provided in section 1 of this chapter, a lessor shall not require or permit a lessee to: (1) make any payment in addition to an initial rental payment and regular rental payments in order to acquire ownership of the p…

Sec. 12. A lessor may not require any of the following: (1) The mandatory purchase of insurance by the lessee from the lessor. (2) A penalty for early termination of a rental purchase agreement or for the return of an item at any point, except charges authorized under IC 24-7-5. …

Sec. 13. (a) Except as provided in subsection (b), a lessor may not accept payment from a lessee and hold the amount of the payment in a reserve account for future payments. Any amounts paid by a lessee must be applied: (1) as an initial rental payment; (2) as a regular rental pa…

Sec. 2. A rental purchase agreement may not contain a provision that conflicts with the rights and duties imposed under this article. As added by P.L.254-1987, SEC.1.

Sec. 3. (a) A lessor may not accept an assignment of earnings from the lessee for payment or as security for payment for a charge arising under a rental purchase agreement. (b) An assignment of earnings in violation of this section is unenforceable by the assignee of the earnings…

Sec. 4. A lessor may not take or accept a power of attorney or other authorization from the lessee, or other person acting on the lessee's behalf, to waive service of process, confess judgment, or enforce payment of money claimed by the lessor in violation of IC 34-54-3 or IC 34-…

of action in collecting payments or charges Sec. 5. A lessor may not require a lessee to waive any defense, counterclaim, or right of action against: (1) the lessor; or (2) a person acting on the lessor's behalf, as the lessee's agent; in collection of rental payments or charges …

Sec. 6. A lessor may not require a lessee to authorize the lessor or a person acting on the lessor's behalf to unlawfully enter upon the lessee's premises or to commit any breach of the peace in the repossession of the property. As added by P.L.254-1987, SEC.1.

Sec. 7. A lessor may not require a lessee to authorize a prejudgment garnishment of the lessee's wages. As added by P.L.254-1987, SEC.1.

Sec. 9. (a) With respect to a rental purchase agreement, an assignee of the rights of the lessor is subject to all claims and defenses of the lessee against the lessor arising from the lease of property or services. (b) A claim or defense of a lessee specified in subsection (a) m…

Sec. 1. Before a demonstration, seminar, or sales presentation begins, the promoter shall inform the person of the prize, if any, the person will receive. As added by P.L.233-1989, SEC.1.

Sec. 2. A prize or a voucher, certificate, or other evidence of obligation given instead of a prize shall be given to a person at the time the person is informed of the prize, if any, the person will receive. As added by P.L.233-1989, SEC.1.

Sec. 3. The notice shall be returned to the person receiving the prize at the time the prize is awarded. As added by P.L.233-1989, SEC.1.

Sec. 1. (a) Subject to subsection (c), upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this article, the court shall require the person to …

Sec. 1. Each CPAP contract must contain the disclosures specified in this section, which are material terms of the contract. Unless otherwise specified, the disclosures must be in at least a 12 point bold font and be placed clearly and conspicuously within the contract. The follo…

Sec. 2. (a) Except as provided in subsection (c), in a civil proceeding in which a consumer claimant is a party, the consumer claimant or the consumer claimant's attorney shall provide to: (1) each of the other parties in the civil proceeding; and (2) each insurer that has a duty…

Sec. 1. (a) A person may bring an action against a person who establishes, operates, promotes, or assists another to promote a pyramid promotional scheme for: (1) the damages actually suffered as a result of the pyramid promotional scheme; or (2) one thousand dollars ($1,000); wh…

Sec. 2. (a) A person who is entitled to bring an action on the person's own behalf under section 1 of this chapter may bring a class action on behalf of any class of persons of which the person is a member and that has been damaged by the pyramid promotional scheme, subject to an…

Sec. 1. (a) This chapter applies to a towing company that engages in, or offers to engage in, private commercial property towing. (b) This chapter does not apply to the towing of a motor vehicle from a tow-away zone that is not located on commercial private property. As added by …