Title 24, TRADE REGULATION

Sec. 5. (a) As used in this chapter, "electronic delivery device" means any product that: (1) contains or delivers nicotine, lobelia, or any other substance intended for human consumption; and (2) can be used by a person to simulate smoking in the delivery of nicotine, lobelia, o…

Sec. 6. (a) As used in this chapter, "nicotine liquid container" means a bottle or other container that: (1) contains a nicotine liquid or another substance containing nicotine; and (2) is sold, marketed, or intended for use with an electronic cigarette or other electronic delive…

Sec. 7. A person may not manufacture, sell, or distribute: (1) a liquid or gel substance containing nicotine; or (2) a nicotine liquid container; unless the product is contained in child resistant packaging. As added by P.L.231-2015, SEC.13.

Sec. 8. (a) If the commission discovers any product sold or distributed in violation of this chapter, the commission may seize and take possession of the product. The commission shall destroy products seized under this subsection. (b) The commission may impose a civil penalty on …

Sec. 0.1. The addition of this chapter by P.L.238-1985 does not apply to contracts formed before September 1, 1985. As added by P.L.220-2011, SEC.387.

Sec. 1. As used in this chapter, "commission" means compensation that accrues to a sales representative, for payment by a principal, at a rate expressed as a percentage of the dollar amount of orders taken or sales made by the sales representative. As added by P.L.238-1985, SEC.1…

Sec. 2. As used in this chapter, "person" means an individual, corporation, limited liability company, partnership, unincorporated association, estate, or trust. As added by P.L.238-1985, SEC.1. Amended by P.L.8-1993, SEC.355.

Sec. 3. As used in this chapter, "principal" means a person who: (1) manufactures, produces, imports, sells, or distributes a product for wholesale; (2) contracts with a sales representative to solicit wholesale orders for the product; and (3) compensates the sales representative…

Sec. 4. As used in this chapter, "sales representative" means a person who: (1) contracts with a principal to solicit wholesale orders in Indiana; and (2) is compensated, in whole or in part, by commission. The term does not include a person who places orders or purchases on the …

Sec. 5. (a) If a contract between a sales representative and a principal is terminated, the principal shall, within fourteen (14) days after payment would have been due under the contract if the contract had not been terminated, pay to the sales representative all commissions acc…

Sec. 6. For purposes of Indiana trial rule 4.4, a principal who contracts with a sales representative to solicit wholesale orders for a product in Indiana is doing business in Indiana. As added by P.L.238-1985, SEC.1.

Sec. 7. (a) If a principal makes a revocable offer of a commission to a sales representative who is not an employee of the principal, the sales representative is entitled to the commission agreed upon if: (1) the principal revokes the offer of commission and the sales representat…

Sec. 8. A provision in a contract between a sales representative and a principal that waives a provision of this chapter by: (1) an express waiver; or (2) a contract subject to the laws of another state; is void. As added by P.L.138-1990, SEC.2.

Sec. 0.1. The amendments made to sections 1, 2, 5, and 17 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law. As added by P.L.220-2011, SEC.395.

Sec. 1. As used in this chapter: "Business day" means a day other than Sunday or a legal holiday. "Buyer" means a purchaser of services under a contract for health spa services. "Contract" means a contract for health spa services entered into after August 31, 1983. The term inclu…

Sec. 10. (a) A contract for health spa services that does not comply with this chapter is voidable at the option of the buyer. (b) The seller may cure noncompliance with this chapter, and no legal action may be brought by the buyer for relief under this chapter unless, following …

Sec. 11. Any contract for health spa services entered into in reliance upon any willfully or fraudulently disseminated false or misleading information, representation, notice, or advertisement of the seller is void and unenforceable. As added by P.L.249-1983, SEC.1.

Sec. 12. Any waiver by the buyer of part or all of this chapter is contrary to public policy and is void and unenforceable. As added by P.L.249-1983, SEC.1.

Sec. 13. A health spa that sells contracts for health spa services to be rendered at a planned health spa facility or a health spa facility under construction shall file with the secretary of state a bond issued by a surety company admitted to do business in Indiana in the amount…

Sec. 14. (a) The state of Indiana shall be the obligee under the bond. (b) The bond shall be: (1) executed by the health spa as principal and by a corporate surety licensed to do business in Indiana as surety; (2) in such form and shall contain such terms and conditions as the se…

Sec. 15. (a) If any health spa fails, or is alleged to have failed, to meet its obligations prior to the commencement of health spa services, the secretary of state shall hold a hearing and determine whether there has been such a failure, determine those persons who, as buyers, h…

liability; preservation of actions or defenses Sec. 16. (a) A purchaser of a health spa facility that offers health spa services to the public assumes all membership contract liability from the previous seller. (b) Any right of action or defense arising out of a health spa servic…

Sec. 16.5. (a) Except as provided in subsection (d), if any of a health spa's facilities or services described in the contract are no longer provided before full receipt of the services and use of facilities for which the buyer contracted, the buyer is entitled to a refund based …

Sec. 17. A purchaser of a health spa facility or a seller who violates this chapter commits a deceptive act that is actionable by the attorney general or by a buyer under IC 24-5-0.5, and is subject to the penalties set forth in that chapter. As added by P.L.249-1983, SEC.1. Amen…

Sec. 18. The secretary of state shall have all powers necessary to accomplish the responsibilities assigned to him in this chapter including but not limited to the authority to compel the production of financial statements and such other information as the secretary of state may …

Sec. 2. Every contract for health spa services shall be in writing and a copy shall be furnished to the buyer at the time the contract is formed. As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.14.

Sec. 3. (a) No contract for health spa services may require payments or financing by the buyer over a period in excess of thirty-six (36) months from the date that the contract is entered into. The term of a contract may not be measured by or be for the life of the buyer. (b) The…

Sec. 4. (a) A contract for health spa services to be rendered at an existing health spa facility must provide that the performance of the agreed upon services is to begin within forty-five (45) days from the date that the contract is entered into. (b) A contract for health spa se…

Sec. 5. (a) A copy of the buyer's cancellation rights under this chapter shall be furnished in writing to the buyer at the time the contract is formed. (b) In at least 10 point boldface type, every contract for health spa services must provide that the contract may be cancelled b…

Sec. 6. (a) In at least ten (10) point boldface type, every health spa services contract that has not been cancelled under section 5 of this chapter must provide that the buyer or the buyer's estate may cancel the contract if any of the following occur: (1) The buyer dies. (2) Th…

Sec. 7. The health spa may require and verify reasonable evidence of total physical disability or death. In the case of total physical disability, the health spa may also require that the buyer submit to a physical examination by a doctor agreeable to the buyer and the health spa…

Sec. 8. (a) All money paid pursuant to a contract for health spa services that is cancelled under this chapter shall be refunded within thirty (30) days of receipt of a notice of cancellation. However, in a cancellation under section 6 of this chapter, the seller may retain the p…

Sec. 9. The provisions of this chapter are not exclusive and do not relieve the parties from compliance with other applicable provisions of law. As added by P.L.249-1983, SEC.1.

Sec. 1. (a) The department shall enforce this article. To carry out this responsibility, the department may do the following: (1) Receive and act on complaints, take action designed to obtain voluntary compliance with this article, or commence proceedings on the department's own …

Sec. 2. (a) A person subject to this article shall make the books and records of the person reasonably available for inspection by the department or the department's representative. (b) At a minimum, every lessor shall keep a record of all payments remitted by the lessee on a ren…

Sec. 3. If it is claimed that a person has engaged in conduct subject to an order by the department or by a court under this chapter, the department may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of…

Sec. 1. An attorney or law firm retained by the consumer claimant in the civil proceeding may not have a financial interest in the CPAP provider offering a CPAP transaction to that consumer claimant. Additionally, any attorney who has referred the consumer claimant to the consume…

Sec. 1. This chapter applies to the following: (1) A towing company that tows and stores a motor vehicle under this article. (2) A storage facility that stores a motor vehicle that is towed by a towing company under this article, regardless of whether the towing company and the s…

Sec. 2. (a) Upon payment of all costs relating to a tow, the storage of a motor vehicle, and all allowable fees, as applicable, the towing company or storage facility shall release the motor vehicle to a properly identified person who owns or holds a lien on the motor vehicle. Ea…

Sec. 3. (a) As used in this section, "property" means any of the following: (1) A truck (as defined in IC 9-13-2-188). (2) A trailer (as defined in IC 9-13-2-184). (3) Cargo. (b) A person may file a complaint with the attorney general alleging a violation of this article under IC…

Sec. 1. (a) A controller in possession of de-identified data shall: (1) take reasonable measures to ensure that the data cannot be associated with an individual; (2) publicly commit to maintaining and using de-identified data without attempting to re-identify the data; and (3) co…

Sec. 2. The: (1) rights of a consumer set forth in IC 24-15-3-1(b)(1) through IC 24-15-3-1(b)(4); and (2) responsibilities of a controller under IC 24-15-4-1(1) through IC 24-15-4-1(5); do not apply to pseudonymous data in any case in which the controller is able to demonstrate t…

Sec. 3. A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address any b…