Title 37, CONSUMER LENDING

Sec. 13. With respect to an action brought to enjoin violations of this article under section 11 of this chapter or unconscionable agreements or fraudulent or unconscionable conduct under section 12 of this chapter, the department may apply to the court for appropriate temporary …

Sec. 14. (a) After demand, the department may bring a civil action against a creditor for making or collecting charges in excess of those permitted by this article. An action may relate to transactions with more than one debtor. If it is found that an excess charge has been made,…

Sec. 15. The grant of powers to the department in this article does not affect remedies available to debtors under this article or under other principles of law or equity. [Pre-2026 Revision Citation: 24-4.5-6-115.] As added by P.L.115-2026, SEC.97.

Sec. 16. The department may bring actions or proceedings in a court in a county in which an act on which the action or proceeding is based occurred or in a county in which respondent resides or transacts business or in a county otherwise authorized by rule or venue laws. [Pre-202…

Sec. 17. (a) Subject to subsection (b), if the director determines that a director, an officer, or a manager of a creditor: (1) has committed a violation of a statute, a rule, a final cease and desist order, a condition imposed in writing by the director in connection with the gr…

Sec. 18. (a) A notice issued under section 17 of this chapter must: (1) be in writing; (2) contain a statement of: (A) the facts constituting the alleged violation, practice, or breach; (B) the facts alleged in support of the violation, practice, or breach; and (C) the director's…

Sec. 19. If the director enters into a consent to a final order with a director, an officer, or a manager, the director is not required to issue and serve a notice of charges upon the director, officer, or manager under section 17 of this chapter. A consent agreement may be negot…

Sec. 2. The division of consumer credit shall have charge of the administration of this article. [Pre-2026 Revision Citation: 24-4.5-6-103.] As added by P.L.115-2026, SEC.97.

Sec. 20. (a) Subject to section 18 of this chapter, if, after a hearing described in section 18(b) of this chapter, the department determines that a director, an officer, or a manager of a creditor has committed an act described in section 17 of this chapter, the department may i…

Sec. 21. (a) A final order issued under section 20 of this chapter is effective the eleventh day after the date the order is served. However, a final order issued upon consent under section 19 of this chapter is effective at the time specified in the order. (b) A final order rema…

Sec. 22. (a) The director or the department, as appropriate, shall consider the following factors in determining the amount of a civil penalty that should be assessed against a director or an officer under section 20(c)(3) of this chapter: (1) The appropriateness of the civil pen…

Sec. 23. The director may enforce any of the following by applying for appropriate relief to a court having jurisdiction: (1) An order issued under section 19 or 20 of this chapter. (2) A written agreement entered into by the director or the department and a director, an officer,…

Sec. 24. (a) This section and sections 25 and 26 of this chapter apply to a person, including a depository institution, but not including a collection agency licensed under IC 25-11-1, engaged in Indiana in any of the following: (1) Making consumer credit sales, consumer leases, …

Sec. 25. (a) Persons that are subject to this section and sections 24 and 26 of this chapter shall file notification with the department within thirty (30) days after commencing business in Indiana and thereafter on an annual basis, on the date set forth in subsection (b). The no…

Sec. 26. (a) Persons required to file notification who are sellers, lessors, or lenders shall pay a fee in an amount and at intervals to be prescribed by the director under IC 28-11-3-5. The fee shall be a set amount for each one hundred thousand dollars ($100,000), or part there…

Sec. 27. IC 37-2-4-23 and sections 24 through 26 of this chapter are not applicable to services performed by attorneys. [Pre-2026 Revision Citation: 24-4.5-6-204.] As added by P.L.115-2026, SEC.97.

Sec. 3. (a) In addition to other powers granted by this article, the department within the limitations provided by law may: (1) receive and act on complaints, take action designed to obtain voluntary compliance with this article, or commence proceedings on the department's own in…

Sec. 4. (a) With respect to depository institutions, the powers of examination and investigation (section 5 of this chapter) and administrative enforcement (section 9 of this chapter) shall be exercised by the department. The department may, at its discretion, accept any examinat…

Sec. 5. (a) In administering this article and in order to determine whether the provisions of this article are being complied with by persons engaging in acts subject to this article, the department may examine the records of persons and may make investigations of persons as may …

Sec. 6. To carry out the purposes of this chapter, the director may: (1) retain attorneys, accountants, or other professionals and specialists as examiners, auditors, or investigators to conduct or assist in the conduct of examinations or investigations; (2) enter into agreements…

Sec. 7. Except as otherwise provided, IC 4-21.5-3 governs all agency action taken by the department under this chapter or IC 37-2-4-22 through IC 37-2-4-39. All proceedings for administrative review under IC 4-21.5-3 or judicial review under IC 4-21.5-5 shall be held in Marion Co…

Sec. 8. It is a violation of this article for a person or individual subject to this article to: (1) directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person; (2) engage in any unfair or deceptive practice t…

Sec. 9. (a) After notice and an opportunity to be heard, the department may order a creditor, or a person acting on behalf of the creditor, to cease and desist from engaging in violations of this article. A respondent aggrieved by an order of the department may obtain judicial re…

Sec. 1. The state is the sole regulator of the business of originating, granting, servicing, and collecting loans and other forms of credit in Indiana and the manner in which the business is conducted. This regulation preempts all other regulation of these activities by any polit…

Sec. 2. Political subdivisions may not: (1) enact, issue, or enforce ordinances, resolutions, regulations, orders, requests for proposals, or requests for bids pertaining to financial or lending activities, including ordinances, resolutions, and rules that disqualify persons from…