Title 24, TRADE REGULATION

Sec. 5. (a) A person may not manufacture, by use of a direct molding process, a watercraft or its component part manufactured by another person without permission of that other person. (b) A person may not sell a watercraft or its component part manufactured in violation of subse…

Sec. 6. (a) A person injured by a violation of section 5 of this chapter may bring a civil action for: (1) injunctive relief; (2) actual damages caused by the violation; (3) treble damages; and (4) costs and reasonable attorney's fees. (b) Injunctive relief may be granted for a v…

Sec. 7. This chapter applies to products duplicated using a mold made after August 31, 1987. As added by P.L.250-1987, SEC.1.

Sec. 1. As used in this chapter: "Business opportunity" means an investment that: (1) involves the sale or lease or offer to sell or lease any goods or services to an investor that are to be used by the investor in beginning or operating a business; (2) involves an initial paymen…

Sec. 1.5. Sections 2, 3, 4, 13, 15, and 19 of this chapter do not apply to a substantial seller. As added by P.L.252-1987, SEC.2.

Sec. 10. A seller may not require the investor to execute any note that will cut off a right or defense that the investor or a third party may have against the seller. As added by P.L.134-1984, SEC.1.

Sec. 11. A seller may not require an initial cash payment that exceeds twenty percent (20%) of the initial payment. As added by P.L.134-1984, SEC.1.

Sec. 12. A seller may not require a payment before the delivery of any goods that exceeds twenty percent (20%) of the initial payment unless the amount in excess of the twenty percent (20%) payment is placed in an escrow account which provides that the money can not be released u…

Sec. 13. A seller may not make any reference to its compliance with this chapter in any advertisement or other contact with an investor other than by setting forth the registration number as provided in section 4 of this chapter. As added by P.L.134-1984, SEC.1.

Sec. 14. A seller may not use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business that does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard…

Sec. 15. If a seller fails to comply with section 2 of this chapter, the investor may cancel any contract by notifying the seller in any manner. As added by P.L.134-1984, SEC.1.

Sec. 16. (a) If a seller: (1) uses any untrue, misleading, or deceptive statements in a business opportunity transaction; (2) fails to deliver the goods or services necessary to begin substantial operation of the business within forty-five (45) days of the delivery date stated in…

Sec. 17. Notwithstanding any other section of this chapter, a person who is damaged by a seller's failure to comply with this chapter or by a seller's breach of a contract may: (1) bring an action for recovery of his actual damage including attorney fees; and (2) bring an action …

Sec. 18. Upon complaint by any person that a seller has failed to comply with this chapter, the circuit or superior court of the county of residence of the complainant may enjoin the seller from further violations. As added by P.L.134-1984, SEC.1.

Sec. 19. A person who fails to comply with section 4 of this chapter commits a Level 6 felony. As added by P.L.134-1984, SEC.1. Amended by P.L.158-2013, SEC.274.

Sec. 2. (a) At least seventy-two (72) hours before the time the investor signs a contract, or at least seventy-two (72) hours before receipt of any consideration by the seller, whichever occurs first, the seller shall provide the investor a written disclosure document, the cover …

Sec. 20. A person who fails to comply with any provision of this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4(c) and is subject to the penalties enumerated in IC 24-5-0.5. As added by P.L.134-1984, SEC.1.

Sec. 21. Nothing in this chapter shall be construed as relieving a person from complying with IC 23-2-2.5, IC 23-2-2.7, and IC 23-19. As added by P.L.134-1984, SEC.1. Amended by P.L.27-2007, SEC.24.

Sec. 3. (a) A seller shall obtain a surety bond issued by a surety company authorized to do business in Indiana. The amount of the bond must be at least twenty (20) times the initial payment required for the business opportunity, but not less than seventy-five thousand dollars ($…

Sec. 4. (a) Before placing any advertisement or making any other representations to any investor in Indiana, the seller shall: (1) file a copy of the disclosure statement required by section 2 of this chapter and the bond required by section 3 of this chapter with the consumer pr…

Sec. 5. (a) If the seller represents that the business opportunity provides earning potential of any kind, the seller shall have data to substantiate the claims of earning potential and shall give to the investor at the first in person communication by the seller a copy of this d…

Sec. 6. (a) The seller shall put every contract in writing and shall give the investor a copy of the contract at the time the investor signs the contract. (b) The seller shall include in every contract the following: (1) The seller's business address and the name and business add…

Sec. 7. (a) Every seller shall keep and maintain a complete set of books, records, and accounts of business opportunity transactions made by the seller. (b) The seller shall keep all documents relating to each contract entered into by the seller for four (4) years after the date …

Sec. 8. Any waiver by an investor of the provisions of this chapter is deemed contrary to public policy and is void and unenforceable. As added by P.L.134-1984, SEC.1.

Sec. 9. A seller may not attempt to have an investor waive rights given to the investor by this chapter. As added by P.L.134-1984, SEC.1.

Sec. 1. It is a Class C infraction for a person to pack for sale, sell, offer, or expose for sale any of the following commodities except in containers of net avoirdupois weights of five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of o…

Sec. 1. A lessor shall file notification with the department: (1) within thirty (30) days after soliciting or entering into a rental purchase agreement subject to this article; and (2) before February 1 in each subsequent year that the lessor solicits or enters into a rental purc…

Sec. 2. The notification required under section 1 of this chapter must include the following: (1) The name of the lessor. (2) The name in which business is transacted if different from subdivision (1). (3) The address of the principal office, which may be outside Indiana if it is…

Sec. 3. After a lessor has filed an initial or a subsequent notification under section 1 of this chapter, the lessor shall notify the department not later than thirty (30) days after: (1) the lessor has a change in name or address; (2) the lessor opens a new office or store, clos…

Sec. 4. (a) A lessor required to file a notification with the department under section 1 of this chapter shall pay to the department the following fees: (1) A fee fixed by the department under IC 28-11-3-5 with the initial notification filed with the department. (2) A fee fixed b…

Sec. 5. Before appointing or hiring any director, executive officer, or Indiana store manager, a lessor must perform a criminal background check on the candidate and retain, until the department's next examination of the lessor is completed, records of the background check in the…

Sec. 6. (a) Subject to subsection (b), a lessor required to file notification and pay fees under this chapter may conduct other business, including offering for sale to members of the general public: (1) property and services that were or may be the subject of a rental purchase a…

Sec. 1. No communication between the consumer claimant's attorney in the civil proceeding and the CPAP provider with respect to the CPAP transaction limits, waives, or abrogates the scope or nature of any statutory or common law privilege, including the work product doctrine and …

Sec. 1. A towing company or storage facility shall charge a fee for towing, clean-up services, or storage of a motor vehicle that is reasonable and may not exceed the storage rates allowed under IC 9-22-1-4. As added by P.L.281-2019, SEC.5. Amended by P.L.227-2025, SEC.49.

Sec. 2. All services provided by a towing company or storage facility, including any warranty service or zero cost service, shall be recorded on an invoice. The towing company or storage facility shall: (1) maintain the invoice described in this section for a period of not less t…

Sec. 3. Upon demand, a towing company or storage facility shall furnish a copy of the invoice described in IC 24-14-5 and all supporting documentation, including payroll records and copies of invoices from third parties that are included on the invoice, to a local law enforcement…

Sec. 1. (a) This article shall not be construed to restrict a controller's or processor's ability to do any of the following: (1) Comply with federal, state, or local laws, rules, or regulations or, in the case of an owner of a riverboat licensed under IC 4-33-6, implement and op…

Sec. 2. The obligations imposed on a controller or a processor under this article do not prohibit or restrict a controller or processor from collecting, using, or retaining data to do the following: (1) Conduct internal research to develop, improve, or repair products, services, …

Sec. 3. The obligations imposed on a controller or a processor under this article do not apply if compliance by the controller or processor with this article would violate an evidentiary privilege under Indiana law. This article shall not be construed to prohibit a controller or …

Sec. 4. A controller or processor that discloses personal data to a third party controller or processor in compliance with this article is not in violation of this article if the third party controller or processor that receives and processes the personal data violates this artic…

Sec. 5. This article: (1) shall not be construed as an obligation imposed on controllers and processors that adversely affects the rights or freedoms of any persons, such as exercising the right of free speech under the First Amendment to the Constitution of the United States; an…

Sec. 6. Nothing in this article shall be construed as requiring a controller to disclose trade secrets. As added by P.L.94-2023, SEC.1.

Sec. 7. (a) Personal data processed by a controller for a purpose authorized under this chapter may not be processed for any other purpose unless otherwise allowed under this article. Personal data processed by a controller under this chapter may be processed to the extent that s…