Title 24, TRADE REGULATION

Sec. 12. A rental company may bring an action to recover for damage based on a rental agreement. If the action is against a renter who is a resident of Indiana, the action shall be filed in the county of the renter's primary residence. As added by P.L.232-1989, SEC.1.

Sec. 13. A rental company and renter may agree that the renter will be responsible for no more than all of the following: (1) Physical damage to the rented vehicle up to its fair market value regardless of the cause of damage. (2) Mechanical damage to the rental vehicle, up to an…

Sec. 14. (a) The total amount of the renter's liability to the rental company resulting from damage to the rented vehicle may not exceed the sum of the following: (1) The estimated cost of replacement parts that the rental company would have to pay to replace damaged vehicle part…

Sec. 15. (a) The total amount of the liability of the renter or other authorized driver to the rental company for damage occurring during the rental period may not exceed the amount of the renter's liability under section 14 of this chapter. (b) A rental company may not recover f…

Sec. 16. (a) A rental company may not require a deposit or advance charge against the credit card of a renter, in any form, for damage to a rental vehicle that is in the care, custody, or control of the renter or other authorized driver. (b) If a renter's insurance deductible can…

Sec. 17. A rental company of a vehicle: (1) may not offer, display, quote, or advertise and charge in a rental agreement a periodic rate that does not include the entire amount to be charged, except for taxes, airport fees, and mileage, if any, that a renter must pay to rent the …

Sec. 18. Notwithstanding section 17(3) of this chapter, a rental company may charge for the rental of a vehicle, in addition to the rental rate, taxes, airport fees, and any mileage charge, an additional charge for an item or service provided during the rental of the vehicle if t…

Sec. 19. A rental agreement entered into in Indiana is unenforceable if the agreement does not conform to this chapter. As added by P.L.232-1989, SEC.1.

Sec. 2. As used in this chapter, "damage waiver" or "waiver" means any contract or contract provision, whether separate from or a part of a rental agreement, under which a rental company agrees to waive all claims against the renter for any physical or mechanical damage or other …

Sec. 20. A renter may bring an action against a rental company for recovery of damages and appropriate equitable relief for a violation of this chapter. The prevailing party may be awarded reasonable attorney's fees. As added by P.L.232-1989, SEC.1.

Sec. 21. Any waiver of any provision of this chapter is void and unenforceable. As added by P.L.232-1989, SEC.1.

Sec. 22. A rental company may not engage in any unfair, deceptive, or coercive act to induce a renter to purchase a damage waiver or any other optional good or service. As added by P.L.232-1989, SEC.1. Amended by P.L.19-2005, SEC.6.

Sec. 23. (a) If a rental company enters into at least one (1) rental agreement containing a damage waiver in Indiana during a calendar year, the rental company shall compile and maintain the following statistics concerning all the rental agreements the rental company enters into …

Sec. 24. A rental company who violates any provision of this chapter commits a deceptive act which is actionable under IC 24-5-0.5 and subject to the penalties of IC 24-5-0.5. As added by P.L.232-1989, SEC.1.

Sec. 3. As used in this chapter, "damage" means physical damage or loss to a vehicle, including loss of use of the vehicle and the cost and expenses incident to any damage or loss. As added by P.L.232-1989, SEC.1.

Sec. 4. As used in this chapter, "person" means an individual, a firm, a partnership, limited liability company, an association, a joint stock company, a corporation, a trust, an estate, or any combination of individuals. As added by P.L.232-1989, SEC.1. Amended by P.L.8-1993, SE…

Sec. 5. As used in this chapter, "rental agreement" means a written contract: (1) that authorizes a renter to use a vehicle made available by a rental company for a period of thirty (30) days or less; (2) under which a charge for use of the vehicle is made at a periodic rate; and…

Sec. 6. As used in this chapter, "renter" means a person who obtains the use of a vehicle from a rental company under a rental agreement. As added by P.L.232-1989, SEC.1.

Sec. 7. As used in this chapter, "rental company" means any person engaged in the business of regularly making available, or arranging for another person to use, a vehicle under a rental agreement. As added by P.L.232-1989, SEC.1.

Sec. 8. As used in this chapter, "vehicle" means a private passenger motor vehicle primarily designed for transporting passengers. The term includes passenger vans and minivans that are primarily designed for transporting passengers. As added by P.L.232-1989, SEC.1.

Sec. 8.5. As used in this chapter, "vehicle license cost recovery fee" means a charge imposed by a rental company to recover costs incurred by the rental company in licensing, titling, registering, plating, and inspecting a vehicle. As added by P.L.198-2016, SEC.653.

Sec. 9. A rental company may provide in a rental agreement that a damage waiver does not apply under any of the following circumstances: (1) The damage is caused by the authorized driver: (A) intentionally; or (B) through willful or wanton misconduct. (2) The damage arises out of…

Sec. 1. The following grades for sweet potatoes are hereby established and shall be known as the Indiana Grades for sweet potatoes. Grade No. 1 shall consist of cured sweet potatoes from warm air storage, shall be not less than one and one-half (1 1/2) inches and not more than th…

Sec. 1. A lessor who knowingly gives false or inaccurate information in a rental purchase agreement or a written disclosure required under this article commits a Class C misdemeanor. As added by P.L.254-1987, SEC.1.

Sec. 2. A lessor who knowingly fails to provide information that the lessor is required to disclose to a lessee or provide to the department under this article commits a Class C misdemeanor. As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.16.

Sec. 3. A lessor who knowingly makes a charge under a rental purchase agreement that: (1) is not authorized under this article; or (2) exceeds the amount authorized under this article; commits a Class C misdemeanor. As added by P.L.254-1987, SEC.1.

Sec. 4. (a) If a lessor violates this article and a lessee who is a party to the agreement prevails in the proceeding, the lessee may: (1) recover from the lessor committing the violation; or (2) set off in a counterclaim in any action by the lessor committing the violation; the …

Sec. 5. It is a defense in a criminal proceeding under sections 1 through 3 of this chapter or a civil proceeding under section 4 of this chapter that the lessor or an assignee of a lessor: (1) failed to comply with this article as a result of a bona fide clerical error; and (2) …

Sec. 6. It is a defense in a criminal proceeding under sections 1 through 3 of this chapter or a civil proceeding under section 4 of this chapter that the lessor complied with a rule adopted by the department. As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.17.

Sec. 7. Notwithstanding any other law, an action to recover the amounts described in section 4 of this chapter must be commenced within one (1) year after the action accrues. As added by P.L.254-1987, SEC.1.

Sec. 1. After December 31, 2016, a person may not regularly engage (as determined in accordance with IC 24-12-1-1(13)) in the business of making CPAP transactions with consumer claimants unless the person obtains, and maintains on an annual basis, a CPAP license issued by the dep…

Sec. 10. (a) The department may issue to a person licensed under this article an order to show cause why the license should not be revoked or suspended for a period determined by the department. (b) An order issued under subsection (a) must: (1) include: (A) a statement of the pl…

Sec. 11. (a) A CPAP provider required to be licensed under this article shall maintain records in conformity with United States generally accepted accounting principles and practices in a manner that will enable the department to determine whether the licensee is complying with t…

Sec. 12. (a) As used in this section, "control" means possession of the power directly or indirectly to: (1) direct or cause the direction of the management or policies of a CPAP provider, whether through the beneficial ownership of voting securities, by contract, or otherwise; o…

Sec. 3. A CPAP transaction entered into before July 1, 2016, is not subject to this article. As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.44.

Sec. 4. (a) Subject to subsection (f), the director may designate the NMLSR to serve as the sole entity responsible for: (1) processing applications and renewals for licenses required under section 1 of this chapter; (2) issuing unique identifiers for licensees under this chapter…

Sec. 5. (a) The department shall receive and act on all applications for licenses to regularly engage as a CPAP provider in CPAP transactions. Applications must be as prescribed by the director of the department of financial institutions. If, at any time, the information or recor…

Sec. 6. (a) When the director requests a national criminal history background check under section 5(d)(1) of this chapter for an individual described in section 5(b) of this chapter, the director shall require the individual to submit fingerprints to the department, state police …

Sec. 7. (a) If the director requests a credit report for an individual described in section 5(b) of this chapter, the individual to whom the request is made shall pay any fees or costs associated with procuring the report. (b) The individual must submit personal history and exper…

Sec. 8. (a) If required by the department, each CPAP provider licensed by the department under this article must be covered by a surety bond in accordance with this section in an amount not to exceed fifty thousand dollars ($50,000). (b) Any surety bond required under this sectio…

Sec. 9. (a) A license issued under this article must be renewed not later than December 31 of each calendar year. The minimum standards for license renewal for a CPAP provider include the following: (1) Payment by the CPAP provider of all required fees for renewal of the license.…

Sec. 1. A towing company shall not do any of the following: (1) Falsely represent, either expressly or by implication, that the towing company represents or is approved by any organization that provides emergency road service for disabled motor vehicles. (2) Require the owner or …

Sec. 2. A towing company or a storage facility shall not do any of the following: (1) Upon payment of all costs relating to a tow, motor vehicle storage, and all allowable fees, as applicable, refuse to release the motor vehicle during regular office hours to a properly identifie…

Sec. 1. Whenever the attorney general has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this article, the attorney general is empowered to issue a civil investigative demand to investigate the suspected viola…