Title 24, TRADE REGULATION

Sec. 3. A person may not, with intent to deceive, knowingly or intentionally send, deliver, or transmit a bill, an invoice, or a statement of account due, or a writing that could reasonably be interpreted as a bill, an invoice, or a statement of account due, to solicit payment of…

Sec. 4. A person that is not a governmental entity may not knowingly or intentionally send, deliver, or transmit a writing that purports to be a compliance notice, legal notice, or other notice of a governmental entity, or a writing that could reasonably be interpreted to be a co…

Sec. 5. A person may not knowingly or intentionally send, deliver, or transmit a solicitation for goods if the solicitation indicates that goods have been shipped to or services performed for the recipient and the goods have not been shipped or the services have not been performe…

Sec. 6. The provisions of this chapter are not exclusive and do not relieve a person of compliance with other applicable provisions of law. As added by P.L.176-1997, SEC.1.

Sec. 7. A contract entered into in reliance on a solicitation that does not comply with this chapter is voidable by the party that relied on the solicitation. As added by P.L.176-1997, SEC.1.

Sec. 8. A waiver of a person's rights under all or part of this chapter is void and unenforceable. As added by P.L.176-1997, SEC.1.

Sec. 9. A person that receives a solicitation that violates the provisions of this chapter may: (1) bring an action in the circuit or superior court of the county of the person's residence for recovery of the person's actual damages resulting from the violation, including court c…

Sec. 1. The following definitions apply throughout this chapter: (1) "Currency" means a coin made of gold, silver, or other metal or paper money that is or has been used as legal tender. (2) "Foreign entity" means: (A) if the person is a sole proprietor, an individual who does no…

Sec. 2. The secretary may issue a temporary registration in accordance with this chapter to a foreign entity that: (1) wishes to sell precious metals bullion or currency at a trade fair or coin show in Indiana; (2) is not otherwise lawfully authorized to conduct business in India…

Sec. 3. A temporary registration issued under this chapter expires not later than twenty-eight (28) days after the date on which the temporary registration is issued. As added by P.L.195-2016, SEC.2. Amended by P.L.85-2017, SEC.92.

Sec. 4. A foreign entity that wishes to obtain a temporary registration to sell precious metals bullion or currency at a trade fair or coin show in Indiana under this chapter must do the following: (1) Submit an application to the secretary in the form and the manner prescribed b…

Sec. 5. A foreign entity registered under this chapter is entitled to sell precious metals bullion and currency at a trade fair or coin show in Indiana during the term of the temporary registration if the contract: (1) is for the purchase of precious metals bullion or currency; (…

Sec. 6. A foreign entity may not sell precious metals bullion or currency at a trade fair or coin show in Indiana unless the foreign entity: (1) registers with the secretary of state under this chapter; or (2) is otherwise authorized to conduct business in Indiana. As added by P.…

Sec. 7. Fees collected under this chapter shall be deposited in the electronic and enhanced access fund established by IC 4-5-10-5. As added by P.L.195-2016, SEC.2.

Sec. 1. This chapter does not apply to assistive devices purchased by, leased by, or transferred to a consumer before July 1, 1999. As added by P.L.85-1999, SEC.1.

Sec. 10. Notwithstanding any other law, in addition to any express warranty furnished by the manufacturer of an assistive device, the manufacturer is also considered to have warranted both of the following for a period of one (1) year from the date of first delivery to the consum…

Sec. 11. If, after reasonable attempt to repair, a nonconformity is not repaired, the consumer must return the assistive device to the dealer and the manufacturer shall do either of the following: (1) Do both of the following: (A) Accept return of the nonconforming assistive devi…

Sec. 12. An assistive device returned due to a nonconformity under this chapter by a consumer or an assistive device lessor in Indiana or any other state may not be sold or leased again in Indiana unless full disclosure of the reason for the return is made to any prospective buye…

Sec. 13. (a) The remedies afforded by this chapter are: (1) cumulative; (2) not exclusive; and (3) in addition to any other legal or equitable remedies available to the consumer. (b) In addition to any other remedies available, a consumer who suffers loss as a result of any viola…

Sec. 14. (a) A manufacturer's exclusion or limitation of the warranties or consumer remedies provided by this chapter is void. (b) A purported waiver of rights to legal action or arbitration by a consumer within an assistive device purchase agreement is void. As added by P.L.85-1…

Sec. 2. As used in this chapter, "assistive device" means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in Indiana that is used for a major life activity. The term includes the following devices: (1) Manual wheelchairs, motorized wheel…

Sec. 3. As used in this chapter, "collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the reasonable costs of obtaining an alternative assistive device. The term does not include the cost of an alternative assistive …

Sec. 4. As used in this chapter, "consumer" means any of the following: (1) An individual who is a person with a disability as defined in the federal Americans With Disabilities Act (42 U.S.C. 12101(2)) or the individual's legal representative: (A) who has purchased an assistive …

Sec. 5. As used in this chapter, "dealer" means a person who is in the business of selling or dispensing assistive devices. As added by P.L.85-1999, SEC.1.

Sec. 6. As used in this chapter, "demonstrator" means an assistive device used primarily for the purpose of demonstration to the public or loan to a consumer. As added by P.L.85-1999, SEC.1.

Sec. 7. As used in this chapter, "manufacturer" means a person that manufactures or assembles assistive devices. The term includes the agents of that person, an importer, a factory branch, and any warrantors of the person's assistive device. The term does not include a profession…

Sec. 8. (a) As used in this chapter, "nonconformity" means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components. (b) The term does not include a condition or defect of the assistive device that: (1) i…

Sec. 9. For purposes of this chapter, a "reasonable attempt to repair" has occurred if, within one (1) year after the date of first delivery of the assistive device, either of the following applies: (1) The same nonconformity has been subject to repair two (2) or more times by th…

Sec. 1. The following definitions apply throughout this chapter: (1) "Certificate of analysis" means a certificate from an independent testing laboratory describing the results of the laboratory's testing of a sample. (2) "Independent testing laboratory" means a laboratory: (A) w…

Sec. 2. A person may distribute low THC hemp extract in Indiana only if the product: (1) has been approved by the federal Food and Drug Administration or the federal Drug Enforcement Agency as a prescription or over the counter drug; or (2) meets the requirements of this chapter.…

Sec. 3. A person may distribute low THC hemp extract in Indiana only if the distributor has a certificate of analysis prepared by an independent testing laboratory showing: (1) that the low THC hemp extract is the product of a batch tested by the independent testing laboratory; (…

Sec. 4. (a) Except as provided in subsection (b), low THC hemp extract must be distributed in packaging that contains the following information: (1) A scannable bar code or QR code linked to a document that contains information with respect to the manufacture of the low THC hemp …

Sec. 5. This section applies after June 30, 2018. A person who distributes low THC hemp extract in violation of this chapter commits a Class B infraction. However, the offense is a Class A infraction if the person has a prior unrelated judgment for a violation of this chapter. Th…

Sec. 1. This chapter does not apply to the following: (1) Eye or vision care services, glasses, or contact lenses provided by an optometrist or ophthalmologist. (2) A card, device, or other purchasing mechanism that is not insurance but that is administered in conjunction with a …

Sec. 2. As used in this chapter, "person" has the meaning set forth in IC 24-5-0.5-2. As added by P.L.230-2001, SEC.1.

Sec. 3. A person may not sell, market, promote, advertise, or distribute a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases in the following situations: (1) The card, devi…

Sec. 4. A person who is not exempt under section 1 of this chapter and who sells, markets, promotes, advertises, or distributes a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device pu…

Sec. 5. A contract entered into to purchase a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases that does not comply with this chapter is voidable by the purchaser. As adde…

Sec. 6. (a) The attorney general, a prosecuting attorney, or an individual may maintain an action to enjoin any act that is in violation of this chapter and for the recovery of damages. (b) An action brought under this section may be brought in the county where: (1) the plaintiff…

Sec. 7. (a) The provisions of this chapter are not exclusive and do not relieve a person from compliance with other applicable provisions of law. (b) The penalties in this chapter are cumulative and in addition to any other applicable penalties. (c) A person that violates this ch…

Sec. 1. As used in this chapter, "low THC hemp extract" has the meaning set forth in IC 35-48-1.1-27. As added by P.L.153-2018, SEC.10. Amended by P.L.10-2019, SEC.106; P.L.186-2025, SEC.132.

Sec. 2. This chapter does not apply to the sale of a product that has been approved by the federal Food and Drug Administration or the federal Drug Enforcement Agency as a prescription or over the counter drug. As added by P.L.153-2018, SEC.10.

Sec. 3. (a) Except as provided in subsection (b), a person may sell low THC hemp extract at retail only if the packaging complies with the requirements of IC 24-4-21-4. (b) Before July 1, 2018, a person may sell low THC hemp extract at retail even if the packaging does not comply…

Sec. 4. This section applies after June 30, 2018. A person who violates section 3 of this chapter commits a Class C infraction. However, the violation is a Class B infraction if the person has one (1) prior unrelated judgment for a violation of section 3 of this chapter, and a Cl…

Sec. 1. As used in this chapter, "assist the transmission" means to provide substantial assistance or support that enables a person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person providing the assistance knows or…

Sec. 10. (a) The following have a right of action against a person who initiates or assists the transmission of a commercial electronic mail message that violates this chapter: (1) A person who receives the commercial electronic mail message. (2) An interactive computer service t…