Title 24, TRADE REGULATION

Sec. 5. As used in this chapter, "place of primary use" means the street address representative of where a subscriber's use of a telecommunications service or interconnected VOIP service primarily occurs, which must be: (1) the residential street address or the primary business s…

Sec. 6. As used in this chapter, "provider" means a person that offers telecommunications service or interconnected VOIP service. As added by P.L.151-2013, SEC.8.

Sec. 7. As used in this chapter, "subscriber" means a person: (1) that subscribes to a caller identification service in connection with: (A) a telecommunications service; or (B) an interconnected VOIP service; to which the person subscribes; and (2) whose place of primary use for…

Sec. 8. As used in this chapter, "telecommunications service" has the meaning set forth in 47 U.S.C. 153. As added by P.L.151-2013, SEC.8.

Sec. 9. Except as provided in section 10 of this chapter, a person shall not, in connection with any telecommunications service or interconnected VOIP service, knowingly and with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value, caus…

Sec. 1. This chapter applies after December 31, 2019. As added by P.L.280-2019, SEC.6.

Sec. 2. As used in this chapter, "debt" has the meaning set forth in 15 U.S.C. 1692a(5). As added by P.L.280-2019, SEC.6. Amended by P.L.156-2020, SEC.89.

Sec. 3. (a) As used in this chapter, "debt buyer" means a person that is regularly engaged in the business of purchasing debt for collection purposes, regardless of whether the person: (1) collects the debt; (2) hires another person to collect the debt; or (3) hires an attorney f…

Sec. 4. As used in this chapter, "person" has the meaning set forth in IC 24-5-0.5-2. As added by P.L.280-2019, SEC.6.

Sec. 5. (a) If a debt buyer brings an action on a debt, or an arbitration proceeding requesting a judgment on a debt, the plaintiff debt buyer shall attach with the initial pleading the following: (1) One (1) of the following: (A) If a signed contract or other writing evidencing …

Sec. 6. Failure of a plaintiff debt buyer described in section 5 of this chapter to comply with section 5(a) of this chapter is a deceptive act that is actionable by the attorney general under IC 24-5-0.5 and is subject to the penalties listed in IC 24-5-0.5. As added by P.L.280-…

Sec. 1. As used in this chapter, "person" has the meaning set forth in IC 35-31.5-2-234. As added by P.L.92-2008, SEC.3. Amended by P.L.114-2012, SEC.48.

Sec. 2. (a) As used in this chapter, "sexually explicit materials" means a product or service: (1) that is harmful to minors (as described in IC 35-49-2-2), even if the product or service is not intended to be used by or offered to a minor; or (2) that is designed for use in, mar…

Sec. 3. A person or an employee or agent of a person may not offer for sale or sell sexually explicit materials unless a registration and statement are properly filed under IC 23-1-55. As added by P.L.92-2008, SEC.3. Amended by P.L.1-2009, SEC.133.

Sec. 4. A person or an employee or agent of a person who knowingly or intentionally offers for sale or sells sexually explicit materials in violation of this chapter commits unregistered sale of sexually explicit materials, a Class B misdemeanor. As added by P.L.92-2008, SEC.3.

Sec. 1. As used in this chapter, "adjusted or net capitalized cost" means the capitalized cost, less any capitalized cost reduction payments made by a retail lessee at the inception of a lease agreement. The adjusted or net capitalized cost is the basis for calculating the amount…

Sec. 10. A trade-in vehicle used, in whole or in part, to pay amounts due at lease signing or delivery of a leased vehicle must be identified: (1) as a trade-in vehicle in the lease agreement; and (2) by year, make, and model. The lease agreement must state the net credit of the …

Sec. 11. A bona fide printing error identified on the face of the lease agreement does not constitute a violation of this chapter. As added by P.L.151-2015, SEC.80.

Sec. 12. (a) A retail lessor who fails to comply with the requirements of this chapter is liable to the retail lessee for: (1) actual damages sustained; (2) a civil penalty of not more than one thousand dollars ($1,000) per lease transaction; and (3) reasonable attorney's fees an…

Sec. 13. A civil suit described under section 12 of this chapter may be brought on behalf of a consumer by the attorney general. As added by P.L.151-2015, SEC.80.

Sec. 14. An action authorized by sections 12 and 13 of this chapter must be brought not later than three (3) years after the date the lease agreement is signed. As added by P.L.151-2015, SEC.80.

Sec. 2. (a) As used in this chapter, "capitalized cost" means the amount that, after deducting any capitalized cost reduction, serves as the basis for determining the base lease payment, which is the part of the periodic lease payment that is the sum of: (1) the average periodic …

Sec. 3. As used in this chapter, "capitalized cost reduction" means a payment made by cash, check, credit card, debit card, net vehicle trade-in, rebate, or other similar means in the nature of a down payment or credit, made by a retail lessee at the inception of a lease agreemen…

Sec. 4. As used in this chapter, "lease agreement" means a written agreement entered into in Indiana for the transfer from a retail lessor to a retail lessee of the right to possess and use a motor vehicle in exchange for consideration for a scheduled term exceeding four (4) mont…

Sec. 5. As used in this chapter, "lease transaction" means a presentation made to a retail lessee concerning a motor vehicle, including a sales presentation or a document presented to the retail lessee, resulting in the execution of a lease agreement. As added by P.L.151-2015, SE…

Sec. 6. As used in this chapter, "retail lessee" means an individual who executes a lease agreement for a motor vehicle from a retail lessor primarily for personal, family, or household purposes. As added by P.L.151-2015, SEC.80.

Sec. 7. As used in this chapter, "retail lessor" means a person who regularly engages in the business of selling or leasing motor vehicles and who offers or arranges a lease agreement for a motor vehicle. The term includes an agent or affiliate who acts on behalf of the retail le…

Sec. 8. As used in this chapter, "vehicle" has the meaning set forth in IC 9-13-2-196. As added by P.L.151-2015, SEC.80.

Sec. 9. A retail lessor shall do the following: (1) Comply with the requirements of Regulation M (12 CFR 213) for disclosure of gross capitalized cost, capitalized cost reduction, and adjusted capitalized cost adopted under the federal Truth in Lending Act (15 U.S.C. 1601 et seq.…

Sec. 1. As used in this chapter, "affiliate" means any person who directly or indirectly controls, is controlled by, or is under common control of another person. As added by P.L.136-2023, SEC.1.

Sec. 2. (a) As used in this chapter, "covered establishment" means a: (1) restaurant; or (2) food service establishment; that offers, in a single transaction, whether directly or through a third party food delivery service, the sale and same-day delivery or pick up of food and be…

Sec. 3. As used in this chapter, "online order" means an order that is: (1) placed by a customer of a covered establishment; (2) for food and beverages prepared or provided by the covered establishment; (3) for same-day delivery or pick up in Indiana; and (4) made through an onli…

Sec. 4. As used in this chapter, "person" means an individual, a corporation, a partnership, an association, or another legal entity. As added by P.L.136-2023, SEC.1.

Sec. 5. (a) As used in this chapter, "third party food delivery service" means a person that: (1) uses an online modality or platform, such as: (A) a website; (B) a mobile application; or (C) another Internet service; to offer or arrange for the sale, and same-day delivery or pic…

Sec. 6. (a) A third party food delivery service may not provide any services related to facilitating, processing, or delivering an online order for a covered establishment unless the covered establishment expressly agrees in a signed writing, or through an electronic agreement si…

Sec. 7. (a) If a third party food delivery service: (1) provides services related to facilitating, processing, or delivering an online order for a covered establishment without the covered establishment's express agreement to allow the third party food delivery service to provide…

Sec. 8. The remedies set forth in this chapter are: (1) cumulative; (2) nonexclusive; and (3) in addition to any other legal or equitable remedy available to a person aggrieved by a violation of this chapter. As added by P.L.136-2023, SEC.1.

Sec. 1. (a) As used in this chapter, "appraisal" means an estimation that: (1) represents the final opinion of the value of real property that is the subject of a real estate transaction; and (2) serves as the basis for the extension of credit, in the case of a real estate transa…

Sec. 2. As used in this chapter, "appraisal company" means a sole proprietorship, firm, corporation, partnership, limited liability company, limited liability partnership, joint venture, trust, or other business unit or association that: (1) performs appraisals on a regular basis…

Sec. 3. (a) As used in this chapter, "creditor" means a person: (1) that regularly engages in Indiana in the extension of mortgage loans that are subject to a credit service charge or loan finance charge, as applicable, or are payable by written agreement in more than four (4) in…

Sec. 3.7. As used in this chapter, "land contract" means a contract for the sale of real estate in which the seller of the real estate retains legal title to the real estate until the total contract price is paid by the buyer. As added by P.L.89-2011, SEC.20.

Sec. 4. (a) As used in this chapter, "mortgage loan" means a loan in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against an interest in real property in Indiana. (b) The term includes the following: (1) A ho…

Sec. 5. As used in this chapter, "real estate appraiser" means a person who prepares the appraisal for a real estate transaction in Indiana, regardless of whether the person is licensed or certified, or required to be licensed or certified, under the real estate appraiser licensu…

Sec. 6. As used in this chapter, "real estate transaction" means a transaction that involves one (1) or both of the following: (1) The sale or lease of any legal or equitable interest in real estate located in Indiana. (2) The making, refinancing, or consolidation of a mortgage l…

Sec. 7. A person shall not corrupt or improperly influence, or attempt to corrupt or improperly influence: (1) the independent judgment of a real estate appraiser with respect to the value of the real estate that is the subject of a real estate transaction; or (2) the development…

Sec. 8. (a) This subsection applies with respect to a completed application for a mortgage loan that is received by a creditor after December 31, 2009. A creditor shall, not later than three (3) business days after receiving a completed written application for a mortgage loan fro…