Title 37, CONSUMER LENDING

Sec. 6. (a) If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or pro…

Sec. 7. (a) With respect to a consumer credit sale, consumer lease, or consumer loan, if the court as a matter of law finds the agreement or any clause of the agreement to have been unconscionable at the time it was made the court may refuse to enforce the agreement, or it may en…

Sec. 8. For purposes of the provisions on civil liability for violation of disclosure provisions set forth in section 10 of this chapter and on a debtor's right to rescind certain transactions set forth in section 11 of this chapter a: (1) consumer credit sale includes a sale tha…

Sec. 9. (a) If a creditor has violated the provision of this article applying to limitations on the schedule of payments or loan term for supervised loans (IC 37-2-4-38), the debtor is not obligated to pay the loan finance charge, and has a right to recover from the person violat…

Sec. 1. (a) A servicer of a high cost home loan shall report at least once each calendar quarter to a nationally recognized consumer credit reporting agency both the favorable and unfavorable payment history information of the borrower on payments due to the creditor on a high co…

Sec. 1. (a) Sections 1 through 16 of this chapter apply to persons who: (1) make or solicit consumer credit sales, consumer leases, consumer loans, consumer related sales (as described in IC 37-2-2-13.5), and consumer related loans (as described in IC 37-2-2-13.3); or (2) directl…

Sec. 10. If it is claimed that a person has engaged in conduct subject to an order by the department under section 9 of this chapter or by a court under sections 11 through 13 of this chapter, the department may accept an assurance in writing that the person will not engage in th…

Sec. 11. The department may bring a civil action to restrain a person from violating this article or another state or federal law or regulation, and for other appropriate relief. [Pre-2026 Revision Citation: 24-4.5-6-110.] As added by P.L.115-2026, SEC.97.

Sec. 12. (a) The department may bring a civil action to restrain a creditor or a person acting in behalf of a creditor from engaging in a course of: (1) making or enforcing unconscionable terms or provisions of consumer credit sales, consumer leases, or consumer loans; (2) fraudu…

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…

Sec. 1. A person who knowingly or intentionally violates this article commits: (1) a Class A misdemeanor; and (2) except for a violation of IC 37-5-3-7(c)(4) by a person required to be licensed by the department of financial institutions, an act that is actionable by the attorney…

Sec. 2. (a) The attorney general and the attorney general's homeowner protection unit established under IC 4-6-12 shall enforce this article. An action may not be brought under this article more than five (5) years after the occurrence of the violation. (b) The attorney general m…

Sec. 3. (a) This section does not apply to a violation of IC 37-5-3-7(c)(4) by a person required to be licensed by the department of financial institutions. The attorney general may bring an action to enjoin a violation of this article. A court in which the action is brought may:…

Sec. 4. The attorney general may file complaints with any of the agencies listed in IC 4-6-12-4 to implement this chapter. [Pre-2026 Revision Citation: 24-9-8-4.] As added by P.L.115-2026, SEC.97.

Sec. 1. The county recorder shall assess a fee for each mortgage recorded that shall be paid to the county treasurer at the end of each calendar month as set forth in IC 36-2-7-10(c)(2). [Pre-2026 Revision Citation: 24-9-9-1.] As added by P.L.115-2026, SEC.97.

Sec. 2. On or before June 20 and December 20 of each year, after completing an audit of the county treasurer's monthly reports required by IC 36-2-10-16, the county auditor shall distribute to the state comptroller two dollars and fifty cents ($2.50) of the mortgage recording fee…

Sec. 3. On or before June 30 and December 31 of each year the state comptroller shall distribute one dollar and twenty-five cents ($1.25) of the mortgage recording fee to the state general fund and one dollar and twenty-five cents ($1.25) of the mortgage recording fee to the home…