Title 24, TRADE REGULATION

Sec. 1.1. As used in this chapter, "circulating product" includes: (1) clean laundered towels; (2) industrial wiping towels; (3) sheets, pillowcases, napkins, tablecloths, and linen; (4) coats, aprons, shirts, and diapers; (5) garments serviced by linen and towel supply companies…

Sec. 1.2. As used in this chapter, "delivery container" means a permanent container used by: (1) a bakery, dairy, distributor, retailer, or food service establishment; or (2) an agent of a bakery, dairy, distributor, retailer, or food service establishment; to transport, store, o…

Sec. 1.3. As used in this chapter, "registrant" means a supplier of a circulating product or the owner of a delivery container who has filed under section 1 of this chapter a description of a name, mark, or device used to indicate the ownership of the circulating product or deliv…

Sec. 2. (a) This section does not apply to a registrant or person who has purchased from a registrant a circulating product or delivery container bearing a mark or device registered under this chapter. (b) It is unlawful for any person, firm, limited liability company, corporatio…

Sec. 3. Any: (1) person, firm, limited liability company, corporation, or association; or (2) agent of a person, a firm, a limited liability company, a corporation, or an association; who acquires by purchase or other lawful means a circulating product or delivery container marke…

Sec. 4. (a) Any person, firm, limited liability company, corporation, or association who finds or receives in any manner a circulating product or delivery container marked with a brand registered under this chapter shall make a reasonable effort to find the owner of the circulati…

Sec. 5. Acceptance of money by a registrant as a deposit to secure safekeeping and return of a circulating product or delivery container does not constitute a sale of the property, either optional or otherwise, in any proceeding under this chapter. Formerly: Acts 1971, P.L.365, S…

Sec. 6. (a) This section does not apply to a person who possesses a circulating product or delivery container in good faith in the ordinary course of business. (b) Evidence of possession of a circulating product or delivery container marked under section 1 of this chapter by a pe…

Sec. 7. A person who violates this chapter commits a Class B infraction. If a person suffers a pecuniary loss as a result of a violation of IC 24-4-5, the person may bring a civil action against the person who caused the loss for the following: (1) Actual damages. (2) The costs o…

Sec. 8. Nothing in this chapter affects the rights or enforcement of rights acquired under IC 24-2-1 or the rights or the enforcement of rights in trademarks acquired in good faith at any time at common law. Formerly: Acts 1971, P.L.365, SEC.1. As amended by P.L.114-1992, SEC.11.

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to sections 2, 3, and 4 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law. (2) The amendments made to sections 2 and 3 of…

Sec. 1. (a) This chapter shall be liberally construed and applied to promote its purposes and policies. (b) The purposes and policies of this chapter are to: (1) simplify, clarify, and modernize the law governing deceptive and unconscionable consumer sales practices; (2) protect …

Sec. 10. (a) A supplier commits a deceptive act if the supplier gives any of the following representations, orally or in writing, or does any of the following acts: (1) Either: (A) solicits to engage in a consumer transaction without a permit or other license required by law; (B)…

Sec. 11. (a) It is a deceptive act for an unlicensed real estate solicitor (as defined in IC 32-21-16.5-3) to solicit the sale or purchase of real estate without the disclosure required under IC 32-21-16.5-4. (b) The attorney general shall enforce this section in the same manner …

Sec. 12. (a) It is an incurable deceptive act for an individual, while soliciting or performing a consumer transaction, to claim, either orally or in writing, to possess a doctorate degree or use a title, a word, letters, an insignia, or an abbreviation associated with a doctorat…

Sec. 2. (a) As used in this chapter: (1) "Consumer transaction" means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible, except securities and policies or contracts of insurance issued by c…

Note: This version of section amended by P.L.145-2026, SEC.294, effective 7-1-2026. See also preceding version of this section amended by P.L.143-2026, SEC.1, effective until 7-1-2026, and following version of this section amended by P.L.100-2026, SEC.13, effective 1-1-2027. Sec.…

Sec. 4. (a) A person relying upon an uncured or incurable deceptive act may bring an action for the damages actually suffered as a consumer as a result of the deceptive act or five hundred dollars ($500), whichever is greater. The court may increase damages for a willful deceptiv…

Sec. 5. (a) No action may be brought under this chapter, except under section 4(c) of this chapter, unless (1) the deceptive act is incurable or (2) the consumer bringing the action shall have given notice in writing to the supplier within the sooner of (i) six (6) months after t…

Sec. 6. This chapter does not apply to an act or practice that is: (1) required or expressly permitted by federal law, rule, or regulation; or (2) required or expressly permitted by state law, rule, regulation, or local ordinance. Formerly: Acts 1971, P.L.367, SEC.1. As amended b…

Sec. 7. (a) In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any deceptive act from any person who has engaged in, is engaging in, or is about to engage in such deceptive act. The assurance of voluntary co…

Sec. 8. A person who commits an incurable deceptive act is subject to a civil penalty of a fine of not more than five hundred dollars ($500) for each violation. The attorney general, acting in the name of the state, has the exclusive right to petition for recovery of such a fine,…

Sec. 9. A supplier which is organized primarily to provide benefits to persons from the cooperative purchase of the subject of a consumer transaction shall not offer a contract for that purpose that is to be effective for more than five (5) years. A supplier that violates this se…

Sec. 1. Where unsolicited merchandise is delivered to a person for whom it is intended such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner without any obligation to the sender. Formerly:…

Sec. 12. It shall be the duty of the division of weights and measures of the Indiana department of health to enforce all the provisions of this chapter, and it shall prescribe such rules as it may find necessary for carrying into effect the provisions of this chapter, and shall c…

Sec. 13. For carrying out the purpose of this chapter, the division of weights and measures of the Indiana department of health is authorized to cooperate with state, county, and municipal authorities, manufacturers, dealers, and shippers. Formerly: Acts 1923, c.44, s.13. As amen…

Sec. 15. Nothing in this chapter shall be construed to permit sales by standard hampers, baskets, or containers without regard to weight or numerical count when required by law to be sold by weight or numerical count. Formerly: Acts 1923, c.44, s.15. As amended by P.L.152-1986, S…

Sec. 1. A lessor may contract for and receive an initial nonrefundable processing fee not to exceed ten dollars ($10). As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.6.

Sec. 10. (a) If a lessee is liable to a lessor for the replacement cost of property leased under a rental purchase agreement, the lessor may not charge the lessee more than the fair market value for the property. (b) For purposes of subsection (a), fair market value shall be dete…

Sec. 11. (a) In addition to the other charges permitted by this chapter, for a period during which the lessor relieves the lessee of liability under a liability waiver, a lessor and a lessee may contract for a liability waiver fee in the following amounts: (1) In the case of a re…

Sec. 12. (a) A lessor may contract for and receive a fee for accepting rental payments by telephone in connection with a rental purchase agreement, if all of the following conditions are met: (1) The fee is assessed only upon request by the lessee for the underlying payment by te…

Sec. 2. A lessor may refuse to refund any part of a security deposit provided by a lessee only under the conditions authorized in the rental purchase agreement. As added by P.L.254-1987, SEC.1.

Sec. 3. (a) A lessor may contract for and receive a reasonable delivery charge if the lessor actually delivers the item to the lessee at a place other than the lessor's place of business. (b) The delivery charge may be assessed in lieu of and not in addition to any initial proces…

Sec. 4. (a) A lessor may contract for and receive a charge for picking up rental or other payments from the lessee if the lessor is required or requested to visit the lessee to pick up a payment at a place other than the lessor's place of business. (b) A charge assessed under thi…

Sec. 5. (a) The parties to a rental purchase agreement may contract for late charges or delinquency fees as follows: (1) For agreements with monthly renewal dates, a late charge not exceeding eight dollars ($8) may be assessed on any rental payment not made within five (5) days a…

Sec. 5.5. A lessor may contract for and charge a returned payment fee not to exceed twenty-five dollars ($25) for each return by a bank or other depository institution of a dishonored check, electronic funds transfer, negotiable order of withdrawal, or share draft issued by the l…

Sec. 6. A reinstatement fee imposed under IC 24-7-6-2 may not exceed five dollars ($5). As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.9.

Sec. 7. In addition to those charges allowable by this chapter, the lessor may require the lessee to pay any state sales and use taxes levied in connection with a rental purchase agreement. As added by P.L.254-1987, SEC.1.

Sec. 8. In addition to those charges allowable by this chapter, a lessor may contract for and receive from the lessee an amount equal to all official fees required to be paid under a rental purchase agreement. As added by P.L.254-1987, SEC.1.

Sec. 1. (a) If the prize described in this article is not available, the person who is to receive the prize shall be given the option of choosing one (1) of the following: (1) A prize of equal or greater value. (2) The verifiable retail value of the prize in cash or by a valid ch…

Sec. 2. A sponsor shall honor a voucher, certificate, or other evidence of obligation if the person named as being responsible fails to honor the voucher, certificate, or other evidence of obligation. As added by P.L.233-1989, SEC.1.

Sec. 1. (a) A target, or a person aggrieved by a violation of: (1) this article; or (2) rules adopted under this article; may bring an action in a court with jurisdiction. (b) A person shall, not later than thirty (30) days after filing a complaint with a court in an action under…

Sec. 2. The private right of action, remedies, and penalties established under this chapter are in addition to any other enforcement proceedings, private right of action, remedies, and penalties available under any other state or federal law, rule, or regulation relating to asser…

Sec. 1. (a) The department of financial institutions may enforce this article. (b) With respect to CPAP transactions and CPAP providers, the department has all powers of administration, investigation, and enforcement set forth in: (1) IC 37-2-7; and (2) IC 28-11-4; including the …

Sec. 2. If a court with jurisdiction determines that a CPAP provider has intentionally violated the provisions of this article with regard to a specific CPAP transaction, the CPAP provider is entitled to recover only the funded amount provided to the consumer claimant in that CPA…

Sec. 1. This article may not be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon …