Title 24, TRADE REGULATION

Sec. 3. "Commercially reasonable terms" means the repurchase of current and marketable inventory within twelve (12) months after the date of purchase at not less than ninety percent (90%) of the original net cost, less appropriate set-offs and legal claims, if any. As added by P.…

Sec. 4. "Compensation" means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to participate in a pyramid promotional scheme. As added by P.L.105-2017, SEC.3.

Sec. 5. "Consideration" means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales …

Sec. 6. "Inventory" includes both goods and services, including company produced promotional materials, sales aids, and sales kits that an entity requires independent salespersons to purchase. As added by P.L.105-2017, SEC.3.

Sec. 7. "Inventory loading" means the requirement or encouragement by a plan or operation that its independent salesperson purchase inventory in an amount that exceeds the amount that the salesperson can expect to resell for ultimate consumption or to consume in a reasonable time…

Sec. 8. "Promote" means to contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce another person to participate in a pyramid promotional scheme. As added by P.L.105-2017, SEC.3.

Sec. 9. "Pyramid promotional scheme" means any plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption…

Sec. 1. (a) This article applies to any person engaging in, or offering to engage in, the business of providing towing service in Indiana. (b) This article does not apply to the towing of motor vehicles: (1) into Indiana; or (2) through Indiana; if the towing originates in anothe…

Sec. 2. This article does not apply to the following: (1) Government agency towing. (2) Seizure towing. (3) Towing performed by, on behalf of, or under contract with: (A) an automobile club; (B) a car dealership; (C) an insurance company; or (D) a customer under a consensual towi…

Sec. 3. This article does not supersede or nullify a towing company's or any other person's rights, duties, or obligations under the following: (1) IC 24-4-6-2. (2) IC 9-22-1. (3) IC 9-22-6. As added by P.L.281-2019, SEC.5.

Sec. 1. (a) This article applies to a person that conducts business in Indiana or produces products or services that are targeted to residents of Indiana and that during a calendar year: (1) controls or processes personal data of at least one hundred thousand (100,000) consumers …

Sec. 2. The following information and data are exempt from this article: (1) Protected health information under HIPAA and related regulations under 45 CFR Part 160, 45 CFR Part 162, and 45 CFR Part 164. (2) Patient identifying information for purposes of 42 U.S.C. 290dd-2. (3) An…

Sec. 3. A: (1) controller; or (2) processor; that complies with the Children's Online Privacy Protection Act (15 U.S.C. 6501 et seq.), and with any rules or regulations under that act, satisfies any obligation to obtain parental consent under this article. As added by P.L.94-2023…

Effective 1-1-2027. Sec. 1. This article does not apply to an adolescent who is legally emancipated. As added by P.L.100-2026, SEC.14.

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 101 of this chapter by P.L.149-1988 apply to the accrual of interest after June 30, 1988, on any part of a judgment that is unpaid after June 30, 1988, even if the judgment was…

Sec. 101. Except as otherwise provided by statute, interest on judgments for money whenever rendered shall be from the date of the return of the verdict or finding of the court until satisfaction at: (1) the rate agreed upon in the original contract sued upon, which shall not exc…

Sec. 102. When the parties do not agree on the rate, interest on loans or forbearances of money, goods or things in action shall be at the rate of eight percent (8%) per annum until payment of judgment. Formerly: Acts 1974, P.L.115, SEC.2.

Sec. 103. Interest at the rate of eight percent (8%) per annum shall be allowed: (a) From the date of settlement on money due on any instrument in writing which does not specify a rate of interest and which is not covered by IC 37-2 or this article; (b) And from the date an itemi…

Sec. 104. (a) The parties may agree upon any method of computing interest on a loan or a forbearance of money, goods, or things in action if the amount of interest on the unpaid balances of the principal does not exceed any limitation imposed by law upon charges incident to the e…

Sec. 201. IC 24-5-2-21 through IC 24-5-2-24 apply to consumer credit sales, consumer leases, and assignees thereof. Formerly: Acts 1974, P.L.115, SEC.2. As amended by P.L.10-2006, SEC.21 and P.L.57-2006, SEC.21.

Sec. 202. The provisions of IC 24-5-6 (repealed) concerning sales at the residence of a consumer shall not apply to consumer credit sales or consumer leases but shall apply to all other sales at the residence of a consumer. Formerly: Acts 1974, P.L.115, SEC.2. As amended by P.L.1…

Sec. 1. This article does not apply to any of the following: (1) A telephone call made in response to an express request of the person called. (2) A telephone call made primarily in connection with an existing debt or contract for which payment or performance has not been complet…

Sec. 2. This article does not relieve a person from complying with any other applicable law. As added by P.L.189-2001, SEC.1.

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.115-2005, SEC.1.

Sec. 10. "Personally identifying information" means the following information that refers to a person who is an owner or operator of a computer: (1) Identifying information (as defined in IC 35-43-5-1). (2) An electronic mail address. (3) Any of the following information in a for…

Sec. 11. (a) Except as provided in subsection (b), "transmit" means to transfer, send, or otherwise make available computer software or a computer software component through a network, the Internet, a wireless transmission, or any other medium, including a disk or data storage de…

Sec. 2. "Advertisement" means a communication that has the primary purpose of promoting a commercial product or service. As added by P.L.115-2005, SEC.1.

Sec. 3. (a) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer. (b) The term does not include computer software that is a web page or a data component of a web page that is not executable independently of the we…

Sec. 4. "Damage" means a significant impairment to the integrity or availability of data, computer software, a system, or information. As added by P.L.115-2005, SEC.1.

Sec. 5. "Execute" means to perform a function or carry out an instruction of computer software. As added by P.L.115-2005, SEC.1.

Sec. 6. "Intentionally deceptive means" means any of the following: (1) A materially false statement that a person knows to be false. (2) A statement or description made by a person who omits or misrepresents material information with the intent to deceive an owner or operator of…

Sec. 7. "Internet" has the meaning set forth in IC 5-22-2-13.5. As added by P.L.115-2005, SEC.1.

Sec. 8. (a) "Owner or operator" means the person who owns or leases a computer or a person who uses a computer with the authorization of the person who owns or leases the computer. (b) The term does not include a manufacturer, distributor, wholesaler, retail merchant, or any othe…

Sec. 9. "Person" means an individual, a partnership, a corporation, a limited liability company, or another organization. As added by P.L.115-2005, SEC.1.

Sec. 1. This article does not apply to: (1) a state agency (as defined in IC 4-1-10-2); or (2) the judicial or legislative department of state government. As added by P.L.125-2006, SEC.6.

Sec. 1. Every scheme, contract, or combination in restraint of trade or commerce, or to create or carry out restrictions in trade or commerce, or to deny or refuse to any person participation, on equal terms with others, in any telegraphic service transmitting matter prepared or …

Sec. 10. The words "person" or "persons" whenever used in this chapter shall be deemed to include corporations, associations, limited liability companies, joint stock companies, partnerships, limited or otherwise, existing under or authorized by the laws of the state of Indiana, …

Sec. 11. Any person or officer, agent, or employee of a corporation may be examined as a witness or a party as in other cases, in any civil action instituted under the provisions of this chapter and required to disclose all the facts relevant to the case in the person's, officer'…

Sec. 12. The provisions of this chapter shall be held cumulative of or supplemental to each other and of all other laws in any way affecting them, or any matter which in any manner is the subject of this chapter in this state, and cumulative of and supplemental to the common law …

Sec. 2. A person who monopolizes any part of the trade or commerce within this state commits a Class A misdemeanor. Formerly: Acts 1907, c.243, s.2. As amended by Acts 1978, P.L.2, SEC.2403.

Sec. 3. A person who engages in any scheme, contract, or combination to restrain or restrict bidding for the letting of any contract for private or public work, or restricts free competition for the letting of any contract for private or public work, commits a Class A misdemeanor…

Sec. 4. If there shall be collusion or fraud of any kind or character among the bidders at the letting of any contract or work as provided in section 3 of this chapter, then the principal who lets the contract or work, or for whom the contract was let, shall not be liable for suc…

Sec. 5. It shall be the duty of the attorney general and of the prosecuting attorney of each judicial circuit to institute appropriate proceedings to prevent and restrain violations of the provisions of this chapter or any other statute or the common law relating to the subject m…

Sec. 5.1. (a) The attorney general may bring an action on behalf of the state or a political subdivision (as defined in IC 34-6-2.1-155) for one (1) or more of the following, together with the costs and expenses of the suit, including reasonable attorney's fees and expert fees, i…

Sec. 6. In all proceedings instituted under and pursuant to section 5 of this chapter, the plaintiff may propound interrogatories to the defendant or defendants to be answered by such defendant or defendants under oath, as is provided by law in civil actions, and if any defendant…

Sec. 7. (a) Any person whose business or property is injured by a violation of this chapter may bring an action in the circuit or superior court of any county in which the defendant resides or is found without respect to the amount in controversy, and is entitled to recover a pen…