Title 24, TRADE REGULATION

Sec. 7. Fruits and vegetables packed in original containers and graded according to the legal grades of the state wherein they originated shall be exempt from the provisions of this chapter provided such packages are marked with the grade, grower or distributor, and address, and …

Sec. 8. (a) Fruits and vegetables originating outside of the state of Indiana, and which are repacked within the state, shall have the name of the repacker or distributor and the name of the state where the product originated clearly marked on the package, in letters not less tha…

Sec. 9. The Indiana department of health, its division of weights and measures, food inspectors, sealers of weights and measures, and agents are hereby charged with the enforcement of the provisions of this chapter. It shall be the duty of every prosecuting attorney to whom the I…

Sec. 1. A lessee who fails to make timely rental payments has the right to reinstate the original rental purchase agreement under the original terms of the agreement without losing any rights or options previously acquired under the rental purchase agreement and without additiona…

Sec. 2. (a) As a condition precedent to reinstatement of the rental purchase agreement, a lessor may charge: (1) the outstanding balance of any accrued regular rental payments, returned payment fees, and delinquency charges; (2) a reinstatement fee not exceeding the amount allowe…

Sec. 3. If reinstatement occurs under sections 1 through 2 of this chapter, the lessor shall provide the lessee with either the same item leased by the lessee before reinstatement or a substitute item of comparable quality and condition. If any information disclosed under IC 24-7…

Sec. 4. (a) IC 37-2-6-4 and IC 37-2-6-5 apply to garnishments related to a rental purchase agreement. (b) With respect to a debt arising from a rental purchase agreement, regardless of where made, the lessor may not attach unpaid earnings of the debtor by garnishment proceedings …

Sec. 5. (a) If the court as a matter of law finds the rental purchase agreement or any clause of a rental purchase agreement to have been unconscionable at the time it was made the court may: (1) refuse to enforce the rental purchase agreement; (2) enforce the remainder of the re…

Sec. 1. A person who knowingly or intentionally violates this article commits a Level 6 felony. As added by P.L.233-1989, SEC.1. Amended by P.L.158-2013, SEC.276.

Sec. 2. A sponsor or promoter who violates this article is liable to an aggrieved person for the greater of: (1) two (2) times the actual damages sustained by the person; or (2) five hundred dollars ($500) plus attorney's fees. As added by P.L.233-1989, SEC.1.

Sec. 3. A person who violates this article commits 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.233-1989, SEC.1.

Sec. 1. A consumer claimant may assign the contingent right to receive an amount of the potential proceeds of a civil proceeding. As added by P.L.153-2016, SEC.7.

Sec. 2. This article may not be construed to cause any CPAP transaction that complies with this article to be considered a loan or to be otherwise subject to any other provisions of Indiana law governing loans. As added by P.L.153-2016, SEC.7.

Sec. 1. Not later than three (3) business days after a completed tow, the towing company or storage facility responsible for a towed vehicle must: (1) search: (A) the National Motor Vehicle Title Information System data base (as described under 49 U.S.C. 30502); or (B) an equival…

Sec. 1. (a) The data protection impact assessment requirements set forth in this chapter apply to processing activities created or generated after December 31, 2025, and are not retroactive to any processing activities created or generated before January 1, 2026. (b) A controller…

Sec. 2. (a) The attorney general may request, pursuant to a civil investigative demand, that a controller disclose any data protection impact assessment that is relevant to an investigation conducted by the attorney general. Upon receipt of such a request, the controller shall ma…

Effective 1-1-2027. Sec. 1. An owner or operator of a social media provider that violates this article commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5 and that is subject to the penalties and remedies available to the attorney general under IC…

Sec. 1. (a) This chapter shall be known and may be cited as the senior consumer protection act. (b) This chapter does not apply to deception, intimidation, or other exploitation of a senior consumer in relation to insurance coverage or an insurance product that is regulated by th…

Sec. 2. (a) This chapter shall be liberally construed and applied to protect senior consumers. (b) The purposes and policies of this chapter are to: (1) simplify, clarify, and modernize the law concerning the ownership, control, and use of property or assets of senior consumers; …

Sec. 3. The following definitions apply throughout this chapter: (1) "Deception" means: (A) misrepresentation or omission of any material fact relating to the terms of a contract or agreement entered into with a senior consumer or to the existing or pre-existing condition of any …

Sec. 4. (a) A person commits financial exploitation of a senior consumer when the person knowingly and by deception or intimidation obtains control over the property of a senior consumer or illegally uses the assets or resources of a senior consumer. (b) The illegal use of the as…

Sec. 5. (a) A senior consumer who is a victim of an act described in section 4(a) or 4(b) of this chapter may bring an action against the person who commits the act. (b) In an action brought against a person under this section, the court may order the person to: (1) return proper…

Sec. 6. This chapter does not limit the rights or remedies that are otherwise available to a senior consumer under any other applicable provision of law. As added by P.L.250-2013, SEC.1.

Sec. 1. This chapter does not apply to any product that: (1) has been approved or certified by the United States Food and Drug Administration for sale: (A) as a tobacco cessation product; (B) as a tobacco dependence product; or (C) for another medical purpose; and (2) is marketed…

Sec. 2. As used in this chapter, "child resistant packaging" means packaging that: (1) is designed or constructed so that it is significantly difficult for children less than five (5) years of age to: (A) open the package; or (B) obtain a toxic or harmful amount of substance from…

Sec. 3. As used in this chapter, "commission" refers to the alcohol and tobacco commission created by IC 7.1-2-1-1. As added by P.L.231-2015, SEC.13.

Sec. 4. As used in this chapter, "electronic cigarette" means a device that is capable of providing an inhalable dose of nicotine by delivering a vaporized solution. The term includes the components and cartridges of an electronic cigarette. As added by P.L.231-2015, SEC.13.

Sec. 5. (a) As used in this chapter, "electronic delivery device" means any product that: (1) contains or delivers nicotine, lobelia, or any other substance intended for human consumption; and (2) can be used by a person to simulate smoking in the delivery of nicotine, lobelia, o…

Sec. 6. (a) As used in this chapter, "nicotine liquid container" means a bottle or other container that: (1) contains a nicotine liquid or another substance containing nicotine; and (2) is sold, marketed, or intended for use with an electronic cigarette or other electronic delive…

Sec. 7. A person may not manufacture, sell, or distribute: (1) a liquid or gel substance containing nicotine; or (2) a nicotine liquid container; unless the product is contained in child resistant packaging. As added by P.L.231-2015, SEC.13.

Sec. 8. (a) If the commission discovers any product sold or distributed in violation of this chapter, the commission may seize and take possession of the product. The commission shall destroy products seized under this subsection. (b) The commission may impose a civil penalty on …

Sec. 0.1. The addition of this chapter by P.L.238-1985 does not apply to contracts formed before September 1, 1985. As added by P.L.220-2011, SEC.387.

Sec. 1. As used in this chapter, "commission" means compensation that accrues to a sales representative, for payment by a principal, at a rate expressed as a percentage of the dollar amount of orders taken or sales made by the sales representative. As added by P.L.238-1985, SEC.1…

Sec. 2. As used in this chapter, "person" means an individual, corporation, limited liability company, partnership, unincorporated association, estate, or trust. As added by P.L.238-1985, SEC.1. Amended by P.L.8-1993, SEC.355.

Sec. 3. As used in this chapter, "principal" means a person who: (1) manufactures, produces, imports, sells, or distributes a product for wholesale; (2) contracts with a sales representative to solicit wholesale orders for the product; and (3) compensates the sales representative…

Sec. 4. As used in this chapter, "sales representative" means a person who: (1) contracts with a principal to solicit wholesale orders in Indiana; and (2) is compensated, in whole or in part, by commission. The term does not include a person who places orders or purchases on the …

Sec. 5. (a) If a contract between a sales representative and a principal is terminated, the principal shall, within fourteen (14) days after payment would have been due under the contract if the contract had not been terminated, pay to the sales representative all commissions acc…

Sec. 6. For purposes of Indiana trial rule 4.4, a principal who contracts with a sales representative to solicit wholesale orders for a product in Indiana is doing business in Indiana. As added by P.L.238-1985, SEC.1.

Sec. 7. (a) If a principal makes a revocable offer of a commission to a sales representative who is not an employee of the principal, the sales representative is entitled to the commission agreed upon if: (1) the principal revokes the offer of commission and the sales representat…

Sec. 8. A provision in a contract between a sales representative and a principal that waives a provision of this chapter by: (1) an express waiver; or (2) a contract subject to the laws of another state; is void. As added by P.L.138-1990, SEC.2.

Sec. 0.1. The amendments made to sections 1, 2, 5, and 17 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law. As added by P.L.220-2011, SEC.395.

Sec. 1. As used in this chapter: "Business day" means a day other than Sunday or a legal holiday. "Buyer" means a purchaser of services under a contract for health spa services. "Contract" means a contract for health spa services entered into after August 31, 1983. The term inclu…

Sec. 10. (a) A contract for health spa services that does not comply with this chapter is voidable at the option of the buyer. (b) The seller may cure noncompliance with this chapter, and no legal action may be brought by the buyer for relief under this chapter unless, following …

Sec. 11. Any contract for health spa services entered into in reliance upon any willfully or fraudulently disseminated false or misleading information, representation, notice, or advertisement of the seller is void and unenforceable. As added by P.L.249-1983, SEC.1.

Sec. 12. Any waiver by the buyer of part or all of this chapter is contrary to public policy and is void and unenforceable. As added by P.L.249-1983, SEC.1.

Sec. 13. A health spa that sells contracts for health spa services to be rendered at a planned health spa facility or a health spa facility under construction shall file with the secretary of state a bond issued by a surety company admitted to do business in Indiana in the amount…