Title 24, TRADE REGULATION

Sec. 17. A purchaser of a health spa facility or a seller who violates this chapter commits a deceptive act that is actionable by the attorney general or by a buyer under IC 24-5-0.5, and is subject to the penalties set forth in that chapter. As added by P.L.249-1983, SEC.1. Amen…

Sec. 18. The secretary of state shall have all powers necessary to accomplish the responsibilities assigned to him in this chapter including but not limited to the authority to compel the production of financial statements and such other information as the secretary of state may …

Sec. 2. Every contract for health spa services shall be in writing and a copy shall be furnished to the buyer at the time the contract is formed. As added by P.L.249-1983, SEC.1. Amended by P.L.24-1989, SEC.14.

Sec. 3. (a) No contract for health spa services may require payments or financing by the buyer over a period in excess of thirty-six (36) months from the date that the contract is entered into. The term of a contract may not be measured by or be for the life of the buyer. (b) The…

Sec. 4. (a) A contract for health spa services to be rendered at an existing health spa facility must provide that the performance of the agreed upon services is to begin within forty-five (45) days from the date that the contract is entered into. (b) A contract for health spa se…

Sec. 5. (a) A copy of the buyer's cancellation rights under this chapter shall be furnished in writing to the buyer at the time the contract is formed. (b) In at least 10 point boldface type, every contract for health spa services must provide that the contract may be cancelled b…

Sec. 6. (a) In at least ten (10) point boldface type, every health spa services contract that has not been cancelled under section 5 of this chapter must provide that the buyer or the buyer's estate may cancel the contract if any of the following occur: (1) The buyer dies. (2) Th…

Sec. 7. The health spa may require and verify reasonable evidence of total physical disability or death. In the case of total physical disability, the health spa may also require that the buyer submit to a physical examination by a doctor agreeable to the buyer and the health spa…

Sec. 8. (a) All money paid pursuant to a contract for health spa services that is cancelled under this chapter shall be refunded within thirty (30) days of receipt of a notice of cancellation. However, in a cancellation under section 6 of this chapter, the seller may retain the p…

Sec. 9. The provisions of this chapter are not exclusive and do not relieve the parties from compliance with other applicable provisions of law. As added by P.L.249-1983, SEC.1.

Sec. 1. (a) The department shall enforce this article. To carry out this responsibility, the department may do the following: (1) Receive and act on complaints, take action designed to obtain voluntary compliance with this article, or commence proceedings on the department's own …

Sec. 2. (a) A person subject to this article shall make the books and records of the person reasonably available for inspection by the department or the department's representative. (b) At a minimum, every lessor shall keep a record of all payments remitted by the lessee on a ren…

Sec. 3. If it is claimed that a person has engaged in conduct subject to an order by the department or by a court under this chapter, the department may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of…

Sec. 1. An attorney or law firm retained by the consumer claimant in the civil proceeding may not have a financial interest in the CPAP provider offering a CPAP transaction to that consumer claimant. Additionally, any attorney who has referred the consumer claimant to the consume…

Sec. 1. This chapter applies to the following: (1) A towing company that tows and stores a motor vehicle under this article. (2) A storage facility that stores a motor vehicle that is towed by a towing company under this article, regardless of whether the towing company and the s…

Sec. 2. (a) Upon payment of all costs relating to a tow, the storage of a motor vehicle, and all allowable fees, as applicable, the towing company or storage facility shall release the motor vehicle to a properly identified person who owns or holds a lien on the motor vehicle. Ea…

Sec. 3. (a) As used in this section, "property" means any of the following: (1) A truck (as defined in IC 9-13-2-188). (2) A trailer (as defined in IC 9-13-2-184). (3) Cargo. (b) A person may file a complaint with the attorney general alleging a violation of this article under IC…

Sec. 1. (a) A controller in possession of de-identified data shall: (1) take reasonable measures to ensure that the data cannot be associated with an individual; (2) publicly commit to maintaining and using de-identified data without attempting to re-identify the data; and (3) co…

Sec. 2. The: (1) rights of a consumer set forth in IC 24-15-3-1(b)(1) through IC 24-15-3-1(b)(4); and (2) responsibilities of a controller under IC 24-15-4-1(1) through IC 24-15-4-1(5); do not apply to pseudonymous data in any case in which the controller is able to demonstrate t…

Sec. 3. A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address any b…

Sec. 1. As used in this chapter, "direct molding process" means any process by which a manufactured watercraft or its component part is used as a plug for the making of a mold from which a duplicate of the watercraft or component is made. As added by P.L.250-1987, SEC.1.

Sec. 2. As used in this chapter, "mold" means any pattern, hollow form, matrix, or other device for giving shape or form to material in a plastic or molten state. As added by P.L.250-1987, SEC.1.

Sec. 3. As used in this chapter, "plug" means a manufactured item used to make a mold. As added by P.L.250-1987, SEC.1.

Sec. 4. As used in this chapter, "watercraft" means any instrumentality or device in or by means of which a person may be transported upon waters and includes a motorboat, sailboat, rowboat, skiff, dinghy, or canoe of whatever length or size. As added by P.L.250-1987, SEC.1.

Sec. 5. (a) A person may not manufacture, by use of a direct molding process, a watercraft or its component part manufactured by another person without permission of that other person. (b) A person may not sell a watercraft or its component part manufactured in violation of subse…

Sec. 6. (a) A person injured by a violation of section 5 of this chapter may bring a civil action for: (1) injunctive relief; (2) actual damages caused by the violation; (3) treble damages; and (4) costs and reasonable attorney's fees. (b) Injunctive relief may be granted for a v…

Sec. 7. This chapter applies to products duplicated using a mold made after August 31, 1987. As added by P.L.250-1987, SEC.1.

Sec. 1. As used in this chapter: "Business opportunity" means an investment that: (1) involves the sale or lease or offer to sell or lease any goods or services to an investor that are to be used by the investor in beginning or operating a business; (2) involves an initial paymen…

Sec. 1.5. Sections 2, 3, 4, 13, 15, and 19 of this chapter do not apply to a substantial seller. As added by P.L.252-1987, SEC.2.

Sec. 10. A seller may not require the investor to execute any note that will cut off a right or defense that the investor or a third party may have against the seller. As added by P.L.134-1984, SEC.1.

Sec. 11. A seller may not require an initial cash payment that exceeds twenty percent (20%) of the initial payment. As added by P.L.134-1984, SEC.1.

Sec. 12. A seller may not require a payment before the delivery of any goods that exceeds twenty percent (20%) of the initial payment unless the amount in excess of the twenty percent (20%) payment is placed in an escrow account which provides that the money can not be released u…

Sec. 13. A seller may not make any reference to its compliance with this chapter in any advertisement or other contact with an investor other than by setting forth the registration number as provided in section 4 of this chapter. As added by P.L.134-1984, SEC.1.

Sec. 14. A seller may not use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business that does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard…

Sec. 15. If a seller fails to comply with section 2 of this chapter, the investor may cancel any contract by notifying the seller in any manner. As added by P.L.134-1984, SEC.1.

Sec. 16. (a) If a seller: (1) uses any untrue, misleading, or deceptive statements in a business opportunity transaction; (2) fails to deliver the goods or services necessary to begin substantial operation of the business within forty-five (45) days of the delivery date stated in…

Sec. 17. Notwithstanding any other section of this chapter, a person who is damaged by a seller's failure to comply with this chapter or by a seller's breach of a contract may: (1) bring an action for recovery of his actual damage including attorney fees; and (2) bring an action …

Sec. 18. Upon complaint by any person that a seller has failed to comply with this chapter, the circuit or superior court of the county of residence of the complainant may enjoin the seller from further violations. As added by P.L.134-1984, SEC.1.

Sec. 19. A person who fails to comply with section 4 of this chapter commits a Level 6 felony. As added by P.L.134-1984, SEC.1. Amended by P.L.158-2013, SEC.274.

Sec. 2. (a) At least seventy-two (72) hours before the time the investor signs a contract, or at least seventy-two (72) hours before receipt of any consideration by the seller, whichever occurs first, the seller shall provide the investor a written disclosure document, the cover …

Sec. 20. A person who fails to comply with any provision of this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4(c) and is subject to the penalties enumerated in IC 24-5-0.5. As added by P.L.134-1984, SEC.1.

Sec. 21. Nothing in this chapter shall be construed as relieving a person from complying with IC 23-2-2.5, IC 23-2-2.7, and IC 23-19. As added by P.L.134-1984, SEC.1. Amended by P.L.27-2007, SEC.24.

Sec. 3. (a) A seller shall obtain a surety bond issued by a surety company authorized to do business in Indiana. The amount of the bond must be at least twenty (20) times the initial payment required for the business opportunity, but not less than seventy-five thousand dollars ($…

Sec. 4. (a) Before placing any advertisement or making any other representations to any investor in Indiana, the seller shall: (1) file a copy of the disclosure statement required by section 2 of this chapter and the bond required by section 3 of this chapter with the consumer pr…

Sec. 5. (a) If the seller represents that the business opportunity provides earning potential of any kind, the seller shall have data to substantiate the claims of earning potential and shall give to the investor at the first in person communication by the seller a copy of this d…

Sec. 6. (a) The seller shall put every contract in writing and shall give the investor a copy of the contract at the time the investor signs the contract. (b) The seller shall include in every contract the following: (1) The seller's business address and the name and business add…