Title 24, TRADE REGULATION

Sec. 7. Notwithstanding any other law, an action to recover the amounts described in section 4 of this chapter must be commenced within one (1) year after the action accrues. As added by P.L.254-1987, SEC.1.

Sec. 1. After December 31, 2016, a person may not regularly engage (as determined in accordance with IC 24-12-1-1(13)) in the business of making CPAP transactions with consumer claimants unless the person obtains, and maintains on an annual basis, a CPAP license issued by the dep…

Sec. 10. (a) The department may issue to a person licensed under this article an order to show cause why the license should not be revoked or suspended for a period determined by the department. (b) An order issued under subsection (a) must: (1) include: (A) a statement of the pl…

Sec. 11. (a) A CPAP provider required to be licensed under this article shall maintain records in conformity with United States generally accepted accounting principles and practices in a manner that will enable the department to determine whether the licensee is complying with t…

Sec. 12. (a) As used in this section, "control" means possession of the power directly or indirectly to: (1) direct or cause the direction of the management or policies of a CPAP provider, whether through the beneficial ownership of voting securities, by contract, or otherwise; o…

Sec. 3. A CPAP transaction entered into before July 1, 2016, is not subject to this article. As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.44.

Sec. 4. (a) Subject to subsection (f), the director may designate the NMLSR to serve as the sole entity responsible for: (1) processing applications and renewals for licenses required under section 1 of this chapter; (2) issuing unique identifiers for licensees under this chapter…

Sec. 5. (a) The department shall receive and act on all applications for licenses to regularly engage as a CPAP provider in CPAP transactions. Applications must be as prescribed by the director of the department of financial institutions. If, at any time, the information or recor…

Sec. 6. (a) When the director requests a national criminal history background check under section 5(d)(1) of this chapter for an individual described in section 5(b) of this chapter, the director shall require the individual to submit fingerprints to the department, state police …

Sec. 7. (a) If the director requests a credit report for an individual described in section 5(b) of this chapter, the individual to whom the request is made shall pay any fees or costs associated with procuring the report. (b) The individual must submit personal history and exper…

Sec. 8. (a) If required by the department, each CPAP provider licensed by the department under this article must be covered by a surety bond in accordance with this section in an amount not to exceed fifty thousand dollars ($50,000). (b) Any surety bond required under this sectio…

Sec. 9. (a) A license issued under this article must be renewed not later than December 31 of each calendar year. The minimum standards for license renewal for a CPAP provider include the following: (1) Payment by the CPAP provider of all required fees for renewal of the license.…

Sec. 1. A towing company shall not do any of the following: (1) Falsely represent, either expressly or by implication, that the towing company represents or is approved by any organization that provides emergency road service for disabled motor vehicles. (2) Require the owner or …

Sec. 2. A towing company or a storage facility shall not do any of the following: (1) Upon payment of all costs relating to a tow, motor vehicle storage, and all allowable fees, as applicable, refuse to release the motor vehicle during regular office hours to a properly identifie…

Sec. 1. Whenever the attorney general has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this article, the attorney general is empowered to issue a civil investigative demand to investigate the suspected viola…

Sec. 1. As used in this chapter, "manufacturer" means a person who manufactures a recording. The term does not include a person who manufactures a medium upon which sounds or visual images can be recorded or stored. As added by P.L.180-1991, SEC.1.

Sec. 2. As used in this chapter, "person" means an individual, partnership, limited liability company, corporation, association, or any other legal entity. As added by P.L.180-1991, SEC.1. Amended by P.L.8-1993, SEC.357.

Sec. 3. As used in this chapter, "recording" means a tangible medium upon which sounds or visual images are recorded or stored. The term includes the following: (1) An original: (A) phonograph record; (B) compact disc; (C) wire; (D) tape; (E) audio cassette; (F) video cassette; o…

Sec. 4. A person may not: (1) sell; (2) rent; (3) transport; or (4) possess; a recording for commercial gain or personal financial gain if the recording does not conspicuously display the true name and address of the manufacturer of the recording. As added by P.L.180-1991, SEC.1.…

Sec. 5. A person who violates this chapter commits a Class A infraction. As added by P.L.180-1991, SEC.1.

Sec. 1. As used in this chapter, "business day" means a day other than Sunday or a legal holiday. As added by P.L.251-1987, SEC.2.

Sec. 10. A change of the supplier's address is not a defense unless the consumer receives written notice of the change by delivery in person or by certified or registered mail within the time the consumer may exercise the consumer's right to cancel under this chapter. As added by…

Sec. 11. Final agreement to a contract does not occur until the consumer and the supplier unequivocally agree to the contract and the supplier obtains any required approvals by another supplier or person. As added by P.L.251-1987, SEC.2.

Sec. 12. If the consumer exercises the right to cancel under this chapter, the supplier shall, within ten (10) business days after the notice of cancellation is delivered, return to the consumer any payment or other consideration transferred to the supplier by the consumer. Howev…

Sec. 13. (a) If the consumer exercises the right to cancel under this chapter and has possession of the subject of the consumer transaction, the supplier may retake possession only: (1) if the supplier has complied with section 12 of this chapter; (2) if no more than ten (10) day…

Sec. 14. The supplier is not entitled to mitigation of damages if a consumer properly exercises the consumer's right to cancel under this chapter. As added by P.L.251-1987, SEC.2.

Sec. 15. This chapter does not restrict the supplier from offering or providing additional or broader reasons for cancellation. As added by P.L.251-1987, SEC.2.

Sec. 16. The consumer's right to cancel a home consumer transaction under this chapter is in addition to any other remedy available to the consumer. This right cannot be waived. As added by P.L.251-1987, SEC.2.

Sec. 17. It is a violation of this chapter for a supplier to: (1) fail to give the notice required by section 9 of this chapter; (2) fail or refuse to make a full refund as required by this chapter; or (3) knowingly interfere with the consumer's exercise of the consumer's rights …

Sec. 18. A supplier who violates this chapter: (1) commits a Class C infraction and is required to make a full refund as provided by section 12 of this chapter; and (2) commits a deceptive act that is actionable by the attorney general or by a consumer under IC 24-5-0.5-4 and is …

Sec. 2. As used in this chapter, "consumer" means an individual who is the ultimate user of the subject of a consumer transaction. As added by P.L.251-1987, SEC.2.

Sec. 3. As used in this chapter, "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 to an individual for purposes that are primarily personal, family, or househo…

Sec. 4. As used in this chapter, "home consumer transaction" means a consumer transaction that the consumer did not solicit that results from the direct contact by a supplier at a place other than the supplier's permanent place of business. For purposes of this chapter, direct co…

Sec. 5. As used in this chapter, "person" means an individual, a corporation, the state or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, a cooperative, or any other legal entity. As added by P.L.251-1987, SEC.2.

Sec. 6. As used in this chapter, "supplier" means a seller, lessor, assignor, or other person who engages in or solicits consumer transactions, including a manufacturer, wholesaler, or retailer, whether or not the supplier deals directly with the consumer. As added by P.L.251-198…

Sec. 7. As used in this chapter, "subject of a consumer transaction" means the personal property, real property, services, or intangibles furnished in a consumer transaction, whether the transaction is governed by a single contract or multiple contracts. As added by P.L.251-1987,…

Sec. 8. (a) A consumer may cancel a home consumer transaction if: (1) the subject of the consumer transaction has a cash sales price of at least twenty-five dollars ($25); and (2) the consumer gives the supplier a written notice that meets the requirements of 16 C.F.R. 429.1(a) a…

Sec. 9. (a) The supplier in a home consumer transaction subject to section 8 of this chapter shall deliver to the consumer two (2) copies of a written notice of the consumer's right to cancel the transaction. (b) The notice shall be on a separate document in at least ten (10) poi…

Sec. 1. The department of financial institutions may adopt rules under IC 4-22-2 or policies to implement this article. The department of financial institutions has all authority and powers necessary to regulate CPAP transactions, including the right to require the department's p…

Sec. 1. A person who violates this article commits a deceptive act that is: (1) actionable under IC 24-5-0.5; and (2) subject to the remedies and penalties set forth in IC 24-5-0.5. As added by P.L.281-2019, SEC.5.

Sec. 2. (a) The attorney general: (1) shall receive; and (2) may investigate; complaints alleging violations of this article. (b) After finding, either upon a complaint made or upon the attorney general's own investigation, that a violation of this article has occurred, the attor…

Sec. 3. The attorney general may adopt rules under IC 4-22-2 to implement this article. As added by P.L.281-2019, SEC.5. Amended by P.L.93-2024, SEC.176.

Sec. 1. The attorney general has exclusive authority to enforce the provisions of this article. As added by P.L.94-2023, SEC.1.

Sec. 2. (a) The attorney general may initiate an action in the name of the state and may seek an injunction to restrain any violations of this article and a civil penalty not to exceed seven thousand five hundred dollars ($7,500) for each violation under this article. (b) The att…

Sec. 3. (a) Before initiating an action under section 2 of this chapter, the attorney general shall provide a controller or processor thirty (30) days written notice identifying the specific provisions of this article that the attorney general alleges have been or are being viola…

Sec. 4. Nothing in this article shall be construed as providing the basis for a private right of action for violations of this article or any other law. As added by P.L.94-2023, SEC.1.