Title 24, TRADE REGULATION

Sec. 10. (a) Except as provided in section 0.2 of this chapter, before doing business in Indiana, a seller must register with the division. (b) A seller does business in Indiana if the seller makes or will make a solicitation during any calendar year: (1) from a location in India…

Sec. 11. To register under this chapter a person must file with the division a registration statement disclosing the information required by this chapter and pay a fifty dollar ($50) registration fee. As added by P.L.253-1987, SEC.1.

Sec. 12. The registration statement must contain the following information: (1) The name of the seller. (2) Whether the seller is doing business as a corporation, a partnership, an individual, or another legal entity. (3) The names under which the seller has done, is doing, or in…

Sec. 13. If the seller represents or implies, or directs a salesperson to represent or imply, to a prospect that a purchaser will receive one (1) or more items (whether the items are designated as gifts, premiums, bonuses, prizes, or otherwise), the registration statement must al…

Sec. 14. On August 1 of each year, every person registered under this chapter shall file an update to the registration. The registrant shall pay an additional fifty dollars ($50) for filing the annual update. As added by P.L.253-1987, SEC.1.

Sec. 15. In addition to the annual update described in section 14 of this chapter, an update shall be filed whenever changes occur that make the disclosures required under this chapter inaccurate, false, or misleading. As added by P.L.253-1987, SEC.1.

Sec. 16. The director of the division shall maintain a record of all filings made under this chapter and shall assign a registration number to each of them. The director shall advise the seller, in writing, of the assigned number. All advertisements, pamphlets, brochures, or any …

Sec. 17. A seller may not make any reference to its compliance with this chapter other than by setting forth the registration number as provided in section 16 of this chapter. As added by P.L.253-1987, SEC.1.

Sec. 18. If a seller fails to comply with sections 10 through 16 of this chapter, a purchaser may cancel any contract with the seller by notifying the seller in any manner. As added by P.L.253-1987, SEC.1.

Sec. 19. If a seller: (1) uses any untrue, misleading, or deceptive statement in a solicitation or sale; or (2) fails to deliver an item ordered within four (4) weeks; the purchaser may void the contract within ninety (90) days from the date of the contract by giving written noti…

Sec. 2. As used in this chapter, "item" means tangible or intangible property or services. The term includes but is not limited to coupon books for use with a business other than the seller's business and certificates of a type that the purchaser must redeem to obtain the item de…

Sec. 20. In addition to any other remedies or penalties under this chapter, a person who is damaged by a seller's failure to comply with this chapter or by a seller's breach of contract may bring an action for recovery of the person's actual damages, including court costs and att…

Sec. 21. Upon petition 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 petitioner may enjoin the seller from further violations. As added by P.L.253-1987, SEC.1.

Sec. 22. A seller who fails to comply with sections 10 through 16 of this chapter commits a Level 6 felony. As added by P.L.253-1987, SEC.1. Amended by P.L.158-2013, SEC.275.

Sec. 23. (a) A seller who fails to comply with any provision of: (1) this chapter; or (2) IC 24-4.7; 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 set forth in IC 24-5-0.5. An action for a violation of IC…

Sec. 24. This chapter may not be construed to relieve a person from complying with any other statute or ordinance. As added by P.L.253-1987, SEC.1.

Sec. 25. (a) If a person makes a solicitation to a prospect that is outside of the course of dealing (as described in IC 26-1-1-205), whether personally, through salespersons, or through the use of an automated dialing and answering device, the person may not knowingly or intenti…

Sec. 3. As used in this chapter, "owner" means a person who owns or controls ten percent (10%) or more of the equity of a seller, or otherwise has a claim to ten percent (10%) or more of the net income of a seller. As added by P.L.253-1987, SEC.1.

Sec. 4. As used in this chapter, "person" means an individual, an incorporated or unincorporated organization or association, or any other legal entity. As added by P.L.253-1987, SEC.1.

Sec. 5. As used in this chapter, "principal" means an owner, an officer, a general partner, a trustee, or other individual with supervisory functions usually exercised by those persons. As added by P.L.253-1987, SEC.1.

Sec. 6. As used in this chapter, "prospect" means a person solicited by a seller. As added by P.L.253-1987, SEC.1.

Sec. 7. As used in this chapter, "salesperson" means a person employed, authorized, or appointed by a seller, including an independent contractor, who solicits a sale on behalf of the seller. As added by P.L.253-1987, SEC.1.

Sec. 8. As used in this chapter, "seller" means a person who, personally, through salespersons, or through the use of an automated dialing and answering device, makes a solicitation if in the solicitation any one (1) of the following occurs: (1) There is a false representation or…

Sec. 9. As used in this chapter, "solicitation" means a telephone conversation or attempted telephone conversation that occurs in a telephone call made by a seller to another person in which the seller offers, or attempts to offer, an item to the other person in exchange for mone…

Sec. 0.5. (a) This chapter applies only to a jeweler that is a retail merchant that: (1) is located in an area zoned for commercial land use; (2) is open to the public; (3) primarily sells jewelry; and (4) remitted at least ten thousand dollars ($10,000) of Indiana gross retail a…

Sec. 1. For purposes of this chapter: (1) "jewelry" means personal ornaments made of precious metals that may or may not contain precious, semiprecious, or imitation stones; (2) "used jewelry" means jewelry previously purchased at retail, acquired by gift, or obtained in some oth…

Sec. 2. A jeweler who purchases or resells used jewelry must comply with this chapter. However, this chapter does not apply to jewelry used by a customer as a trade-in toward the purchase of a new piece of jewelry. As added by P.L.97-2003, SEC.1.

Sec. 3. (a) A jeweler shall keep and use in the jeweler's business the books, accounts, and records necessary to determine whether the jeweler is complying with this chapter. (b) A jeweler shall preserve the books, accounts, and records, including cards used in the card system, f…

Sec. 4. (a) The jeweler shall make the records and information under section 3 of this chapter available for examination upon the request of a law enforcement agency (as defined in IC 5-2-5-1). (b) The law enforcement agency under subsection (a) shall determine if: (1) the record…

Sec. 5. A jeweler may not purchase used jewelry: (1) from an individual less than eighteen (18) years of age; or (2) that the jeweler believes or should have reason to believe is stolen property acquired as a result of a crime. As added by P.L.97-2003, SEC.1.

Sec. 6. A person who violates this chapter commits a Class A misdemeanor. As added by P.L.97-2003, SEC.1.

Sec. 7. (a) Records and information generated by a jeweler in the course of business are confidential under IC 5-14-3-4. (b) A law enforcement officer (as defined in IC 3-6-6-36(a)) may obtain or receive records and information described in subsection (a) relating to the purchase…

Sec. 1. This chapter applies to all: (1) motor vehicles that are sold, leased, transferred, or replaced by a dealer or manufacturer in Indiana; and (2) methamphetamine vehicles that are sold, leased, transferred, or replaced by a dealer or seller in Indiana. As added by P.L.150-1…

Sec. 10. If, after a reasonable number of attempts, the manufacturer, its agent, or authorized dealer is unable to correct the nonconformity, the manufacturer shall accept the return of the vehicle from the buyer and, at the buyer's option, either, within thirty (30) days, refund…

Sec. 11. (a) If a refund is tendered under this chapter with respect to a vehicle that is not a leased vehicle, the refund must be the full contract price of the vehicle, including all credits and allowances for any trade-in vehicle and less a reasonable allowance for use. (b) To…

Sec. 11.5. (a) If a refund is tendered under this chapter with respect to a leased motor vehicle, the refund shall be made as follows: (1) The lessee shall receive all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-…

Sec. 12. (a) If a vehicle is replaced by a manufacturer under this chapter, the manufacturer shall reimburse the buyer for any fees for the transfer of registration or any sales tax incurred by the buyer as a result of replacement. (b) If a replaced vehicle was financed by the ma…

Sec. 13. Whenever a vehicle is replaced or refunded under this chapter, the manufacturer shall reimburse the buyer for necessary towing and rental costs actually incurred as a direct result of the nonconformity. As added by P.L.150-1988, SEC.1.

Sec. 14. A buyer has the option of retaining the use of any vehicle returned under this chapter until the time that the buyer has been tendered a full refund or replacement vehicle of comparable value. The use of any vehicle retained by a buyer after its return to a manufacturer …

Sec. 15. (a) A reasonable number of attempts is considered to have been undertaken to correct a nonconformity if: (1) the nonconformity has been subject to repair at least four (4) times by the manufacturer or its agents or authorized dealers, but the nonconformity continues to e…

Sec. 16. (a) A manufacturer, its agent, or authorized dealer may not refuse to diagnose or repair any vehicle for the purpose of avoiding liability under this chapter. (b) A manufacturer, its agent, or authorized dealer shall provide a buyer with a written repair order each time …

Sec. 16.1. (a) If a dealer or seller knows or reasonably should know that a motor vehicle is a methamphetamine vehicle, the dealer or seller shall disclose, in writing, to the buyer, prospective buyer, lessee, or prospective lessee that the motor vehicle is a methamphetamine vehi…

Sec. 16.2. (a) In addition to any other remedy or penalty provided in this chapter, if a dealer or seller fails to make a disclosure required under section 16.1 of this chapter, a buyer or lessee may bring a civil action against the dealer or seller. (b) In an action brought by a…

Sec. 18. It is an affirmative defense to any claim under this chapter that: (1) the nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; or (2) the nonconformity, defect, or condition is the result of abuse, neglect, or…

Sec. 19. This chapter does not apply to any buyer who has not first resorted to an informal procedure established by a manufacturer or in which a manufacturer participates if: (1) the procedure is certified by the attorney general as: (A) complying in all respects with 16 C.F.R. …

Sec. 2. As used in this chapter, "business day" means a day other than Sunday or a legal holiday (as defined in IC 1-1-9-1). As added by P.L.150-1988, SEC.1.