Title 24, TRADE REGULATION

Sec. 6. Before executing a contract or agreement with a buyer or receiving money or other valuable consideration, a credit services organization must provide the buyer with a written statement that contains the following: (1) A complete and detailed description of the services to…

Sec. 7. (a) Except as provided in subsection (d), a contract between a consumer and a credit services organization concerning the purchase of the services of the credit services organization must be in writing, be dated and signed by both the consumer and the credit services orga…

Sec. 8. (a) Before doing business in Indiana, a credit services organization must: (1) obtain a surety bond in the amount of twenty-five thousand dollars ($25,000), issued by a surety company authorized to do business in Indiana in favor of the state for the benefit of a person t…

Sec. 9. A person that is damaged by a credit services organization's violation of this chapter may: (1) bring an action to recover the greater of two (2) times the amount of actual damages or one thousand dollars ($1,000) and attorney's fees; and (2) bring an action against the b…

Sec. 1. This chapter does not apply to the purchase of valuable metal (as defined in IC 25-37.5-1-1(a)) by a valuable metal dealer regulated under IC 25-37.5. As added by P.L.63-2008, SEC.1.

Sec. 2. (a) As used in this chapter, "architectural salvage material" means an item originally installed on or in a dwelling, a business, or any other structure and subsequently removed from the dwelling, business, or other structure. (b) The term includes the following: (1) Alum…

Sec. 3. As used in this chapter, "dealer" means a person who purchases or otherwise acquires architectural salvage material for resale or reuse as part of the normal course of the person's business. As added by P.L.63-2008, SEC.1.

Sec. 4. Before a person may sell or otherwise transfer ownership of architectural salvage material to a dealer, the person must present government issued identification to the dealer to verify the identity of the person. As added by P.L.63-2008, SEC.1.

Sec. 5. A dealer may not purchase or otherwise obtain architectural salvage material: (1) from a person who is less than eighteen (18) years of age; or (2) that the dealer believes or should have reason to believe is stolen property acquired as a result of a crime. As added by P.…

Sec. 6. (a) A dealer shall keep a record book that contains the following information concerning architectural salvage material received by the dealer: (1) An accurate description of any architectural salvage material received by the dealer. If multiple articles of a similar natu…

Sec. 7. If a dealer receives a notice from a law enforcement agency to hold architectural salvage material possessed by the dealer, the dealer shall hold the architectural salvage material for at least five (5) business days after the date the dealer receives the notice. As added…

Sec. 8. (a) Records and information generated by a dealer concerning architectural salvage material are confidential under IC 5-14-3-4. (b) A law enforcement officer may obtain or receive records and information described in subsection (a) for use in the official law enforcement …

Sec. 9. A person who violates this chapter commits a Class A infraction. As added by P.L.63-2008, SEC.1.

Sec. 1. As used in this chapter, "buyer" means a person who buys goods from a seller. As added by P.L.80-1990, SEC.16.

Sec. 10. As used in this chapter, "seller" has the meaning set forth in IC 26-1-2-103(1)(d). The term includes the present holder of an installment sales agreement. As added by P.L.80-1990, SEC.16.

Sec. 11. As used in this chapter, "vehicle" has the meaning set forth in IC 24-4-9-8. As added by P.L.80-1990, SEC.16.

Sec. 12. (a) A person engages in an act of unlawful subleasing of a vehicle if all of the following conditions are met: (1) The vehicle is subject to a lease contract, an installment sales agreement, or a security agreement, the terms of which prohibit the transfer or assignment …

Sec. 13. (a) The actual or purported transfer or assignment, or the assisting, causing, or arranging of an actual or purported transfer or assignment, of a right or an interest in a vehicle under a lease contract, installment sales agreement, or security agreement by a person who…

Sec. 14. Any one (1) or more of the following who suffer any damage proximately resulting from one (1) or more acts of unlawful vehicle subleasing described in section 12 of this chapter may bring an action against the person who has engaged in those acts: (1) A seller or other s…

Sec. 15. The court in an action under section 14 of this chapter may award the following: (1) Actual damages. (2) Equitable relief, including an injunction and restitution of money and property. (3) Punitive damages. (4) Reasonable attorney's fees and costs. (5) Any other relief …

Sec. 16. A person who knowingly or intentionally engages in an act of unlawful subleasing of a vehicle as described in section 12 of this chapter commits a Class A misdemeanor. As added by P.L.80-1990, SEC.16.

Sec. 17. The remedies and penalties under this chapter are in addition to any other remedies or penalties provided by law for the conduct proscribed by this chapter. As added by P.L.80-1990, SEC.16.

Sec. 18. A person who violates this chapter commits a deceptive act that is actionable by the attorney general and is subject to the remedies and penalties under IC 24-5-0.5. As added by P.L.80-1990, SEC.16.

Sec. 19. This chapter is severable in the manner provided by IC 1-1-1-8. As added by P.L.80-1990, SEC.16.

Sec. 2. As used in this chapter, "direct loan agreement" means an agreement between a lender and a purchaser by which the lender has advanced funds under a loan secured by the vehicle that the purchaser has purchased. As added by P.L.80-1990, SEC.16.

Sec. 3. As used in this chapter, "installment sale agreement" means a credit sale of goods by a seller to a buyer for a deferred payment price payable in one (1) or more installments. As added by P.L.80-1990, SEC.16.

Sec. 4. As used in this chapter, "lease contract" means a lease contract for or in contemplation of a lease for the use of a vehicle, and the purchase of services incidental to the lease, by an individual for a term exceeding four (4) months primarily for personal, family, househ…

Sec. 5. As used in this chapter, "person" means an individual, a company, a firm, an association, a partnership, a trust, a corporation, or other legal entity. As added by P.L.80-1990, SEC.16.

Sec. 6. As used in this chapter, "purchaser" has the meaning set forth in IC 26-1-1-201(33). As added by P.L.80-1990, SEC.16.

Sec. 7. As used in this chapter, "secured party" has the meaning set forth in IC 26-1-9.1-102(a)(72). As added by P.L.80-1990, SEC.16. Amended by P.L.57-2000, SEC.8.

Sec. 8. As used in this chapter, "security agreement" has the meaning set forth in IC 26-1-9.1-102(a)(73). As added by P.L.80-1990, SEC.16. Amended by P.L.57-2000, SEC.9.

Sec. 9. As used in this chapter, "security interest" has the meaning set forth in IC 26-1-1-201(37). As added by P.L.80-1990, SEC.16.

Sec. 1. (a) Except as provided in subsections (b) through (d), this chapter applies to an item delivered to a retail merchant after June 30, 2009. (b) This chapter does not apply to an item that has a value less than fifty dollars ($50). (c) This chapter does not apply to an item…

Sec. 10. Trust property under section 8 or 9 of this chapter is not subject to a claim, lien, or security interest of a creditor of the retail merchant. As added by P.L.85-2009, SEC.2. Amended by P.L.1-2010, SEC.96.

Sec. 11. (a) A retail merchant may accept an item for commission on consignment from a person only if, not later than seven (7) days after accepting the item, the retail merchant enters into a written contract with the person that specifies the following: (1) The value of the ite…

Sec. 2. As used in this chapter, "bona fide purchaser" means a person who in good faith makes a purchase without notice of any outstanding rights of others. As added by P.L.85-2009, SEC.2.

Sec. 3. As used in this chapter, "claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, fixed, matured, disputed, secured, legal, or equitable. The term includes costs of collection and attorney's fees only to the extent that the laws of In…

Sec. 4. As used in this chapter, "commission" means the fee that a consignor and a retail merchant have agreed that the retail merchant may retain after the sale of the consignor's item to a third party. The term includes any form of compensation, including a percentage of the ac…

Sec. 5. As used in this chapter, "creditor" means a person who has a claim. As added by P.L.85-2009, SEC.2.

Sec. 6. As used in this chapter, "on consignment" means that no: (1) title to; (2) estate in; or (3) right to possession of; an item superior to that of the consignor vests in the consignee, even if the consignee has the authority to transfer the consignor's right, title, and int…

Sec. 7. As used in this chapter, "retail merchant" means a retail merchant making a retail transaction as described in IC 6-2.5-4-1. As added by P.L.85-2009, SEC.2.

Sec. 8. (a) When a person delivers an item to a retail merchant for the purpose of: (1) sale; (2) exhibition; or (3) sale and exhibition; for a commission, the delivery to and acceptance of the item by the retail merchant places the item on consignment, unless the delivery is und…

Sec. 9. (a) If an item is trust property under section 8 of this chapter when a retail merchant initially receives it, the item remains trust property until the balance due the consignor from the sale of the item is paid in full, even if the retail merchant directly or indirectly…

Sec. 1. It is the policy of the state to discourage deceptive environmental advertising claims. As added by P.L.13-1991, SEC.2.

Sec. 10. As used in this chapter, "recycled" means that an article contains at least ten percent (10%) by weight of postconsumer or post manufacture material. As added by P.L.13-1991, SEC.2.

Sec. 11. For purposes of this chapter, a wholesaler or retailer is not considered to have made a representation if the wholesaler or retailer does not initiate a representation by placing the representation on a package. As added by P.L.13-1991, SEC.2.