Indiana § 24-4-26-5 - Action by attorney general

Full text of Indiana Indiana Code § 24-4-26-5 — Action by attorney general, with citation guidance and answers to common questions.

§ 24-4-26-5. Action by attorney general

Sec. 5. (a) The attorney general may bring an action under this chapter to obtain any or all of the following against a person that violates this chapter:

(1) An injunction to enjoin future violations of this chapter.

(2) The following civil penalties:

(A) Not more than five thousand dollars ($5,000) for the first violation.

(B) Not more than ten thousand dollars ($10,000) for a second violation.

(3) The attorney general's reasonable costs in:

(A) the investigation of the violations under this chapter; and

(B) maintaining the action.

(b) All civil penalties collected under this chapter shall be deposited in the state general fund.

As added by P.L.227-2025, SEC.41.

IC 24-4-27.5Chapter 27.5. Proxy Advisors

24-4-27.5-0.5"Affiliated group" 24-4-27.5-0.7"Charitable organization" 24-4-27.5-1"Default recommendation or policy" 24-4-27.5-2"Entity" 24-4-27.5-3"Entity management" 24-4-27.5-4"Entity proposal" 24-4-27.5-5"Interest" 24-4-27.5-6"Interest holder" 24-4-27.5-7"Proxy advisor" 24-4-27.5-8"Proxy advisory service" 24-4-27.5-9"Proxy proposal" 24-4-27.5-10"Written financial analysis" 24-4-27.5-11Required actions of a proxy advisor upon recommendation against entity management 24-4-27.5-12Deceptive acts; action seeking declaratory judgment or injunctive relief

IC 24-4-27.5-0.5"Affiliated group" Sec. 0.5. As used in this chapter, "affiliated group" means a group of one (1) or more entities in which a controlling interest is owned by a common owner or owners, either corporate or noncorporate, or by one (1) or more of the member entities.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-0.7"Charitable organization" Sec. 0.7. As used in this chapter, "charitable organization" means an organization that is recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-1"Default recommendation or policy" Sec. 1. As used in this chapter, "default recommendation or policy" means a system, set of rules, principles, or guidelines designed to assist with voting decisions on any entity proposals or proxy proposals.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-2"Entity" Sec. 2. (a) As used in this chapter, "entity" means a:

(1) business corporation (as defined in IC 23-0.5-1.5-3);

(2) general partnership (as defined in IC 23-0.5-1.5-13), including a limited liability partnership (as defined in IC 23-0.5-1.5-21);

(3) limited partnership (as defined in IC 23-0.5-1.5-22); or

(4) limited liability company (as defined in IC 23-0.5-1.5-20).

(b) The term does not include:

(1) an individual;

(2) a business trust, a trust with a predominately donative purpose, or a charitable trust;

(3) an association or relationship that:

(A) is not listed in subsection (a); and

(B) is not a partnership under the rules stated in IC 23-4-1-7 or a similar provision of the law of another jurisdiction;

(4) a decedent's estate; or

(5) a government or a governmental subdivision, agency, or

instrumentality.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-3"Entity management" Sec. 3. As used in this chapter, "entity management" means an individual or group of individuals that actively oversee and direct an entity's activities, resources, and personnel to accomplish the entity's objectives.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-4"Entity proposal" Sec. 4. As used in this chapter, "entity proposal" means any proposal made by an entity to its interest holders that is included in the entity's proxy statement, including director nominations or elections or any proposal relating to director nominations or elections, executive compensation, corporate transactions, corporate structure, auditor selection, or entity policy on any subject.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-5"Interest" Sec. 5. As used in this chapter, "interest" means:

(1) a share in a business corporation (as defined in IC 23-0.5-1.5-3); or

(2) a governance interest or economic interest in any other type of unincorporated entity.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-6"Interest holder" Sec. 6. As used in this chapter, "interest holder" means a direct holder of an interest in an entity.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-7"Proxy advisor" Sec. 7. As used in this chapter, "proxy advisor" means a person who, for compensation, provides a proxy advisory service to interest holders of an entity or to other persons with authority to vote on behalf of interest holders of an entity. The term does not include:

(1) a financial institution (as defined in IC 4-4-28-3) that has its deposits insured by the FDIC (as defined in IC 28-6.2-1-10) and provides proxy advisory services as a result of a fiduciary duty that the financial institution owes to the recipient of the financial institution's proxy advisory services, regardless of whether the fiduciary duty is required by agreement, statute, regulation, or common law; and

(2) any:

(A) employee of a financial institution described in subdivision (1);

(B) affiliate of a financial institution described in subdivision (1); and

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-8"Proxy advisory service" Sec. 8. (a) As used in this chapter, "proxy advisory service" means any of the following services that are provided in connection with an entity or are provided to any person in Indiana:

(1) Advice or a recommendation on how to vote on an entity proposal or proxy proposal.

(2) Proxy statement research and analysis regarding an entity proposal or proxy proposal.

(3) Development of proxy voting recommendations or policies, including establishing default recommendations or policies.

(b) The term does not include a charitable organization if:

(1) the charitable organization's gross annual revenue attributable to proxy advisory services is less than five hundred thousand dollars ($500,000); and

(2) each affiliated group of the charitable organization has a combined gross annual revenue attributable to proxy advisory services that is less than five hundred thousand dollars ($500,000), if applicable.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-9"Proxy proposal" Sec. 9. As used in this chapter, "proxy proposal" means any proposal made by an interest holder of an entity that is included in the entity's proxy statement, including a proposal relating to any of the subjects that could be covered by an entity proposal.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-10"Written financial analysis" Sec. 10. As used in this chapter, "written financial analysis" means a written document that:

(1) analyzes the expected short term and long term financial benefits and costs to an entity of implementing an entity proposal or proxy proposal;

(2) concludes what vote or course of action is most likely to positively affect interest holder value; and

(3) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the conclusion.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-11Required actions of a proxy advisor upon recommendation against entity management Sec. 11. (a) If a proxy advisor makes a recommendation against entity management on an entity proposal or proxy proposal, or makes a default recommendation or policy concerning votes against entity management on entity proposals or proxy proposals, and the proxy advisor does not do so based on a written financial analysis, the proxy advisor shall do the following:

(1) At the time the proxy advisor provides the proxy advisory services, provide a clear and conspicuous disclosure to each interest holder or any person acting on behalf of an interest holder receiving the proxy advisory services that:

(A) identifies the services being provided by the proxy advisor;

(B) identifies the recommendation or policy at issue; and

(C) states that the proxy advisor has made the recommendation or policy without utilizing a written financial analysis regarding the impact that the recommended action would have on entity interest holders that:

(i) analyzes the expected short term and long term financial benefits and costs to the entity of implementing the entity proposal or proxy proposal;

(ii) concludes what vote or course of action is most likely to positively affect interest holder value; and

(iii) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the conclusion.

(2) If the proxy advisor provides proxy advisory services described in section 8(1) or 8(2) of this chapter, then at the time the proxy advisor provides the proxy advisory services described in section 8(1) and 8(2) of this chapter, the proxy advisor must provide the disclosure described in subdivision (1) to entity management.

(3) For the entire time that a proxy advisor is providing proxy advisory services to an interest holder of an entity or any person acting on behalf of an interest holder of an entity, prominently display on the home page of the proxy advisor's website a statement that the proxy advisor has made a recommendation:

(A) against entity management on an entity proposal or proxy proposal; and

(B) without utilizing a written financial analysis regarding the impact that the recommended action would have on entity interest holders that:

(i) analyzes the expected short term and long term financial benefits and costs to the entity of implementing the entity proposal or proxy proposal;

(ii) concludes what vote or course of action is most likely to positively affect interest holder value; and

(iii) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the conclusion.

(b) If a proxy advisor makes a recommendation against entity management on an entity proposal or proxy proposal, or makes a default recommendation or policy concerning votes against entity management on entity proposals or proxy proposals, and the proxy advisor does so based on a written financial analysis, the proxy advisor shall do the following:

(A) identifies the services being provided by the proxy advisor;

(B) identifies the recommendation or policy at issue;

(i) analyzes the expected short term and long term financial benefits and costs to the entity of implementing the entity proposal or proxy proposal;

(ii) concludes what vote or course of action is most likely to positively affect interest holder value; and

(iii) explains the methods and processes used to prepare the analysis, including the experience and geographic location of the personnel who formed the conclusion; and

(D) states that the written financial analysis described in clause (C) is available upon request.

(2) Make the written financial analysis described in subdivision (1)(C) available to an interest holder or any person acting on behalf of an interest holder, receiving the proxy advisory services within a reasonable time after an interest holder or any person acting on behalf of an interest holder, receiving the proxy advisory services requests the written financial analysis.

(3) If the proxy advisor provides proxy advisory services described in section 8(1) or 8(2) of this chapter, then at the time the proxy advisor provides the proxy advisory services described in section 8(1) and 8(2) of this chapter, the proxy advisor must provide a copy of the written financial analysis described in subdivision (1)(C) to entity management.

As added by P.L.60-2026, SEC.1.

IC 24-4-27.5-12Deceptive acts; action seeking declaratory judgment or injunctive relief Sec. 12. (a) As used in this section, "interested person" means:

(1) a recipient of proxy advisory services provided by a proxy advisor;

(2) an entity that is the subject of proxy advisory services described in section 8(1) or 8(2) of this chapter provided by a proxy advisor; and

(3) any interest holder of an entity that is the subject of proxy advisory services described in section 8(1) or 8(2) of this chapter provided by a proxy advisor.

(b) A proxy advisor who violates any provision of this chapter commits a deceptive act which is actionable under IC 24-5-0.5 and subject to the penalties of IC 24-5-0.5.

(c) Notwithstanding subsection (b), an interested person may bring an action seeking a declaratory judgment or injunctive relief against a proxy advisor who the interested person believes has violated this chapter. Not later than seven (7) days after the date on which an interested person brings an action under this subsection, the interested person shall provide written notice to the attorney general that informs the attorney general of the existence of the action. The attorney general has the right to intervene in an action under this subsection.

As added by P.L.60-2026, SEC.1.

IC 24-4.4ARTICLE 4.4. REPEALEDRepealed by P.L.115-2026, SEC.22.

IC 24-4.5ARTICLE 4.5. REPEALEDRepealed by P.L.23-2026, SEC.291 and P.L.115-2026, SEC.23.

IC 24-4.6ARTICLE 4.6. SPECIAL PROVISIONS CONCERNING CERTAIN TRANSACTIONS

Ch. 1.Interest Limits and Application of Other Laws Ch. 2.Repealed Ch. 2.1.Repealed Ch. 3.Unauthorized Solicitation of Money Using the Name of a Public Safety Agency Ch. 4.Coalition to Support Indiana Seniors Ch. 5.Vehicle Owner Liability for Motor Fuel Theft Ch. 6.Senior Consumer Protection

IC 24-4.6-1Chapter 1. Interest Limits and Application of Other Laws

24-4.6-1-0.1Application of certain amendments to chapter 24-4.6-1-101Money judgments 24-4.6-1-102Rate in absence of agreement 24-4.6-1-103Date of accrual 24-4.6-1-104Computation of interest; methods 24-4.6-1-201Law applicable to consumer credit sales or leases 24-4.6-1-202Applicability of IC 24-5-6 to sales at residence of consumer

IC 24-4.6-1-0.1Application of certain amendments to chapter Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The amendments made to section 101 of this chapter by P.L.149-1988 apply to the accrual of interest after June 30, 1988, on any part of a judgment that is unpaid after June 30, 1988, even if the judgment was rendered before July 1, 1988.

(2) The amendments made to section 101 of this chapter by P.L.208-1993 apply to the accrual of interest after December 31, 1993, on any part of a judgment that is unpaid after December 31, 1993, even if the judgment was rendered before January 1, 1994.

As added by P.L.220-2011, SEC.392.

IC 24-4.6-1-101Money judgments Sec. 101. Except as otherwise provided by statute, interest on judgments for money whenever rendered shall be from the date of the return of the verdict or finding of the court until satisfaction at:

(1) the rate agreed upon in the original contract sued upon, which shall not exceed an annual rate of eight percent (8%) even though a higher rate of interest may properly have been charged according to the contract prior to judgment; or

(2) an annual rate of eight percent (8%) if there was no contract by the parties.

Formerly: Acts 1974, P.L.115, SEC.2. As amended by Acts 1981, P.L.220, SEC.1; P.L.149-1988, SEC.1; P.L.208-1993, SEC.1.

IC 24-4.6-1-102Rate in absence of agreement Sec. 102. When the parties do not agree on the rate, interest on loans or forbearances of money, goods or things in action shall be at the rate of eight percent (8%) per annum until payment of judgment.

Formerly: Acts 1974, P.L.115, SEC.2.

IC 24-4.6-1-103Date of accrual Sec. 103. Interest at the rate of eight percent (8%) per annum shall be allowed:

(a) From the date of settlement on money due on any instrument in writing which does not specify a rate of interest and which is not covered by IC 37-2 or this article;

(b) And from the date an itemized bill shall have been rendered and payment demanded on an account stated, account closed or for money had and received for the use of another and retained without the other person's consent.

Formerly: Acts 1974, P.L.115, SEC.2. As amended by P.L.86-2018, SEC.196; P.L.115-2026, SEC.24.

IC 24-4.6-1-104Computation of interest; methods Sec. 104. (a) The parties may agree upon any method of computing interest on a loan or a forbearance of money, goods, or things in action if the amount of interest on the unpaid balances of the principal does not exceed any limitation imposed by law upon charges incident to the extension of credit.

(b) Methods of computing interest to which parties may agree under this section include the following:

(1) Simple interest on the unpaid balances of the principal.

(2) Simple interest on the outstanding balance of the principal to which is added past due installments of interest, the sum of which forms the principal upon which interest thereafter shall be computed. The addition to principal in this manner may occur repeatedly but not more frequently than daily.

(c) Unless the parties agree otherwise, the method of computing interest agreed upon under this section continues to apply after the term of the loan or forbearance, including after the award of a judgment on the loan or forbearance, until all principal and interest and the amount of any judgment are paid.

(d) If the parties do not agree on the method of computation, interest shall be computed and charged:

(1) at the rate agreed to by the parties or as provided in section 102 of this chapter; and

(2) according to the method described in subsection (b)(2).

As added by P.L.140-1990, SEC.1.

IC 24-4.6-1-201Law applicable to consumer credit sales or leases Sec. 201. IC 24-5-2-21 through IC 24-5-2-24 apply to consumer credit sales, consumer leases, and assignees thereof.

Formerly: Acts 1974, P.L.115, SEC.2. As amended by P.L.10-2006, SEC.21 and P.L.57-2006, SEC.21.

IC 24-4.6-1-202Applicability of IC 24-5-6 to sales at residence of consumer Sec. 202. The provisions of IC 24-5-6 (repealed) concerning sales at the residence of a consumer shall not apply to consumer credit sales or consumer leases but shall apply to all other sales at the residence of a consumer.

Formerly: Acts 1974, P.L.115, SEC.2. As amended by P.L.1-2010, SEC.98.

IC 24-4.6-2Chapter 2. RepealedRepealed by P.L.2-2002, SEC.128.

IC 24-4.6-2.1Chapter 2.1. RepealedRepealed by P.L.2-2002, SEC.128.

IC 24-4.6-3Chapter 3. Unauthorized Solicitation of Money Using the Name of a Public Safety Agency

24-4.6-3-1"Public safety agency" defined 24-4.6-3-2Permission for solicitation required; withdrawal of permission 24-4.6-3-3Requirements for solicitation; violations 24-4.6-3-4Violations

IC 24-4.6-3-1"Public safety agency" defined Sec. 1. As used in this chapter, "public safety agency" means a state or local law enforcement or fire protection agency.

As added by P.L.173-1997, SEC.1.

IC 24-4.6-3-2Permission for solicitation required; withdrawal of permission Sec. 2. (a) A person may not solicit or otherwise request money from the public for any purpose:

(1) using the name of a public safety agency; or

(2) by using language that implies a connection to a public safety agency;

unless the person first receives express written permission from the public safety agency.

(b) Permission granted by a public safety agency under subsection (a) may be withdrawn by the agency if the agency finds that a person is or has been soliciting in a manner that:

(1) reflects negatively on the agency; or

(2) differs significantly from that for which permission was granted.

(c) A person shall immediately stop soliciting upon notification by a public service agency that the agency has withdrawn its permission.

As added by P.L.173-1997, SEC.1.

IC 24-4.6-3-3Requirements for solicitation; violations Sec. 3. (a) A solicitation of money in any form approved under section 2 of this chapter must:

(1) inform the public that the solicitation has been approved by the appropriate public safety agency; and

(2) use the correct name of the public safety agency.

(b) A person who violates this section commits a Class C infraction.

As added by P.L.173-1997, SEC.1.

IC 24-4.6-3-4Violations Sec. 4. A person who knowingly or intentionally violates section 2 of this chapter commits a Class A misdemeanor.

As added by P.L.173-1997, SEC.1.

IC 24-4.6-4Chapter 4. Coalition to Support Indiana Seniors

24-4.6-4-1"Alternative payment date process" defined 24-4.6-4-2"Coalition" defined 24-4.6-4-3"Senior citizen" defined 24-4.6-4-4Establishment and membership 24-4.6-4-5Publishing of list of members 24-4.6-4-6Member advertising

IC 24-4.6-4-1"Alternative payment date process" defined Sec. 1. As used in this chapter, "alternative payment date process" refers to the process described in section 4(d) of this chapter.

As added by P.L.25-2002, SEC.1.

IC 24-4.6-4-2"Coalition" defined Sec. 2. As used in this chapter, "coalition" means the coalition to support Indiana seniors established by section 4(a) of this chapter.

As added by P.L.25-2002, SEC.1.

IC 24-4.6-4-3"Senior citizen" defined Sec. 3. As used in this chapter, "senior citizen" means a resident of Indiana who is at least sixty (60) years of age.

As added by P.L.25-2002, SEC.1.

IC 24-4.6-4-4Establishment and membership Sec. 4. (a) The coalition to support Indiana seniors is established.

(b) The coalition consists of businesses that meet the requirements of this chapter.

(c) To be admitted as a member of the coalition, a business must provide written notification to the lieutenant governor that the business seeks membership and that the business meets the requirements of subsection (d).

(d) A business is eligible for membership in the coalition if the business creates a process that allows a senior citizen to have an alternative payment date for all amounts due to the business that does not conflict or pose an undue hardship with the date the senior citizen receives payments from the Social Security Administration, a pension, or any other form of retirement income. The alternative payment date process must allow a senior citizen to elect to use the alternative payment date process by contacting the business.

(e) A business that creates an alternative payment date process must:

(1) notify each senior citizen who is required to make payments to the business that the alternative payment date process has been created; and

(2) provide information to the senior citizen on using the alternative payment date process.

(f) The business must allow a senior citizen to elect to use the alternative payment date process if the senior citizen contacts the business and requests to use the alternative payment date process.

As added by P.L.25-2002, SEC.1.

IC 24-4.6-4-5Publishing of list of members Sec. 5. (a) The lieutenant governor shall compile a list of the members of the coalition.

(b) Not later than July 1 and December 1 of each year, the lieutenant governor shall publish the list of members of the coalition.

As added by P.L.25-2002, SEC.1.

IC 24-4.6-4-6Member advertising Sec. 6. A member of the coalition may display and use in advertising the following phrase:

"Member of the Coalition to Support Indiana Seniors".

As added by P.L.25-2002, SEC.1.

IC 24-4.6-5Chapter 5. Vehicle Owner Liability for Motor Fuel Theft

24-4.6-5-1"Motor fuel" 24-4.6-5-2"Retailer" 24-4.6-5-3"Vehicle" 24-4.6-5-4Owner liability to retailer 24-4.6-5-5Collection of a liability 24-4.6-5-6Notice to owner of vehicle 24-4.6-5-7Civil liability of vehicle owner 24-4.6-5-8Bureau of motor vehicles rules, agreements with association of retailers, release of information; owner payment of fees

IC 24-4.6-5-1"Motor fuel" Sec. 1. As used in this chapter, "motor fuel" includes gasoline (as defined in IC 6-6-1.1-103(g)), special fuel (as defined in IC 6-6-2.5-22), and alternative fuel (as defined in IC 6-6-2.5-1).

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-2"Retailer" Sec. 2. As used in this chapter, "retailer" means a person that engages in the business of selling or distributing motor fuel to an end user within Indiana.

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-3"Vehicle" Sec. 3. As used in this chapter, "vehicle" has the meaning set forth in IC 6-6-5-1(b).

As added by P.L.97-2011, SEC.2. Amended by P.L.256-2017, SEC.187.

IC 24-4.6-5-4Owner liability to retailer Sec. 4. (a) Subject to section 6(b) of this chapter, if:

(1) motor fuel from a retailer is pumped into a vehicle; and

(2) proper payment is not made to the retailer for the motor fuel;

the owner of the vehicle is liable to the retailer for the total pump price of the motor fuel pumped into the vehicle plus a service charge of fifty dollars ($50), and the cost of certified mail, return receipt requested, or as provided in IC 1-1-7-1(a).

(b) The service charge may be imposed upon a vehicle owner when notice is mailed to the vehicle owner under section 5 of this chapter. Only one (1) service charge may be imposed under this section for each incident in which motor fuel is pumped into a vehicle and proper payment is not made.

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-5Collection of a liability Sec. 5. (a) To collect a liability from a vehicle owner under this chapter, an association of retailers must first send a notice of nonpayment to the vehicle owner by certified mail, return receipt requested, to the address indicated by records obtained under section 8 of this chapter.

(b) A notice sent under subsection (a) must:

(1) state the total pump price of the motor fuel pumped into the vehicle owner's vehicle and the amount of the service charge;

(2) state how the vehicle owner is to pay the liability;

(3) include a copy of this chapter and IC 34-24-3;

(4) state that, subject to section 6(b) of this chapter, the vehicle owner is subject to liability for an amount equal to triple the total pump price of the motor fuel received plus other damages under IC 34-24-3-1 if the liability is not paid within thirty (30) days; and

(5) include a signed statement by the retailer or the employee of the retailer who reported the incident in which motor fuel was pumped into the vehicle owner's vehicle and proper payment was not made, setting forth:

(A) the date, time, and location of the incident; and

(B) the license plate number of the vehicle into which the motor fuel was pumped.

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-6Notice to owner of vehicle Sec. 6. (a) Subject to subsection (b), if a vehicle owner does not pay the total pump price of the motor fuel pumped and the service charge within thirty (30) days after the association of retailers sends the notice to the vehicle owner under section 5 of this chapter, the vehicle owner:

(1) is liable to the retailer for:

(A) the total pump price of the motor fuel pumped, as set forth in the notice sent under section 5 of this chapter; and

(B) the service charge under section 4 of this chapter; and

(2) is subject to liability to the retailer for other damages, costs, fees, and expenses in an action brought by the retailer under IC 34-24-3-1.

(b) If a vehicle owner, not more than thirty (30) days after the association of retailers sends the notice to the vehicle owner under section 5 of this chapter, sends written notice to the association of retailers:

(1) disputing the retailer's claim that motor fuel was pumped into the vehicle owner's vehicle and proper payment was not made; or

(2) stating that, when motor fuel was pumped into the vehicle owner's vehicle and proper payment was not made, the vehicle owner was not operating the vehicle and was not responsible for paying for the motor fuel pumped into the vehicle;

the vehicle owner does not become liable to the retailer under subsection (a)(1), and the association of retailers shall cease communications and all collection efforts under this chapter. However, the retailer may pursue a civil action against the vehicle owner under IC 34-24-3-1.

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-7Civil liability of vehicle owner Sec. 7. If a vehicle owner does not:

(1) pay the total pump price of the motor fuel pumped and the service charge in response to a notice sent by a retailer under this chapter; or

(2) reply to the retailer's notice with a written notice under section 6(b)(1) or 6(b)(2) of this chapter;

the vehicle owner's civil liability under this chapter does not preclude criminal liability under IC 35-43-4-2, IC 35-43-4-3, IC 35-43-4-8, or any other law.

As added by P.L.97-2011, SEC.2.

IC 24-4.6-5-8Bureau of motor vehicles rules, agreements with association of retailers, release of information; owner payment of fees Sec. 8. (a) The bureau of motor vehicles shall adopt rules under IC 4-22-2 to implement a system by which an association of retailers may obtain the name and mailing address of the owner of a vehicle involved in an incident in which motor fuel is pumped into the vehicle and proper payment is not made. The bureau of motor vehicles may integrate any system established under this section with its existing programs for the release of information under IC 9-14-12 and IC 9-14-13.

(b) The bureau of motor vehicles may enter into an agreement with an association of retailers to establish:

(1) a fee different from the fees provided for in IC 9-14-12-7; or

(2) other negotiated terms for the release of vehicle owner records;

for purposes of the system established under this section.

(1) consistent with the authority of the bureau of motor vehicles under IC 9-14-13; and

(2) in compliance with 18 U.S.C. 2721 et seq.

(d) The name and mailing address of the owner of a vehicle released by the bureau of motor vehicles under subsection (a) may be used by an association of retailers only for purposes of collection efforts under this chapter.

(e) If the owner of a vehicle makes complete payment:

(1) as set forth in section 4(a) of this chapter for the:

(A) price of motor fuel that has been pumped into the vehicle;

(B) service charge of fifty dollars ($50); and

(2) for an amount equal to triple the pump price of the motor fuel received plus other damages under IC 34-24-3-1, as set forth in section 5(b)(4) of this chapter;

no criminal prosecution for a violation of IC 35-43-4 may be brought against the owner of the vehicle for the failure to make proper payment to a retailer under this chapter.

As added by P.L.97-2011, SEC.2. Amended by P.L.198-2016, SEC.655.

IC 24-4.6-6Chapter 6. Senior Consumer Protection

24-4.6-6-1Senior consumer protection act; application 24-4.6-6-2Purposes and policies 24-4.6-6-3Definitions 24-4.6-6-4Financial exploitation of a senior consumer 24-4.6-6-5Action by senior consumer victim; remedies; action by attorney general 24-4.6-6-6Other rights and remedies available to senior consumers

IC 24-4.6-6-1Senior consumer protection act; application 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 the Indiana department of insurance. A senior consumer who is a victim of an act that is:

(1) described in section 4(a) or 4(b) of this chapter; and

(2) related to insurance coverage or an insurance product;

may report the act to the Indiana department of insurance for action by the insurance commissioner under IC 27. If the insurance commissioner determines that the person who committed the act is not subject to regulation by the Indiana department of insurance, the insurance commissioner shall immediately refer the senior consumer to the attorney general and the senior consumer may pursue remedies available under this chapter.

(c) This chapter does not apply to the exploitation of a senior consumer in relation to securities fraud that is regulated by the secretary of state's office. A senior consumer who is a victim of an act that is:

(1) described in section 4(a) or 4(b) of this chapter; and

(2) related to the Indiana uniform securities act under IC 23-19;

shall report the act to the secretary of state under IC 23-19. If the secretary of state's office determines the person who committed the act is not subject to the regulation of the secretary of state's office, the secretary of state's office shall immediately refer the senior consumer to the attorney general and the senior consumer may pursue remedies available under this chapter.

As added by P.L.250-2013, SEC.1.

IC 24-4.6-6-2Purposes and policies 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; and

(2) protect senior consumers from financial exploitation from persons, who by deception or intimidation, obtain control over the property or assets of a senior consumer.

As added by P.L.250-2013, SEC.1.

IC 24-4.6-6-3Definitions 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 of the property involved in such a contract or agreement; or

(B) the use or employment of any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a senior consumer to enter into a contract or agreement.

(2) "Intimidation" means the conduct or communication by a person directed toward a senior consumer informing or implying to the senior consumer that the senior consumer will be deprived of food and nutrition, shelter, prescribed medication, or medical care and treatment if the senior consumer does not comply with the person's demands.

(3) "Person" means an individual, a corporation, the state of Indiana or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, a nonprofit corporation or organization, a cooperative, or any other legal entity.

(4) "Person in a position of trust and confidence" means a person, in relation to a senior consumer, who:

(A) is a parent, spouse, adult child, or other relative by blood or marriage of the senior consumer;

(B) is a joint tenant or tenant in common with the senior consumer;

(D) is a financial planning or investment professional; or

(E) is a paid or unpaid caregiver for the senior consumer.

(5) "Senior consumer" means an individual who is at least sixty (60) years of age.

As added by P.L.250-2013, SEC.1.

IC 24-4.6-6-4Financial exploitation of a senior consumer 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 assets or resources of a senior consumer includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, intimidation, or use of the assets or resources contrary to law.

(c) Nothing in this section shall be construed to impose civil liability on a person who has made a good faith effort to assist a senior consumer in the management of the senior consumer's property, but through no fault of the person has been unable to provide such assistance.

(d) It is not a defense in an action under this chapter that a person reasonably believed that the victim was not a senior consumer.

As added by P.L.250-2013, SEC.1.

IC 24-4.6-6-5Action by senior consumer victim; remedies; action by attorney general 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 property or assets improperly obtained, controlled, or used; and

(2) reimburse the senior consumer for any damages incurred or for the value of the property or assets lost as a result of the violation or violations of this chapter.

(1) For knowing violations committed by a person who is not in a position of trust and confidence:

(A) payment of two (2) times the amount of damages incurred or value of property or assets lost; and

(B) payment of a civil penalty not exceeding five thousand dollars ($5,000).

(2) For knowing violations committed by a person in a position of trust and confidence:

(A) payment of treble damages; and

(B) payment of a civil penalty not exceeding ten thousand dollars ($10,000).

(d) The court may award reasonable attorney's fees to a senior consumer that prevails in an action under this section. Actual damages awarded to a person under this section have priority over any civil penalty imposed under this chapter.

(e) The burden of proof in proving that a person committed financial exploitation of a senior consumer under section 4 of this chapter is by a preponderance of the evidence.

(f) The attorney general may bring an action to enjoin an alleged commission of financial exploitation of a senior consumer and may petition the court to freeze the assets of the person allegedly committing financial exploitation of a senior consumer in an amount equal to but not greater than the alleged value of lost property or assets for purposes of restoring to the victim the value of the lost property or assets. The burden of proof required to freeze the assets of a person allegedly committing financial exploitation of a senior consumer is by a preponderance of the evidence. In addition, the court may:

(1) issue an injunction;

(2) order the person to make payment of the money unlawfully received from the senior consumer or senior consumers, to be held in escrow for distribution to the aggrieved senior consumer or senior consumers;

(3) for knowing violations, increase the amount of restitution ordered under subdivision (2) in any amount up to three (3) times the amount of damages incurred or value of property or assets lost;

(4) order the person to pay to the state the reasonable costs of the attorney general's investigation and prosecution related to the action;

(5) provide for the appointment of a receiver;

(6) for knowing violations by a person who is not in a position of trust and confidence, order the person to pay a civil penalty of up to five thousand dollars ($5,000) per violation; and

(7) for knowing violations by a person in a position of trust and confidence, order the person to pay a civil penalty of up to ten thousand dollars ($10,000) per violation.

(g) In an action under subsection (a) or (f), the court may void or limit the application of contracts or clauses resulting from the financial exploitation.

(h) In an action under subsection (a), upon the filing of the complaint or on the appearance of any defendant, claimant, or other party, or at any later time, the trial court, the supreme court, or the court of appeals may require the plaintiff, defendant, claimant, or other party or parties to give security, or additional security, in a sum the court directs to pay all costs, expenses, and disbursements that are awarded against that party or that the party may be directed to pay by any interlocutory order, by the final judgment, or on appeal.

(i) Any person who violates the terms of an injunction issued under subsection (f) shall forfeit and pay to the state a civil penalty of not more than fifteen thousand dollars ($15,000) per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction, the cause shall be continued, and the attorney general acting in the name of the state may petition for recovery of civil penalties. Whenever the court determines that an injunction issued under subsection (f) has been violated, the court shall award reasonable costs to the state.

As added by P.L.250-2013, SEC.1.

IC 24-4.6-6-6Other rights and remedies available to senior consumers 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.

IC 24-4.7ARTICLE 4.7. TELEPHONE SOLICITATION OF CONSUMERS

Ch. 1.General Provisions Ch. 2.Definitions Ch. 3.Duties of the Division Ch. 4.Telephone Solicitations Ch. 5.Civil Remedies

IC 24-4.7-1Chapter 1. General Provisions

24-4.7-1-1Application 24-4.7-1-2Compliance with other law

IC 24-4.7-1-1Application Sec. 1. This article does not apply to any of the following:

(1) A telephone call made in response to an express request of the person called.

(2) A telephone call made primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call.

(3) A telephone call made on behalf of a charitable organization that is exempt from federal income taxation under Section 501 of the Internal Revenue Code, but only if all of the following apply:

(A) The telephone call is made by a volunteer or an employee of the charitable organization.

(B) The telephone solicitor who makes the telephone call immediately discloses all of the following information upon making contact with the consumer:

(i) The solicitor's true first and last name.

(ii) The name, address, and telephone number of the charitable organization.

(4) A telephone call made by an individual licensed under IC 25-34.1 if:

(A) the sale of goods or services is not completed; and

(B) the payment or authorization of payment is not required;

until after a face to face sales presentation by the seller.

(5) A telephone call made by an individual licensed under IC 27-1-15.6 or IC 27-1-15.8 when the individual is soliciting an application for insurance or negotiating a policy of insurance on behalf of an insurer (as defined in IC 27-1-2-3).

(6) A telephone call soliciting the sale of a newspaper of general circulation, but only if the telephone call is made by a volunteer or an employee of the newspaper.

(7) Any telephone call made to a consumer by a communications service provider (as defined in IC 8-1-32.5-4) that:

(A) offers broadband Internet service; and

(B) has an established business relationship (as defined in 47 CFR 64.1200) with the consumer.

(8) Any telephone call made to a consumer by:

(A) a financial institution organized or reorganized under the laws of any state or the United States; or

(B) a person licensed by the department of financial institutions under IC 37-1, IC 37-2, or 750 IAC 9;

that has an established business relationship (as defined in 47 CFR 64.1200) with the consumer.

As added by P.L.189-2001, SEC.1. Amended by P.L.97-2004, SEC.90; P.L.242-2019, SEC.1; P.L.115-2026, SEC.25.

IC 24-4.7-1-2Compliance with other law Sec. 2. This article does not relieve a person from complying with any other applicable law.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-2Chapter 2. Definitions

24-4.7-2-1Applicability of definitions 24-4.7-2-1.7"Caller" 24-4.7-2-2"Consumer" 24-4.7-2-3"Consumer goods or services" 24-4.7-2-4"Division" 24-4.7-2-5"Doing business in Indiana" 24-4.7-2-5.5"Executive" 24-4.7-2-6"Fund" 24-4.7-2-7"Listing" 24-4.7-2-7.3"Person" 24-4.7-2-7.5"Place of primary use" 24-4.7-2-7.7"Supplier" 24-4.7-2-8"Telephone number" 24-4.7-2-9"Telephone sales call" 24-4.7-2-10"Telephone solicitor"

IC 24-4.7-2-1Applicability of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-1.7"Caller" Sec. 1.7. "Caller" has the meaning set forth in IC 24-5-14-2.

As added by P.L.61-2014, SEC.1.

IC 24-4.7-2-2"Consumer" Sec. 2. (a) "Consumer" means a residential telephone subscriber who:

(1) for the telephone service received:

(A) has a place of primary use in Indiana; or

(B) is issued an Indiana telephone number or an Indiana identification number; and

(2) is an actual or a prospective:

(A) purchaser, lessee, or recipient of consumer goods or services; or

(B) donor to a charitable organization.

(b) The term includes a user of a prepaid wireless calling service (as defined in IC 6-2.5-1-22.4) who:

(1) is issued an Indiana telephone number or an Indiana identification number for the service; or

(2) purchases prepaid wireless calling service in a retail transaction that is sourced to Indiana (as determined under IC 6-2.5-12-16).

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.6.

IC 24-4.7-2-3"Consumer goods or services" Sec. 3. "Consumer goods or services" means any of the following:

(1) Tangible or intangible personal property or real property that is normally used for personal, family, or household purposes.

(2) Property intended to be attached to or installed on real property without regard to whether it is attached or installed.

(3) Services related to property described in subdivision (1) or (2).

(4) Credit cards or the extension of credit.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-4"Division" Sec. 4. "Division" refers to the consumer protection division of the office of the attorney general.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-5"Doing business in Indiana" Sec. 5. (a) "Doing business in Indiana" means:

(1) making; or

(2) causing others to make;

telephone sales calls to consumers located in Indiana whether the telephone sales calls are made from a location in Indiana or outside Indiana.

(b) A person that controls, directly or indirectly, one (1) or more persons that make or cause another person to make a telephone call to a consumer located in Indiana is "doing business in Indiana", no matter where the person is located or domiciled.

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.7; P.L.153-2017, SEC.1.

IC 24-4.7-2-5.5"Executive" Sec. 5.5. "Executive" means any of the following, as applicable:

(1) With respect to a corporation, a person who is or performs the duties of the:

(A) president;

(B) chief executive officer;

(D) chief financial officer;

of the corporation.

(2) With respect to a partnership, a partner authorized to act on behalf of the partnership.

(3) With respect to a limited liability company, a member of the limited liability company who has not had the member's authority to act on behalf of the limited liability company revoked.

As added by P.L.242-2019, SEC.2.

IC 24-4.7-2-6"Fund" Sec. 6. "Fund" refers to the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-7"Listing" Sec. 7. "Listing" refers to the no telephone sales solicitation listing published by the division under IC 24-4.7-3 that lists the telephone numbers of consumers who do not wish to receive telephone sales calls.

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.8.

IC 24-4.7-2-7.3"Person" Sec. 7.3. "Person" means:

(1) an individual, a firm, an organization, a partnership, an association, or a corporation, including affiliates and subsidiaries; or

(2) any other legal entity.

As added by P.L.153-2017, SEC.2.

IC 24-4.7-2-7.5"Place of primary use" Sec. 7.5. "Place of primary use", with respect to a telephone subscriber, means the street address representative of where the subscriber's use of the telephone service primarily occurs, which must be:

(1) the residential street address of the subscriber or, in the case of a subscriber of interconnected VOIP service, the subscriber's registered location (as defined in 47 CFR 9.3); and

(2) in the case of mobile telecommunications services (as defined in IC 6-8.1-15-7), within the licensed service area of the home service provider, as set forth in IC 6-8.1-15-8.

As added by P.L.226-2011, SEC.9.

IC 24-4.7-2-7.7"Supplier" Sec. 7.7. "Supplier" has the meaning set forth in IC 24-5-0.5-2(a)(3).

As added by P.L.61-2014, SEC.2.

IC 24-4.7-2-8"Telephone number" Sec. 8. "Telephone number" means a residential telephone number that:

(1) is assigned to a subscriber who has a place of primary use in Indiana; or

(2) otherwise represents an Indiana telephone number or is associated with an Indiana identification number.

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.10.

IC 24-4.7-2-9"Telephone sales call" Sec. 9. (a) "Telephone sales call" means a telephone call made to a consumer for any of the following purposes:

(1) Solicitation of a sale of consumer goods or services.

(2) Solicitation of a charitable contribution.

(3) Obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.

(b) The term includes any of the following:

(1) A call made by use of an automated dialing device.

(2) A call made by use of a recorded message device.

(3) Transmission of:

(A) a text message;

(B) a graphic message;

(D) a photograph; or

(E) a multimedia message;

to a telephone number through the use of short message service (SMS), multimedia messaging service (MMS), over-the-top (OTT) messaging or voice calling service, or any other technology or service that transmits messages to a device.

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.11; P.L.148-2024, SEC.13.

IC 24-4.7-2-10"Telephone solicitor" Sec. 10. "Telephone solicitor" means a person doing business in Indiana. The term includes a person that controls, directly or indirectly, one (1) or more other persons.

As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.3.

IC 24-4.7-3Chapter 3. Duties of the Division

24-4.7-3-1Quarterly listing 24-4.7-3-2Agents 24-4.7-3-3Investigation 24-4.7-3-4Required notice to Indiana residents 24-4.7-3-5Reports 24-4.7-3-6Consumer protection division telephone solicitation fund 24-4.7-3-7Adoption of rules

IC 24-4.7-3-1Quarterly listing Sec. 1. (a) A quarterly listing of telephone numbers of Indiana consumers who request not to be solicited by telephone shall be established, maintained, and published as provided in this section.

(b) The telephone number of a consumer shall be placed on the listing if the consumer requests to be added to the listing according to a procedure approved by the division.

(d) A telephone solicitor may obtain a copy of the listing upon request of the telephone solicitor as provided in this section.

(e) The division shall establish a fee to be paid by a telephone solicitor for obtaining a copy of the listing. The fee established under this subsection may not exceed the amount necessary to cover the cost of providing the listing to telephone solicitors.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-3-2Agents Sec. 2. (a) The division may contract with an agent to perform the division's duties under section 1 of this chapter if both of the following conditions are satisfied:

(1) The agent has demonstrated experience in maintaining a national no sales solicitation calls listing.

(2) The contract requires the vendor to provide the listing in:

(A) a printed hard copy format; and

(B) any other format offered;

at a cost that does not exceed the production cost of the format offered.

(b) If the division enters into a contract under this section, the division must retain the ultimate authority for the following:

(1) Approval of the procedures for establishment, maintenance, and publication of the listing.

(2) Establishing fees required by section 1(e) of this chapter.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-3-3Investigation Sec. 3. The division shall investigate complaints received concerning violations of this article.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-3-4Required notice to Indiana residents Sec. 4. The division shall notify Indiana residents of the following:

(1) The rights and duties created by this article, including the right of any of the following consumers to place a telephone number on the listing established and maintained under section 1 of this chapter:

(A) Subscribers of interconnected VOIP service.

(B) Subscribers of mobile telecommunications service (as defined in IC 6-8.1-15-7).

(2) The prohibition under 47 U.S.C. 227(b) against a person making any call using an:

(A) automatic telephone dialing system; or

(B) artificial or prerecorded voice;

to any telephone number assigned to a mobile telecommunications service (as defined in IC 6-8.1-15-7), or to another radio common carrier service.

(3) The prohibition under 47 U.S.C. 227(b) against a person initiating any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior consent of the called party, subject to the exceptions set forth in 47 U.S.C. 227(b).

(4) Information concerning the placement of a telephone number on the National Do Not Call Registry operated by the Federal Trade Commission.

As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.12; P.L.242-2019, SEC.3.

IC 24-4.7-3-5Reports Sec. 5. (a) The division shall, after June 30 and before October 1 of each year, report to the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 on the following:

(1) The total amount of fees deposited in the fund during the most recent state fiscal year.

(2) The expenses incurred by the division in maintaining and promoting the listing during the most recent state fiscal year.

(3)The projected budget required by the division to comply with this article during the current state fiscal year.

(4) Any other expenses incurred by the division in complying with this article during the most recent state fiscal year.

(5) The total number of subscribers on the listing at the end of the most recent state fiscal year.

(6) The number of new subscribers added to the listing during the most recent state fiscal year.

(7) The number of subscribers removed from the listing for any reason during the most recent state fiscal year.

(b) The interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4 shall, before November 1 of each year, issue in an electronic format under IC 5-14-6 a report and recommendations to the legislative council concerning the information received under subsection (a).

As added by P.L.189-2001, SEC.1. Amended by P.L.28-2004, SEC.163; P.L.53-2014, SEC.139.

IC 24-4.7-3-6Consumer protection division telephone solicitation fund Sec. 6. (a) The consumer protection division telephone solicitation fund is established for the following purposes:

(1) The administration of:

(A) this article;

(B) IC 24-5-0.5-3(b)(19);

(D) IC 24-5-14; and

(E) IC 24-5-14.5.

(2) The reimbursement of prosecuting attorneys for expenses incurred in extraditing violators of any statute set forth in subdivision (1).

The fund shall be used exclusively for these purposes.

(b) The division shall administer the fund.

(1) under this article;

(2) from civil penalties recovered under IC 24-5-0.5-4(h);

(3) from civil penalties recovered after June 30, 2019, under IC 24-5-12-23(b);

(4) from civil penalties recovered after June 30, 2019, under IC 24-5-14-13(b); and

(5) from civil penalties recovered under IC 24-5-14.5-12.

(d) Money in the fund is continuously appropriated to the division for the purposes set forth in subsection (a).

(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund. However, if the amount of money in the fund at the end of a particular state fiscal year exceeds two hundred thousand dollars ($200,000), the treasurer of state shall transfer the excess from the fund to the state general fund.

As added by P.L.189-2001, SEC.1. Amended by P.L.85-2006, SEC.1; P.L.151-2013, SEC.5; P.L.65-2014, SEC.5; P.L.242-2019, SEC.4; P.L.148-2024, SEC.14.

IC 24-4.7-3-7Adoption of rules Sec. 7. The division may adopt rules under IC 4-22-2 to implement this article.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-4Chapter 4. Telephone Solicitations

24-4.7-4-1Prohibitions 24-4.7-4-2Violations; disclosure 24-4.7-4-3Consumer information containing telephone numbers; exclusion of numbers on listing required; exception 24-4.7-4-4Contracts and sales 24-4.7-4-5Transactions 24-4.7-4-6Compliance with other applicable laws 24-4.7-4-7Prohibitions; providing telephone numbers for solicitation purposes; transferring live calls; providing assistance or support to violators; inapplicability to communications service providers

IC 24-4.7-4-1Prohibitions Sec. 1. A telephone solicitor may not make or cause to be made a telephone sales call to a telephone number if that telephone number appears in the most current quarterly listing published by the division.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-4-2Violations; disclosure Sec. 2. A telephone solicitor who makes a telephone sales call to a telephone number shall immediately disclose the following information upon making contact with the consumer:

(1) The solicitor's true first and last name.

(2) The name of the business or person on whose behalf the telephone solicitor is soliciting.

(3) The person with which the solicitor is employed or has contracted.

As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.4.

IC 24-4.7-4-3Consumer information containing telephone numbers; exclusion of numbers on listing required; exception Sec. 3. (a) This section does not apply to a person obtaining consumer information for inclusion in directory assistance and telephone directories sold by telephone companies.

(b) A telephone solicitor, a supplier, a caller, or any other person who obtains consumer information that includes telephone numbers shall exclude the telephone numbers that appear on the division's most current listing.

As added by P.L.189-2001, SEC.1. Amended by P.L.61-2014, SEC.3.

IC 24-4.7-4-4Contracts and sales Sec. 4. (a) This section does not apply to any of the following:

(1) A sale in which:

(A) no prior payment is made to a merchant;

(B) an invoice accompanies the goods or services; and

(2) A contractual agreement that:

(A) requires payment; and

(B) allows the consumer at least ten (10) days to cancel the contract and receive a full refund of the payment.

(3) A sale regulated by 170 IAC 7-1.1-19.

(4) A newspaper subscription executed through a telephone call.

(b) A contract made under a telephone sales call is not valid and enforceable against a consumer unless the contract complies with this section.

(1) The contract must be reduced to writing and signed by the consumer.

(2) The contract must contain the name, address, and business telephone number of the seller, the total price of the contract, and a detailed description of the goods or services being sold.

(3) The description of goods or services as stated in the contract must be the same as the description principally used in the telephone solicitation.

(4) The contract must contain, in bold, conspicuous type immediately preceding the signature the words "you are not obligated to pay any money unless you sign this contract and return it to the seller".

(5) The contract may not exclude from its terms any oral or written representations made by the telephone solicitor to the consumer in connection with the transaction.

As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.1.

IC 24-4.7-4-5Transactions Sec. 5. (a) This section does not apply to any of the following:

(1) A transaction made in accordance with prior negotiations in the course of a visit by a consumer to a merchant that operates a retail business establishment that has a fixed, permanent location where consumer goods are displayed or offered for sale on a continuing basis.

(2) A transaction in which:

(A) a consumer may obtain a full refund for the return of undamaged and unused goods; or

(B) a consumer may, within seven (7) days after receipt of merchandise by a consumer, give a cancellation of services notice to a seller and return the merchandise, and the seller must process the refund within thirty (30) days after receipt of the returned merchandise.

(3) A transaction in which a consumer purchases goods or services under a television, radio, or print advertisement or a sample, brochure, or catalog of a merchant that contains:

(A) the name, address, and business telephone number of the merchant;

(B) a description of the goods or services being sold; and

(4) A transaction in which a merchant is a bona fide charitable organization.

(b) A contract made under a telephone sales call in violation of this section is not valid and enforceable against a consumer.

(1) make or submit a charge to a consumer's credit card account; or

(2) make or cause to be made any electronic transfer of funds;

until the merchant receives from the consumer a copy of the contract, signed by the consumer, that complies with this chapter.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-4-6Compliance with other applicable laws Sec. 6. A telephone solicitor, a supplier, or a caller must also comply with all other applicable laws, including the following, if applicable:

(1) IC 24-5-12.

(2) IC 24-5-14.

(3) IC 24-5-14.5.

As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.2; P.L.61-2014, SEC.4.

IC 24-4.7-4-7Prohibitions; providing telephone numbers for solicitation purposes; transferring live calls; providing assistance or support to violators; inapplicability to communications service providers Sec. 7. (a) This section does not apply to the sale, transfer, or provision of a consumer's telephone number to a person that is exempt from this article under IC 24-4.7-1-1.

(b) A telephone solicitor, a supplier, or a caller may not sell, transfer, or make available to another person for solicitation purposes a consumer's telephone number if the telephone solicitor, supplier, or caller knows that the telephone number appears in the most current quarterly listing published by the division.

(c) A telephone solicitor, a supplier, or a caller may not transfer a live call to one (1) or more other persons if the call has been placed to a consumer in violation of this article or IC 24-5-14.

(d) A telephone solicitor, a supplier, or a caller may not provide substantial assistance or support to another person if the telephone solicitor, supplier, or caller knows or consciously avoids knowing that the person has engaged in any act or practice that violates this article or IC 24-5-14.

(e) A person may not provide substantial assistance or support to a telephone solicitor, a supplier, or a caller if the person knows or consciously avoids knowing that the telephone solicitor, supplier, or caller has engaged in any act or practice that violates this article or IC 24-5-14. A communications service provider (as defined in IC 8-1-32.5-4) does not violate this subsection, and this subsection does not:

(1) provide a right of action against a communications service provider; or

(2) subject a communications service provider to any criminal penalties or civil remedies set forth in this article or in IC 24-5-14;

if the communications service provider's equipment or services are used only to transport, handle, or retransmit a communication that violates this article or IC 24-5-14.

As added by P.L.61-2014, SEC.5. Amended by P.L.227-2015, SEC.1.

IC 24-4.7-5Chapter 5. Civil Remedies

24-4.7-5-0.1Application of certain amendments to chapter 24-4.7-5-1Deceptive acts; state contractors 24-4.7-5-2Remedies 24-4.7-5-3Voidable contracts 24-4.7-5-4Statute of limitations 24-4.7-5-5Jurisdiction 24-4.7-5-6Representation of state

IC 24-4.7-5-0.1Application of certain amendments to chapter Sec. 0.1. The amendments made to section 1 of this chapter by P.L.222-2005 apply only to a contract entered into or renewed after July 1, 2005.

As added by P.L.220-2011, SEC.393.

IC 24-4.7-5-1Deceptive acts; state contractors Sec. 1. (a) A telephone solicitor, a supplier, or a caller who fails to comply with any provision of IC 24-4.7-4 commits a deceptive act that is actionable by the attorney general under this chapter.

(b) A person who directly or indirectly controls a person that fails to comply with any provision of IC 24-4.7-4 commits a separate deceptive act that is actionable by the attorney general under this chapter.

(1) the person described in subsection (b) is an executive with respect to a telephone solicitor, a supplier, or a caller; and

(2) the telephone solicitor, supplier, or caller fails to comply with any provision of IC 24-4.7-4;

the person described in subsection (b) commits a separate deceptive act that is actionable by the attorney general under this chapter.

(d) A contractor who contracts or seeks to contract with the state:

(1) may be prohibited from contracting with the state; or

(2) may have an existing contract with the state voided;

if the contractor, an affiliate or principal of the contractor, a person that directly or indirectly controls the contractor, any agent acting on behalf of the contractor or an affiliate or principal of the contractor, or a person that directly or indirectly controls the agent does not comply or has not complied with the terms of this article, even if this article is preempted by federal law.

As added by P.L.189-2001, SEC.1. Amended by P.L.165-2005, SEC.5 and P.L.222-2005, SEC.32; P.L.61-2014, SEC.6; P.L.153-2017, SEC.5; P.L.242-2019, SEC.5.

IC 24-4.7-5-2Remedies Sec. 2. (a) In an action under this chapter, the attorney general may obtain any or all of the following:

(1) An injunction to enjoin future violations of IC 24-4.7-4.

(2) A civil penalty of not more than the following:

(A) Ten thousand dollars ($10,000) for the first violation of IC 24-4.7-4.

(B) Twenty-five thousand ($25,000) dollars for each violation after the first violation.

For purposes of this subdivision, each telephone call in violation of IC 24-4.7-4-1 is considered a separate violation.

(3) All money the defendant obtained through violation of IC 24-4.7-4.

(4) The attorney general's reasonable costs in:

(A) the investigation of the deceptive act; and

(B) maintaining the action.

(5) Reasonable attorney's fees.

(6) Costs of the action.

(b) Except as provided in subsection (c), the attorney general may obtain the remedies described in subsection (a) separately against or from each person that violates IC 24-4.7-4-1, including a person that directly or indirectly controls a person that violates IC 24-4.7-4-1.

(c) This subsection applies only to a person that directly or indirectly controls a person that violates IC 24-4.7-4-1. A person to which this subsection applies is not liable for a civil penalty under subsection (a)(2) if the person establishes by a preponderance of the evidence that the person:

(1) did not know; and

(2) in the exercise of reasonable care could not have known;

of the violation.

As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.6.

IC 24-4.7-5-3Voidable contracts Sec. 3. In an action under this chapter, the court may void or limit the application of contracts or clauses resulting from deceptive acts and order restitution to be paid to an aggrieved consumer.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-5-4Statute of limitations Sec. 4. An action brought under this chapter may not be brought more than two (2) years after the occurrence of the deceptive act.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-5-5Jurisdiction Sec. 5. An action under this chapter may be brought in the circuit or superior court of Marion County.

As added by P.L.189-2001, SEC.1.

IC 24-4.7-5-6Representation of state Sec. 6. The attorney general may employ counsel to represent the state in an action under this chapter.

As added by P.L.189-2001, SEC.1.

IC 24-4.8ARTICLE 4.8. PROHIBITED SPYWARE

Ch. 1.Definitions Ch. 2.Prohibited Conduct Ch. 3.Relief and Damages

IC 24-4.8-1Chapter 1. Definitions

24-4.8-1-1Application 24-4.8-1-2"Advertisement" 24-4.8-1-3"Computer software" 24-4.8-1-4"Damage" 24-4.8-1-5"Execute" 24-4.8-1-6"Intentionally deceptive means" 24-4.8-1-7"Internet" 24-4.8-1-8"Owner or operator" 24-4.8-1-9"Person" 24-4.8-1-10"Personally identifying information" 24-4.8-1-11"Transmit"

IC 24-4.8-1-1Application Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-2"Advertisement" Sec. 2. "Advertisement" means a communication that has the primary purpose of promoting a commercial product or service.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-3"Computer software" Sec. 3. (a) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer.

(b) The term does not include computer software that is a web page or a data component of a web page that is not executable independently of the web page.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-4"Damage" Sec. 4. "Damage" means a significant impairment to the integrity or availability of data, computer software, a system, or information.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-5"Execute" Sec. 5. "Execute" means to perform a function or carry out an instruction of computer software.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-6"Intentionally deceptive means" Sec. 6. "Intentionally deceptive means" means any of the following:

(1) A materially false statement that a person knows to be false.

(2) A statement or description made by a person who omits or misrepresents material information with the intent to deceive an owner or operator of a computer.

(3) The failure to provide notice to an owner or operator of a computer regarding the installation or execution of computer software with the intent to deceive the owner or operator.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-7"Internet" Sec. 7. "Internet" has the meaning set forth in IC 5-22-2-13.5.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-8"Owner or operator" Sec. 8. (a) "Owner or operator" means the person who owns or leases a computer or a person who uses a computer with the authorization of the person who owns or leases the computer.

(b) The term does not include a manufacturer, distributor, wholesaler, retail merchant, or any other person who owns or leases a computer before the first retail sale of the computer.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-9"Person" Sec. 9. "Person" means an individual, a partnership, a corporation, a limited liability company, or another organization.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-10"Personally identifying information" Sec. 10. "Personally identifying information" means the following information that refers to a person who is an owner or operator of a computer:

(1) Identifying information (as defined in IC 35-43-5-1).

(2) An electronic mail address.

(3) Any of the following information in a form that personally identifies an owner or operator of a computer:

(A) An account balance.

(B) An overdraft history.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-1-11"Transmit" Sec. 11. (a) Except as provided in subsection (b), "transmit" means to transfer, send, or otherwise make available computer software or a computer software component through a network, the Internet, a wireless transmission, or any other medium, including a disk or data storage device.

(b) "Transmit" does not include an action by a person who provides:

(1) the Internet connection, telephone connection, or other means of connection for an owner or operator, including a compact disc or DVD on which computer software to establish or maintain a connection is made available;

(2) the storage or hosting of computer software or an Internet web page through which the computer software was made available; or

(3) an information location tool, including a directory, an index, a reference, a pointer, or a hypertext link, through which the owner or operator of the computer located the software;

unless the person receives a direct economic benefit from the execution of the computer software.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-2Chapter 2. Prohibited Conduct

24-4.8-2-1Application 24-4.8-2-2Prohibited conduct by owners or operators of computers 24-4.8-2-3Prohibited conduct by persons who are not owners or operators of computers

IC 24-4.8-2-1Application Sec. 1. This chapter does not apply to a person who monitors or interacts with an owner or operator's Internet connection, Internet service, network connection, or computer if the person is a telecommunications carrier, cable operator, computer hardware or software provider, or other computer service provider who monitors or interacts with an owner or operator's Internet connection, Internet service, network connection, or computer for one (1) or more of the following purposes:

(1) Network security.

(2) Computer security.

(3) Diagnosis.

(4) Technical support.

(5) Maintenance.

(6) Repair.

(7) Authorized updates of software or system firmware.

(8) Authorized remote system management.

(9) Detection or prevention of the unauthorized, illegal, or fraudulent use of a network, service, or computer software, including scanning for and removing computer software that facilitates a violation of this chapter.

As added by P.L.115-2005, SEC.1.

IC 24-4.8-2-2Prohibited conduct by owners or operators of computers Sec. 2. A person who is not the owner or operator of the computer may not knowingly or intentionally:

(1) transmit computer software to the computer; and

(2) by means of the computer software transmitted under subdivision (1), do any of the following:

(A) Use intentionally deceptive means to modify computer settings that control:

(i) the page that appears when an owner or operator opens an Internet browser or similar computer software used to access and navigate the Internet;

(ii) the Internet service provider, search engine, or web proxy that an owner or operator uses to access or search the Internet; or

(iii) the owner or operator's list of bookmarks used to access web pages.

(B) Use intentionally deceptive means to collect personally identifying information:

(i) through the use of computer software that records a keystroke made by an owner or operator and transfers that information from the computer to another person; or

(ii) in a manner that correlates the personally identifying information with data respecting all or substantially all of the websites visited by the owner or operator of the computer, not including a website operated by the person collecting the personally identifying information.

(i) a credit card number, debit card number, bank account number, or any password or access code associated with these numbers;

(ii) a Social Security number, tax identification number, driver's license number, passport number, or any other government issued identification number; or

(iii) the account balance or overdraft history of a person in a form that identifies the person.

(D) Use intentionally deceptive means to prevent reasonable efforts by an owner or operator to block or disable the installation or execution of computer software.

(E) Knowingly or intentionally misrepresent that computer software will be uninstalled or disabled by an owner or operator's action.

(F) Use intentionally deceptive means to remove, disable, or otherwise make inoperative security, antispyware, or antivirus computer software installed on the computer.

(G) Take control of another person's computer with the intent to cause damage to the computer or cause the owner or operator to incur a financial charge for a service that the owner or operator has not authorized by:

(i) accessing or using the computer's modem or Internet service; or

(ii) without the authorization of the owner or operator, opening multiple, sequential, standalone advertisements in the owner or operator's Internet browser that a reasonable computer user cannot close without turning off the computer or closing the browser.

(H) Modify:

(i) computer settings that protect information about a person with the intent of obtaining personally identifying information without the permission of the owner or operator; or

(ii) security settings with the intent to cause damage to a computer.

(I) Prevent reasonable efforts by an owner or operator to block or disable the installation or execution of computer software by:

(i) presenting an owner or operator with an option to decline installation of computer software knowing that the computer software will be installed even if the owner or operator attempts to decline installation; or

(ii) falsely representing that computer software has been disabled.

As added by P.L.115-2005, SEC.1. Amended by P.L.23-2026, SEC.245.

IC 24-4.8-2-3Prohibited conduct by persons who are not owners or operators of computers Sec. 3. A person who is not the owner or operator may not knowingly or intentionally do any of the following:

(1) Induce the owner or operator to install computer software on the owner or operator's computer by knowingly or intentionally misrepresenting the extent to which installing the computer software is necessary for:

(A) computer security;

(B) computer privacy; or

(2) Use intentionally deceptive means to execute or cause the execution of computer software with the intent to cause the owner or operator to use the computer software in a manner that violates subdivision (1).

As added by P.L.115-2005, SEC.1.

IC 24-4.8-3Chapter 3. Relief and Damages

24-4.8-3-1Civil action 24-4.8-3-2Separate violations

IC 24-4.8-3-1Civil action Sec. 1. In addition to any other remedy provided by law, a provider of computer software, the owner of a website, or the owner of a trademark who is adversely affected by reason of the violation may bring a civil action against a person who violates IC 24-4.8-2:

(1) to enjoin further violations of IC 24-4.8-2; and

(2) to recover the greater of:

(A) actual damages; or

(B) one hundred thousand dollars ($100,000);

for each violation of IC 24-4.8-2.

As added by P.L.115-2005, SEC.1. Amended by P.L.23-2026, SEC.246.

IC 24-4.8-3-2Separate violations Sec. 2. For purposes of section 1 of this chapter, conduct that violates more than one (1) subdivision, clause, or item of IC 24-4.8-2 constitutes a separate violation for each separate subdivision, clause, or item violated. However, a single action or course of conduct that causes repeated violations of a single subdivision, clause, or item of IC 24-4.8-2 constitutes one (1) violation.

As added by P.L.115-2005, SEC.1.

IC 24-4.9ARTICLE 4.9. DISCLOSURE OF SECURITY BREACH

Ch. 1.Application Ch. 2.Definitions Ch. 3.Disclosure and Notification Requirements Ch. 4.Enforcement Ch. 5.Preemption

IC 24-4.9-1Chapter 1. Application

24-4.9-1-1Applicability

IC 24-4.9-1-1Applicability Sec. 1. This article does not apply to:

(1) a state agency (as defined in IC 4-1-10-2); or

(2) the judicial or legislative department of state government.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2Chapter 2. Definitions

24-4.9-2-1Applicability 24-4.9-2-2"Breach of the security of data" 24-4.9-2-3"Data base owner" 24-4.9-2-4"Doing business in Indiana" 24-4.9-2-5Encrypted data 24-4.9-2-6"Financial institution" 24-4.9-2-7"Indiana resident" 24-4.9-2-8"Mail" 24-4.9-2-9"Person" 24-4.9-2-10"Personal information" 24-4.9-2-11Redacted data or personal information

IC 24-4.9-2-1Applicability Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-2"Breach of the security of data" Sec. 2. (a) "Breach of the security of data" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a person. The term includes the unauthorized acquisition of computerized data that have been transferred to another medium, including paper, microfilm, or a similar medium, even if the transferred data are no longer in a computerized format.

(b) The term does not include the following:

(1) Good faith acquisition of personal information by an employee or agent of the person for lawful purposes of the person, if the personal information is not used or subject to further unauthorized disclosure.

(2) Unauthorized acquisition of a portable electronic device on which personal information is stored, if all personal information on the device is protected by encryption and the encryption key:

(A) has not been compromised or disclosed; and

(B) is not in the possession of or known to the person who, without authorization, acquired or has access to the portable electronic device.

As added by P.L.125-2006, SEC.6. Amended by P.L.136-2008, SEC.2; P.L.137-2009, SEC.3.

IC 24-4.9-2-3"Data base owner" Sec. 3. "Data base owner" means a person that owns or licenses computerized data that includes personal information.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-4"Doing business in Indiana" Sec. 4. "Doing business in Indiana" means owning or using the personal information of an Indiana resident for commercial purposes.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-5Encrypted data Sec. 5. Data are encrypted for purposes of this article if the data:

(1) have been transformed through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key; or

(2) are secured by another method that renders the data unreadable or unusable.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-6"Financial institution" Sec. 6. "Financial institution" means a financial institution as defined in:

(1) IC 28-1-1-3, other than a consumer finance institution licensed to make supervised or regulated loans under IC 37-2; or

(2) 15 U.S.C. 6809(3).

As added by P.L.125-2006, SEC.6. Amended by P.L.115-2026, SEC.26.

IC 24-4.9-2-7"Indiana resident" Sec. 7. "Indiana resident" means a person whose principal mailing address is in Indiana, as reflected in records maintained by the data base owner.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-8"Mail" Sec. 8. "Mail" has the meaning set forth in IC 23-1-20-15.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-9"Person" Sec. 9. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, an association, a nonprofit corporation or organization, a cooperative, or any other legal entity.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-2-10"Personal information" Sec. 10. "Personal information" means:

(1) a Social Security number that is not encrypted or redacted;

(2) an individual's first and last names, or first initial and last name, and one (1) or more of the following data elements that are not encrypted or redacted:

(A) A driver's license number.

(B) A state identification card number.

(D) A financial account number or debit card number in combination with a security code, password, or access code that would permit access to the person's account; or

(3) information collected by an adult oriented website operator, or their designee, under IC 24-4-23.

The term does not include information that is lawfully obtained from publicly available information or from federal, state, or local government records lawfully made available to the general public.

As added by P.L.125-2006, SEC.6. Amended by P.L.98-2024, SEC.2.

IC 24-4.9-2-11Redacted data or personal information Sec. 11. (a) Data are redacted for purposes of this article if the data have been altered or truncated so that not more than the last four (4) digits of:

(1) a driver's license number;

(2) a state identification number; or

(3) an account number;

is accessible as part of personal information.

(b) For purposes of this article, personal information is "redacted" if the personal information has been altered or truncated so that not more than five (5) digits of a Social Security number are accessible as part of personal information.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-3Chapter 3. Disclosure and Notification Requirements

24-4.9-3-1Disclosure of breach 24-4.9-3-2Notification of data base owner 24-4.9-3-3Delay of disclosure or notification 24-4.9-3-3.5Duties of a data base owner; exceptions; health records; enforcement powers 24-4.9-3-4Method of disclosure; exceptions

IC 24-4.9-3-1Disclosure of breach Sec. 1. (a) Except as provided in section 4(c), 4(d), and 4(e) of this chapter, after discovering or being notified of a breach of the security of data, the data base owner shall disclose the breach to an Indiana resident whose:

(1) unencrypted personal information was or may have been acquired by an unauthorized person; or

(2) encrypted personal information was or may have been acquired by an unauthorized person with access to the encryption key;

if the data base owner knows, should know, or should have known that the unauthorized acquisition constituting the breach has resulted in or could result in identity deception (as defined in IC 35-43-5-3.5), identity theft, or fraud affecting the Indiana resident.

(b) A data base owner required to make a disclosure under subsection (a) to more than one thousand (1,000) consumers shall also disclose to each consumer reporting agency (as defined in 15 U.S.C. 1681a(p)) information necessary to assist the consumer reporting agency in preventing fraud, including personal information of an Indiana resident affected by the breach of the security of a system.

(c) If a data base owner makes a disclosure described in subsection (a), the data base owner shall also disclose the breach to the attorney general.

As added by P.L.125-2006, SEC.6. Amended by P.L.137-2009, SEC.4.

IC 24-4.9-3-2Notification of data base owner Sec. 2. A person that maintains computerized data but that is not a data base owner shall notify the data base owner if the person discovers that personal information was or may have been acquired by an unauthorized person.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-3-3Delay of disclosure or notification Sec. 3. (a) A person required to make a disclosure or notification under this chapter shall make the disclosure or notification without unreasonable delay, but not more than forty-five (45) days after the discovery of the breach. For purposes of this section, a delay is reasonable if the delay is:

(1) necessary to restore the integrity of the computer system;

(2) necessary to discover the scope of the breach; or

(3) in response to a request from the attorney general or a law enforcement agency to delay disclosure because disclosure will:

(A) impede a criminal or civil investigation; or

(B) jeopardize national security.

(b) A person required to make a disclosure or notification under this chapter shall make the disclosure or notification as soon as possible after:

(1) delay is no longer necessary to restore the integrity of the computer system or to discover the scope of the breach; or

(2) the attorney general or a law enforcement agency notifies the person that delay will no longer impede a criminal or civil investigation or jeopardize national security.

As added by P.L.125-2006, SEC.6. Amended by P.L.171-2022, SEC.1.

IC 24-4.9-3-3.5Duties of a data base owner; exceptions; health records; enforcement powers Sec. 3.5. (a) Except as provided in subsection (b), this section does not apply to a data base owner that maintains its own data security procedures as part of an information privacy, security policy, or compliance plan under:

(1) the federal USA PATRIOT Act (P.L. 107-56);

(2) Executive Order 13224;

(3) the federal Driver's Privacy Protection Act (18 U.S.C. 2721 et seq.);

(4) the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);

(5) the federal Financial Modernization Act of 1999 (15 U.S.C. 6801 et seq.); or

(6) the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191);

if the data base owner's information privacy, security policy, or compliance plan requires the data base owner to maintain reasonable procedures to protect and safeguard from unlawful use or disclosure personal information of Indiana residents that is collected or maintained by the data base owner and the data base owner complies with the data base owner's information privacy, security policy, or compliance plan.

(b) This section applies to a current or former health care provider (as defined by IC 4-6-14-2) who is a data base owner or former data base owner:

(1) to which an exemption under subsection (a)(6) applies or applied; and

(2) whose information privacy, security policy, or compliance plan:

(A) does not require the data base owner or former data base owner to maintain and implement reasonable procedures; or

(B) is not implemented by the data base owner or former data base owner;

to ensure that the personal information described in subsection (a), including health records (as defined by IC 4-6-14-2.5), is protected and safeguarded from unlawful use or disclosure after the data base owner or former data base owner ceases to be a covered entity under the federal Health Insurance Portability and Accountability Act (P.L. 104-191).

(c) A data base owner shall implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect and safeguard from unlawful use or disclosure any personal information of Indiana residents collected or maintained by the data base owner.

(d) A data base owner shall not dispose of or abandon records or documents containing unencrypted and unredacted personal information of Indiana residents without shredding, incinerating, mutilating, erasing, or otherwise rendering the personal information illegible or unusable.

(e) A person that knowingly or intentionally fails to comply with any provision of this section commits a deceptive act that is actionable only by the attorney general under this section.

(f) The attorney general may bring an action under this section to obtain any or all of the following:

(1) An injunction to enjoin further violations of this section.

(2) A civil penalty of not more than five thousand dollars ($5,000) per deceptive act.

(3) The attorney general's reasonable costs in:

(A) the investigation of the deceptive act; and

(B) maintaining the action.

(g) A failure to comply with subsection (c) or (d) in connection with related acts or omissions constitutes one (1) deceptive act.

As added by P.L.137-2009, SEC.5. Amended by P.L.76-2017, SEC.4.

IC 24-4.9-3-4Method of disclosure; exceptions Sec. 4. (a) Except as provided in subsection (b), a data base owner required to make a disclosure under this chapter shall make the disclosure using one (1) of the following methods:

(1) Mail.

(2) Telephone.

(3) Facsimile (fax).

(4) Electronic mail, if the data base owner has the electronic mail address of the affected Indiana resident.

(b) If a data base owner required to make a disclosure under this chapter is required to make the disclosure to more than five hundred thousand (500,000) Indiana residents, or if the data base owner required to make a disclosure under this chapter determines that the cost of the disclosure will be more than two hundred fifty thousand dollars ($250,000), the data base owner required to make a disclosure under this chapter may elect to make the disclosure by using both of the following methods:

(1) Conspicuous posting of the notice on the website of the data base owner, if the data base owner maintains a website.

(2) Notice to major news reporting media in the geographic area where Indiana residents affected by the breach of the security of a system reside.

(c) A data base owner that maintains its own disclosure procedures as part of an information privacy policy or a security policy is not required to make a separate disclosure under this chapter if the data base owner's information privacy policy or security policy is at least as stringent as the disclosure requirements described in:

(1) sections 1 through 4(b) of this chapter;

(2) subsection (d); or

(3) subsection (e).

(d) A data base owner that maintains its own disclosure procedures as part of an information privacy, security policy, or compliance plan under:

(1) the federal USA PATRIOT Act (P.L. 107-56);

(2) Executive Order 13224;

(3) the federal Driver's Privacy Protection Act (18 U.S.C. 2781 et seq.);

(4) the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);

(5) the federal Financial Modernization Act of 1999 (15 U.S.C. 6801 et seq.); or

(6) the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191);

is not required to make a disclosure under this chapter if the data base owner's information privacy, security policy, or compliance plan requires that Indiana residents be notified of a breach of the security of data without unreasonable delay and the data base owner complies with the data base owner's information privacy, security policy, or compliance plan.

(e) A financial institution that complies with the disclosure requirements prescribed by the Federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice or the Guidance on Response Programs for Unauthorized Access to Member Information and Member Notice, as applicable, is not required to make a disclosure under this chapter.

(f) A person required to make a disclosure under this chapter may elect to make all or part of the disclosure in accordance with subsection (a) even if the person could make the disclosure in accordance with subsection (b).

As added by P.L.125-2006, SEC.6. Amended by P.L.137-2009, SEC.6; P.L.23-2026, SEC.247.

IC 24-4.9-4Chapter 4. Enforcement

24-4.9-4-1Failure to disclose or notify; deceptive act 24-4.9-4-2Action by attorney general

IC 24-4.9-4-1Failure to disclose or notify; deceptive act Sec. 1. (a) A person that is required to make a disclosure or notification in accordance with IC 24-4.9-3 and that fails to comply with any provision of this article commits a deceptive act that is actionable only by the attorney general under this chapter.

(b) A failure to make a required disclosure or notification in connection with a related series of breaches of the security of data constitutes one (1) deceptive act.

As added by P.L.125-2006, SEC.6. Amended by P.L.137-2009, SEC.7.

IC 24-4.9-4-2Action by attorney general Sec. 2. The attorney general may bring an action under this chapter to obtain any or all of the following:

(1) An injunction to enjoin future violations of IC 24-4.9-3.

(2) A civil penalty of not more than one hundred fifty thousand dollars ($150,000) per deceptive act.

(3) The attorney general's reasonable costs in:

(A) the investigation of the deceptive act; and

(B) maintaining the action.

As added by P.L.125-2006, SEC.6.

IC 24-4.9-5Chapter 5. Preemption

24-4.9-5-1Preemption

IC 24-4.9-5-1Preemption Sec. 1. This article preempts the authority of a unit (as defined in IC 36-1-2-23) to make an enactment dealing with the same subject matter as this article.

As added by P.L.125-2006, SEC.6.

IC 24-5ARTICLE 5. CONSUMER SALES

Ch. 0.5.Deceptive Consumer Sales Ch. 1.Repealed Ch. 2.Sales Competition Ch. 3.Repealed Ch. 4.Repealed Ch. 5.Unsolicited Merchandise Ch. 6.Repealed Ch. 7.Health Spa Services Ch. 8.Business Opportunity Transactions Ch. 9.Repealed Ch. 10.Home Solicitation Sales Ch. 11.Home Improvement Contracts Ch. 11.5.Repealed Ch. 12.Telephone Solicitations Ch. 13.Motor Vehicle Protection Ch. 13.1.Converted Motor Vehicle Protection Ch. 13.5.Buyback Vehicle Disclosure Ch. 14.Regulation of Automatic Dialing Machines Ch. 14.5.False or Misleading Caller Identification Ch. 15.Credit Services Organizations Ch. 15.5.Debt Buyers Ch. 16.Unlawful Motor Vehicle Subleasing Ch. 16.5.Disclosures Required in Motor Vehicle Leases Ch. 17.Environmental Marketing Claims Ch. 18.Garage Door Opening Systems Ch. 19.Deceptive Commercial Solicitation Ch. 20.Assistive Device Warranties Ch. 21.Prescription Drug Discount Cards Ch. 22.Deceptive Commercial Electronic Mail Ch. 23.Marketing by Mortgage Lenders Ch. 23.5.Real Estate Appraisals Ch. 23.6.Five Star Mortgages Ch. 24.Security Freezes for Consumer Reports Ch. 24.5.Security Freezes for Protected Consumers Ch. 24.7.Repealed Ch. 25.Truth in Music Advertising Ch. 26.Identity Theft Ch. 26.5.Deceptive Lead Generation Ch. 27.Intrastate Inmate Calling Services Ch. 27.5.Privacy of Firearms Financial Transactions

IC 24-5-0.5Chapter 0.5. Deceptive Consumer Sales

24-5-0.5-0.1Application of certain amendments to chapter 24-5-0.5-1Construction and purposes 24-5-0.5-2Definitions 24-5-0.5-3Unfair, abusive, or deceptive acts, omissions, or practices prohibited; enumeration of deceptive acts 24-5-0.5-3Unfair, abusive, or deceptive acts, omissions, or acts prohibited; enumeration of deceptive acts 24-5-0.5-3Unfair, abusive, or deceptive acts, omissions, or acts prohibited; enumeration of deceptive acts 24-5-0.5-4Actions and proceedings; damages; injunctions; civil penalties; offer to cure; violations involving debt collection 24-5-0.5-5Limitation of actions 24-5-0.5-6Application of law 24-5-0.5-7Assurances of voluntary compliance 24-5-0.5-8Incurable deceptive act; civil penalty 24-5-0.5-9Cooperative purchase supplier contracts; maximum duration; civil penalty 24-5-0.5-10Suppliers; deceptive and unconscionable acts 24-5-0.5-11Unlicensed real estate solicitors; soliciting sale or purchase of real estate without required disclosure 24-5-0.5-12False claim of doctoral degree

IC 24-5-0.5-0.1Application of certain amendments to chapter Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The amendments made to sections 2, 3, and 4 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law.

(2) The amendments made to sections 2 and 3 of this chapter by P.L.174-1997 apply to local telephone directories published after May 31, 1997.

As added by P.L.220-2011, SEC.394.

IC 24-5-0.5-1Construction and purposes Sec. 1. (a) This chapter shall be liberally construed and applied to promote its purposes and policies.

(b) The purposes and policies of this chapter are to:

(1) simplify, clarify, and modernize the law governing deceptive and unconscionable consumer sales practices;

(2) protect consumers from suppliers who commit deceptive and unconscionable sales acts; and

(3) encourage the development of fair consumer sales practices.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by P.L.18-1997, SEC.2; P.L.1-2006, SEC.411.

IC 24-5-0.5-2Definitions Sec. 2. (a) As used in this chapter:

(1) "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, except securities and policies or contracts of insurance issued by corporations authorized to transact an insurance business under the laws of the state of Indiana, with or without an extension of credit, to a person for purposes that are primarily personal, familial, charitable, agricultural, or household, or a solicitation to supply any of these things. However, the term includes the following:

(A) A transfer of structured settlement payment rights under IC 34-50-2.

(B) An unsolicited advertisement sent to a person by telephone facsimile machine offering a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible.

(D) The provision of a product or service to a:

(i) state law enforcement agency;

(ii) local law enforcement agency;

(iii) state agency; or

(iv) local agency;

in Indiana.

(E) Conduct that arises from, occurs in connection with, or otherwise involves a transaction for emergency towing (as defined in IC 24-14-2-5) of a personal or commercial vehicle.

(2) "Person" means an individual, corporation, the state of Indiana or its subdivisions or agencies, business trust, estate, trust, partnership, association, nonprofit corporation or organization, or cooperative or any other legal entity.

(3) "Supplier" means the following:

(A) A seller, lessor, assignor, or other person who regularly engages in or solicits consumer transactions, including soliciting a consumer transaction by using a telephone facsimile machine to transmit an unsolicited advertisement. The term includes a manufacturer, a wholesaler, a retailer, or, in a consumer transaction described in subdivision (1)(D), an entity that provides a product or service to a state law enforcement agency, local law enforcement agency, state agency, or local agency in Indiana, whether or not the person deals directly with the consumer.

(B) A debt collector.

(4) "Subject of a consumer transaction" means the personal property, real property, services, or intangibles offered or furnished in a consumer transaction.

(5) "Cure" as applied to a deceptive act, means either:

(A) to offer in writing to adjust or modify the consumer transaction to which the act relates to conform to the reasonable expectations of the consumer generated by such deceptive act and to perform such offer if accepted by the consumer; or

(B) to offer in writing to rescind such consumer transaction and to perform such offer if accepted by the consumer.

The term includes an offer in writing of one (1) or more items of value, including monetary compensation, that the supplier delivers to a consumer or a representative of the consumer if accepted by the consumer.

(6) "Offer to cure" as applied to a deceptive act is a cure that:

(A) is reasonably calculated to remedy a loss claimed by the consumer; and

(B) includes a minimum additional amount that is the greater of:

(i) ten percent (10%) of the value of the remedy under clause (A), but not more than four thousand dollars ($4,000); or

(ii) five hundred dollars ($500);

as compensation for attorney's fees, expenses, and other costs that a consumer may incur in relation to the deceptive act.

(7) "Uncured deceptive act" means:

(A) a deceptive act with respect to which a consumer who has been damaged by such act has given notice to the supplier under section 5(a) of this chapter; and

(B) either:

(i) no offer to cure has been made to such consumer within thirty (30) days after such notice; or

(ii) the act has not been cured as to such consumer within a reasonable time after the consumer's acceptance of the offer to cure.

(8) "Incurable deceptive act" means a deceptive act done by a supplier as part of a scheme, artifice, or device with intent to defraud or mislead. The term includes a failure of a transferee of structured settlement payment rights to timely provide a true and complete disclosure statement to a payee as provided under IC 34-50-2 in connection with a direct or indirect transfer of structured settlement payment rights.

(9) "Local agency" means an administration, an agency, an authority, a board, a bureau, a commission, a committee, a council, a department, a division, an institution, an office, an officer, a service, or other similar body of a political subdivision created or established under law.

(10) "Political subdivision" means a county, township, city, town, municipal corporation (as defined in IC 36-1-2-10), or special taxing district. However, the term does not include a school corporation or charter school.

(11) "Senior consumer" means an individual who is at least sixty (60) years of age.

(12) "State agency" means an administration, an agency, an authority, a board, a bureau, a commission, a committee, a council, a department, a division, an institution, an office, an officer, a service, or other similar body of state government created or established under law. The term includes a body corporate and politic of the state created by statute. The term does not include a state educational institution (as defined in IC 21-7-13-32).

(13) "Telephone facsimile machine" means equipment that has the capacity to transcribe text or images, or both, from:

(A) paper into an electronic signal and to transmit that signal over a regular telephone line; or

(B) an electronic signal received over a regular telephone line onto paper.

(14) "Unsolicited advertisement" means material advertising the commercial availability or quality of:

(A) property;

(B) goods; or

that is transmitted to a person without the person's prior express invitation or permission, in writing or otherwise.

(15) "Debt" has the meaning set forth in 15 U.S.C. 1692(a)(5).

(16) "Debt collector" has the meaning set forth in 15 U.S.C. 1692(a)(6). The term does not include a person admitted to the practice of law in Indiana if the person is acting within the course and scope of the person's practice as an attorney. The term includes a debt buyer (as defined in IC 24-5-15.5).

(b) As used in section 3(b)(15) and 3(b)(16) of this chapter:

(1) "Directory assistance" means the disclosure of telephone number information in connection with an identified telephone service subscriber by means of a live operator or automated service.

(2) "Local telephone directory" refers to a telephone classified advertising directory or the business section of a telephone directory that is distributed by a telephone company or directory publisher to subscribers located in the local exchanges contained in the directory. The term includes a directory that includes listings of more than one (1) telephone company.

(3) "Local telephone number" refers to a telephone number that has the three (3) number prefix used by the provider of telephone service for telephones physically located within the area covered by the local telephone directory in which the number is listed. The term does not include long distance numbers or 800-, 888-, or 900- exchange numbers listed in a local telephone directory.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts 1982, P.L.152, SEC.1; P.L.12-1986, SEC.4; P.L.24-1989, SEC.10; P.L.233-1995, SEC.1; P.L.174-1997, SEC.1; P.L.18-1997, SEC.3; P.L.219-2001, SEC.1; P.L.165-2005, SEC.6; P.L.85-2006, SEC.2; P.L.1-2007, SEC.165; P.L.226-2011, SEC.13; P.L.250-2013, SEC.2; P.L.65-2014, SEC.6; P.L.105-2017, SEC.1; P.L.280-2019, SEC.4; P.L.206-2025, SEC.5; P.L.227-2025, SEC.42; P.L.23-2026, SEC.248; P.L.60-2026, SEC.2.

IC 24-5-0.5-3Unfair, abusive, or deceptive acts, omissions, or practices prohibited; enumeration of deceptive acts Note: This version of section amended by P.L.143-2026, SEC.1, effective until 7-1-2026. See also following version of this section amended by P.L.145-2026, SEC.294, effective 7-1-2026, and following version of this section amended by P.L.100-2026, SEC.13, effective 1-1-2027.

Sec. 3. (a) A supplier may not commit an unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction. Such an act, omission, or practice by a supplier is a violation of this chapter whether it occurs before, during, or after the transaction. An act, omission, or practice prohibited by this section includes both implicit and explicit misrepresentations.

(b) Without limiting the scope of subsection (a), the following acts, and the following representations as to the subject matter of a consumer transaction, made orally, in writing, or by electronic communication, by a supplier, are deceptive acts:

(1) That such subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have which the supplier knows or should reasonably know it does not have.

(2) That such subject of a consumer transaction is of a particular standard, quality, grade, style, or model, if it is not and if the supplier knows or should reasonably know that it is not.

(3) That such subject of a consumer transaction is new or unused, if it is not and if the supplier knows or should reasonably know that it is not.

(4) That such subject of a consumer transaction will be supplied to the public in greater quantity than the supplier intends or reasonably expects.

(5) That replacement or repair constituting the subject of a consumer transaction is needed, if it is not and if the supplier knows or should reasonably know that it is not.

(6) That a specific price advantage exists as to such subject of a consumer transaction, if it does not and if the supplier knows or should reasonably know that it does not.

(7) That the supplier has a sponsorship, approval, or affiliation in such consumer transaction the supplier does not have, and which the supplier knows or should reasonably know that the supplier does not have.

(8) That such consumer transaction involves or does not involve a warranty, a disclaimer of warranties, or other rights, remedies, or obligations, if the representation is false and if the supplier knows or should reasonably know that the representation is false.

(9) That the consumer will receive a rebate, discount, or other benefit as an inducement for entering into a sale or lease in return for giving the supplier the names of prospective consumers or otherwise helping the supplier to enter into other consumer transactions, if earning the benefit, rebate, or discount is contingent upon the occurrence of an event subsequent to the time the consumer agrees to the purchase or lease.

(10) That the supplier is able to deliver or complete the subject of the consumer transaction within a stated period of time, when the supplier knows or should reasonably know the supplier could not. If no time period has been stated by the supplier, there is a presumption that the supplier has represented that the supplier will deliver or complete the subject of the consumer transaction within a reasonable time, according to the course of dealing or the usage of the trade.

(11) That the consumer will be able to purchase the subject of the consumer transaction as advertised by the supplier, if the supplier does not intend to sell it.

(12) That the replacement or repair constituting the subject of a consumer transaction can be made by the supplier for the estimate the supplier gives a customer for the replacement or repair, if the specified work is completed and:

(A) the cost exceeds the estimate by an amount equal to or greater than ten percent (10%) of the estimate;

(B) the supplier did not obtain written permission from the customer to authorize the supplier to complete the work even if the cost would exceed the amounts specified in clause (A);

(D) the supplier knew or reasonably should have known that the cost would exceed the estimate in the amounts specified in clause (A).

(13) That the replacement or repair constituting the subject of a consumer transaction is needed, and that the supplier disposes of the part repaired or replaced earlier than seventy-two (72) hours after both:

(A) the customer has been notified that the work has been completed; and

(B) the part repaired or replaced has been made available for examination upon the request of the customer.

(14) Engaging in the replacement or repair of the subject of a consumer transaction if the consumer has not authorized the replacement or repair, and if the supplier knows or should reasonably know that it is not authorized.

(15) The act of misrepresenting the geographic location of the supplier by listing an alternate business name or an assumed business name (as described in IC 23-0.5-3-4) in a local telephone directory if:

(A) the name misrepresents the supplier's geographic location;

(B) the listing fails to identify the locality and state of the supplier's business;

(C) calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the calling area covered by the local telephone directory; and

(D) the supplier's business location is located in a county that is not contiguous to a county in the calling area covered by the local telephone directory.

(16) The act of listing an alternate business name or assumed business name (as described in IC 23-0.5-3-4) in a directory assistance data base if:

(A) the name misrepresents the supplier's geographic location;

(B) calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the local calling area; and

(C) the supplier's business location is located in a county that is not contiguous to a county in the local calling area.

(17) The violation by a supplier of IC 24-3-4 concerning cigarettes for import or export.

(18) The act of a supplier in knowingly selling or reselling a product to a consumer if the product has been recalled, whether by the order of a court or a regulatory body, or voluntarily by the manufacturer, distributor, or retailer, unless the product has been repaired or modified to correct the defect that was the subject of the recall.

(19) The violation by a supplier of 47 U.S.C. 227, including any rules or regulations issued under 47 U.S.C. 227.

(20) The violation by a supplier of the federal Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.), including any rules or regulations issued under the federal Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.).

(21) A violation of IC 24-5-7 (concerning health spa services), as set forth in IC 24-5-7-17.

(22) A violation of IC 24-5-8 (concerning business opportunity transactions), as set forth in IC 24-5-8-20.

(23) A violation of IC 24-5-10 (concerning home consumer transactions), as set forth in IC 24-5-10-18.

(24) A violation of IC 24-5-11 (concerning real property improvement contracts), as set forth in IC 24-5-11-14.

(25) A violation of IC 24-5-12 (concerning telephone solicitations), as set forth in IC 24-5-12-23.

(26) A violation of IC 24-5-13.5 (concerning buyback motor vehicles), as set forth in IC 24-5-13.5-14.

(27) A violation of IC 24-5-14 (concerning automatic dialing-announcing devices), as set forth in IC 24-5-14-13.

(28) A violation of IC 24-5-15 (concerning credit services organizations), as set forth in IC 24-5-15-11.

(29) A violation of IC 24-5-16 (concerning unlawful motor vehicle subleasing), as set forth in IC 24-5-16-18.

(30) A violation of IC 24-5-17 (concerning environmental marketing claims), as set forth in IC 24-5-17-14.

(31) A violation of IC 24-5-19 (concerning deceptive commercial solicitation), as set forth in IC 24-5-19-11.

(32) A violation of IC 24-5-21 (concerning prescription drug discount cards), as set forth in IC 24-5-21-7.

(33) A violation of IC 24-5-23.5-7 (concerning real estate appraisals), as set forth in IC 24-5-23.5-9.

(34) A violation of IC 24-5-26 (concerning identity theft), as set forth in IC 24-5-26-3.

(35) A violation of IC 24-5.5 (concerning mortgage rescue fraud), as set forth in IC 24-5.5-6-1.

(36) A violation of IC 24-8 (concerning promotional gifts and contests), as set forth in IC 24-8-6-3.

(37) A violation of IC 21-18.5-6 (concerning representations made by a postsecondary credit bearing proprietary educational institution), as set forth in IC 21-18.5-6-22.5.

(38) A violation of IC 24-5-15.5 (concerning collection actions of a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.

(39) A violation of IC 24-14 (concerning towing services), as set forth in IC 24-14-10-1.

(40) A violation of IC 24-5-14.5 (concerning misleading or inaccurate caller identification information), as set forth in IC 24-5-14.5-12.

(41) A violation of IC 24-5-27 (concerning intrastate inmate calling services), as set forth in IC 24-5-27-27.

(42) A violation of IC 15-21 (concerning sales of dogs by retail pet stores), as set forth in IC 15-21-7-4.

(43) A violation of IC 24-4-23 (concerning the security of information collected and transmitted by an adult oriented website operator), as set forth in IC 24-4-23-14.

(44) A violation of IC 28-8-7 (concerning virtual currency kiosks), as set forth in IC 28-8-7-9.

(c) Any representations on or within a product or its packaging or in advertising or promotional materials which would constitute a deceptive act shall be the deceptive act both of the supplier who places such representation thereon or therein, or who authored such materials, and such other suppliers who shall state orally or in writing that such representation is true if such other supplier shall know or have reason to know that such representation was false.

(d) If a supplier shows by a preponderance of the evidence that an act resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, such act shall not be deceptive within the meaning of this chapter.

(e) It shall be a defense to any action brought under this chapter that the representation constituting an alleged deceptive act was one made in good faith by the supplier without knowledge of its falsity and in reliance upon the oral or written representations of the manufacturer, the person from whom the supplier acquired the product, any testing organization, or any other person provided that the source thereof is disclosed to the consumer.

(f) For purposes of subsection (b)(12), a supplier that provides estimates before performing repair or replacement work for a customer shall give the customer a written estimate itemizing as closely as possible the price for labor and parts necessary for the specific job before commencing the work.

(g) For purposes of subsection (b)(15) and (b)(16), a telephone company or other provider of a telephone directory or directory assistance service or its officer or agent is immune from liability for publishing the listing of an alternate business name or assumed business name of a supplier in its directory or directory assistance data base unless the telephone company or other provider of a telephone directory or directory assistance service is the same person as the supplier who has committed the deceptive act.

(h) For purposes of subsection (b)(18), it is an affirmative defense to any action brought under this chapter that the product has been altered by a person other than the defendant to render the product completely incapable of serving its original purpose.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts 1978, P.L.127, SEC.2; Acts 1982, P.L.153, SEC.1; Acts 1982, P.L.152, SEC.2; P.L.16-1983, SEC.16; P.L.239-1985, SEC.1; P.L.12-1986, SEC.5; P.L.24-1989, SEC.11; P.L.174-1997, SEC.2; P.L.21-2000, SEC.11; P.L.70-2002, SEC.1; P.L.85-2006, SEC.3; P.L.1-2009, SEC.137; P.L.226-2011, SEC.14; P.L.273-2013, SEC.31; P.L.65-2014, SEC.7; P.L.170-2017, SEC.1; P.L.118-2017, SEC.119; P.L.170-2017, SEC.2; P.L.211-2019, SEC.33; P.L.242-2019, SEC.6; P.L.280-2019, SEC.5; P.L.281-2019, SEC.4; P.L.156-2020, SEC.87; P.L.34-2022, SEC.7; P.L.4-2024, SEC.33; P.L.98-2024, SEC.3; P.L.104-2024, SEC.42; P.L.143-2026, SEC.1.

IC 24-5-0.5-3Unfair, abusive, or deceptive acts, omissions, or acts prohibited; enumeration of deceptive acts Note: This version of section amended by P.L.145-2026, SEC.294, effective 7-1-2026. See also preceding version of this section amended by P.L.143-2026, SEC.1, effective until 7-1-2026, and following version of this section amended by P.L.100-2026, SEC.13, effective 1-1-2027.