Indiana § 24-5-13-24 - Dealer's liability

Full text of Indiana Indiana Code § 24-5-13-24 — Dealer's liability, with citation guidance and answers to common questions.

§ 24-5-13-24. Dealer's liability

Sec. 24. This section does not apply to a transaction or solicited transaction relating to a methamphetamine vehicle. Nothing in this chapter imposes any liability on a dealer or creates a cause of action by a consumer against a dealer, and a manufacturer may not, directly or indirectly, expose any franchised dealer to liability under this chapter.

As added by P.L.150-1988, SEC.1. Amended by P.L.76-2013, SEC.9.

IC 24-5-13.1Chapter 13.1. Converted Motor Vehicle Protection

24-5-13.1-1"Buyer" 24-5-13.1-2"Conversion" 24-5-13.1-3"Converted motor vehicle" 24-5-13.1-4"Dealer" 24-5-13.1-5"Installer" 24-5-13.1-6"Manufacturer" 24-5-13.1-7"Motor vehicle" 24-5-13.1-8"Nonconformity" 24-5-13.1-9"Responsible manufacturer or installer" 24-5-13.1-10"Term of protection" 24-5-13.1-11Liability 24-5-13.1-12Repair of nonconformities 24-5-13.1-13Notification of a claim; responsible manufacturer's or installer's disclosure 24-5-13.1-14Return of vehicle upon failure to correct nonconformity; refund; replacement 24-5-13.1-15Refund; computation of amount 24-5-13.1-16Refund; leased motor vehicle; computation of amount 24-5-13.1-17Replacement vehicle 24-5-13.1-18Reimbursement for towing and rental costs 24-5-13.1-19Retention of vehicle pending replacement or refund 24-5-13.1-20Attempts to correct nonconformity; reasonable number of attempts; time period; extension 24-5-13.1-21Refusal to diagnose or repair; written repair orders 24-5-13.1-22Affirmative defenses 24-5-13.1-23Informal procedures established by a responsible manufacturer or installer 24-5-13.1-24Additional remedies 24-5-13.1-25Civil enforcement actions 24-5-13.1-26Costs and expenses in recovery actions 24-5-13.1-27Limitations 24-5-13.1-28Dealer's liability 24-5-13.1-29Joint and several liability

IC 24-5-13.1-1"Buyer" Sec. 1. As used in this chapter, "buyer" means any person who, for purposes of a personal, noncommercial use, enters into an agreement or contract within Indiana for the purchase of a converted motor vehicle covered under this chapter.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-2"Conversion" Sec. 2. As used in this chapter, "conversion" means the:

(1) removal of;

(2) addition of; or

(3) modification to;

a physical or digital component or system of a motor vehicle that is approved by the National Highway Traffic Safety Administration (NHTSA) to make the motor vehicle accessible for a person with a disability.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-3"Converted motor vehicle" Sec. 3. As used in this chapter, "converted motor vehicle" means a new motor vehicle that has a conversion.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-4"Dealer" Sec. 4. As used in this chapter, "dealer" has the meaning set forth in IC 9-32-2.1-10.

As added by P.L.91-2022, SEC.1. Amended by P.L.104-2024, SEC.36.

IC 24-5-13.1-5"Installer" Sec. 5. As used in this chapter, "installer" means any person who is engaged in the business of:

(1) modifying a motor vehicle to make a converted motor vehicle; or

(2) fixing a conversion in a converted motor vehicle.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-6"Manufacturer" Sec. 6. As used in this chapter, "manufacturer" means:

(1) any person who is engaged in the business of manufacturing motor vehicles, or, in the case of motor vehicles not manufactured in the United States, any person who is engaged in the business of importing motor vehicles; or

(2) any person who is engaged in the business of manufacturing parts for a conversion to a converted motor vehicle.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-7"Motor vehicle" Sec. 7. As used in this chapter, "motor vehicle" means any self-propelled vehicle that:

(1) has a declared gross vehicle weight of less than ten thousand (10,000) pounds;

(2) is sold to:

(A) a buyer in Indiana and registered in Indiana; or

(B) a buyer in Indiana who is a nonresident (as defined in IC 9-13-2-113);

(3) is intended primarily for use and operation on public highways; and

(4) is required to be registered or licensed before use or operation.

The term does not include a recreational vehicle.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-8"Nonconformity" Sec. 8. As used in this chapter, "nonconformity" means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

(1) substantially impairs the use, market value, or safety of a converted motor vehicle; or

(2) renders the converted motor vehicle nonconforming to the terms of the warranty of a responsible manufacturer or installer.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-9"Responsible manufacturer or installer" Sec. 9. As used in this chapter, "responsible manufacturer or installer" means the manufacturer or installer that is liable for the:

(1) repair of;

(2) replacement of; or

(3) reimbursement for;

a converted motor vehicle under section 11 of this chapter.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-10"Term of protection" Sec. 10. As used in this chapter, "term of protection" means a period of time that:

(1) begins:

(A) on the date of original delivery of a converted motor vehicle to a buyer; or

(B) in the case of a replacement converted motor vehicle provided by a responsible manufacturer or installer to a buyer under this chapter, on the date of delivery of the replacement converted motor vehicle to the buyer; and

(2) ends the earlier of:

(A) eighteen (18) months after the date identified under subdivision (1); or

(B) the time the converted motor vehicle has been driven eighteen thousand (18,000) miles after the date identified under subdivision (1).

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-11Liability Sec. 11. (a) Except as provided in subsections (b) and (c), the manufacturer under section 6(2) of this chapter is the responsible manufacturer or installer if:

(1) any part of the conversion results in the nonconformity; or

(2) the nonconformity is related to or caused by the conversion.

(b) The manufacturer under section 6(1) of this chapter is the responsible manufacturer or installer if the part of the converted motor vehicle that results in the nonconformity is not caused by or otherwise related to the conversion.

(c) The installer under section 5 of this chapter is the responsible manufacturer or installer if the nonconformity is related to or caused by the installation of the conversion into the converted motor vehicle.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-12Repair of nonconformities Sec. 12. If a converted motor vehicle suffers from a nonconformity and the buyer reports the nonconformity within the term of protection to the responsible manufacturer or installer, its agent, or its authorized dealer then the responsible manufacturer or installer or the agent of the responsible manufacturer or installer shall make the repairs that are necessary to correct the nonconformity, even if the repairs are made after the expiration of the term of protection.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-13Notification of a claim; responsible manufacturer's or installer's disclosure Sec. 13. (a) A buyer must first notify the responsible manufacturer or installer of a claim under this chapter if the responsible manufacturer or installer has made the disclosure required by subsection (b). However, if the responsible manufacturer or installer has not made the required disclosure, the buyer is not required to notify the responsible manufacturer or installer of a claim under this chapter.

(b) Except as provided in subsection (c), the responsible manufacturer or installer shall clearly and conspicuously disclose to the buyer, in the warranty or owner's manual, that written notification of the nonconformity is required before the buyer may be eligible for a refund or replacement of the converted motor vehicle. The responsible manufacturer or installer shall include with the warranty or owner's manual the name and address to which the buyer must send notification.

(c) A manufacturer under section 6(1) of this chapter who has complied with the disclosure requirements under IC 24-5-13-9 has complied with the disclosure requirements under subsection (b).

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-14Return of vehicle upon failure to correct nonconformity; refund; replacement Sec. 14. (a) If, after a reasonable number of attempts, the responsible manufacturer or installer, its agent, or authorized dealer is unable to correct the nonconformity, the responsible manufacturer or installer shall accept the return of the converted motor vehicle from the buyer and, at the buyer's option, either, not later than thirty (30) days after receipt of the converted motor vehicle and any reasonably required documents, refund the amount paid by the buyer or provide a replacement converted motor vehicle of comparable value.

(b) If a responsible manufacturer or installer reasonably determines that providing a replacement converted motor vehicle of comparable value is impractical, the responsible manufacturer or installer may require a buyer to accept the refund described in subsection (a).

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-15Refund; computation of amount Sec. 15. (a) If a refund is tendered under this chapter with respect to a converted motor vehicle that is not a leased converted motor vehicle, the refund must be the full contract price of the converted motor vehicle, including all credits and allowances for any trade-in converted motor vehicle and less a reasonable allowance for use.

(b) To determine a reasonable allowance for use under this section, multiply:

(1) the total contract price of the converted motor vehicle; by

(2) a fraction having as its denominator one hundred thousand (100,000) and having its numerator the number of miles that the converted motor vehicle traveled before the responsible manufacturer or installer accepts the return of the converted motor vehicle.

(c) The refund must also include reimbursement for the following incidental costs:

(1) All sales tax.

(2) The unexpended portion of the registration fee and excise tax that has been prepaid for any calendar year.

(3) All finance charges actually expended.

(4) The cost of all options added by the authorized dealer.

(d) Refunds made under this section shall be made to the buyer and lienholder, if any, as their respective interests appear on the records of ownership.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-16Refund; leased motor vehicle; computation of amount Sec. 16. (a) If a refund is tendered under this chapter with respect to a leased converted motor vehicle, the refund shall be made as follows:

(1) The lessee shall receive all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in converted motor vehicles, less a reasonable allowance for use.

(2) The lessor shall receive:

(A) the lessor's purchase cost, including freight and accessories;

(B) any fee paid to another to obtain the lease;

(C) any insurance premiums or other costs expended by the lessor for the benefit of the lessee;

(D) sales tax paid by the lessor; and

(E) five percent (5%) of the amount described in clause (A);

less the total of all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in converted motor vehicle.

(b) To determine a reasonable allowance for use under this section, multiply:

(1) the total lease obligation of the lessee at the inception of the lease; by

(2) a fraction having as its denominator one hundred thousand (100,000) and as its numerator the number of miles that the converted motor vehicle traveled before the lessor's acceptance of its return.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-17Replacement vehicle Sec. 17. (a) If a converted motor vehicle is replaced by a responsible manufacturer or installer under this chapter, the responsible manufacturer or installer shall reimburse the buyer for any fees for the transfer of registration or any sales tax incurred by the buyer as a result of replacement.

(b) If a replaced converted motor vehicle was financed by the responsible manufacturer or installer, its subsidiary, or agent, the responsible manufacturer or installer, subsidiary, or agent may not require the buyer to enter into any refinancing agreement concerning a replacement converted motor vehicle that would create any financial obligations upon the buyer less favorable than those of the original financing agreement.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-18Reimbursement for towing and rental costs Sec. 18. Whenever a converted motor vehicle is replaced or refunded under this chapter, the responsible manufacturer or installer shall reimburse the buyer for necessary towing and rental costs actually incurred as a direct result of the nonconformity.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-19Retention of vehicle pending replacement or refund Sec. 19. A buyer has the option of retaining the use of any converted motor vehicle returned under this chapter until the time that the buyer has been tendered a full refund or a replacement converted motor vehicle of comparable value. The use of a converted motor vehicle retained by a buyer after its return to a responsible manufacturer or installer under this chapter must, in cases in which a refund is tendered, be reflected in the reasonable allowance for use required under this chapter.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-20Attempts to correct nonconformity; reasonable number of attempts; time period; extension Sec. 20. (a) A reasonable number of attempts is considered to have been undertaken to correct a nonconformity if:

(1) the nonconformity has been subject to repair at least four (4) times by the responsible manufacturer or installer or its agent, but the nonconformity continues to exist; or

(2) the converted motor vehicle is out of service by reason of repair of any nonconformity for a cumulative total of at least thirty (30) business days, and the nonconformity continues to exist.

(b) The thirty (30) business day period in subsection (a)(2) shall be extended by any period of time during which parts or repair services are not available as a direct result of a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war. The responsible manufacturer or installer, its agent, or an authorized dealer shall provide or make provision for the free use of a converted motor vehicle to any buyer whose converted motor vehicle is out of service by reason of repair during a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war.

(c) The burden is on the responsible manufacturer or installer to show that the reason for an extension under subsection (b) was the direct cause for the failure of the responsible manufacturer or installer, its agent, or authorized dealer to cure any nonconformity during the time of the event.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-21Refusal to diagnose or repair; written repair orders Sec. 21. (a) A responsible manufacturer or installer, its agent, or authorized dealer may not refuse to diagnose or repair any converted motor vehicle for the purpose of avoiding liability under this chapter.

(b) A responsible manufacturer or installer, its agent, or authorized dealer shall provide a buyer with a written repair order each time the buyer's converted motor vehicle is brought in for examination or repair. The repair order must indicate all work performed on the converted motor vehicle including examination of the converted motor vehicle, parts, and labor.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-22Affirmative defenses Sec. 22. It is an affirmative defense to any claim under this chapter that:

(1) the nonconformity, defect, or condition does not substantially impair the use, value, or safety of the converted motor vehicle; or

(2) the nonconformity, defect, or condition is the result of abuse, neglect, or unauthorized modification or alteration of the converted motor vehicle by the buyer.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-23Informal procedures established by a responsible manufacturer or installer Sec. 23. (a) This chapter does not apply to any buyer who has not first resorted to an informal dispute settlement procedure established by a responsible manufacturer or installer or in which a responsible manufacturer or installer participates if:

(1) the procedure is certified by the attorney general as:

(A) complying in all respects with 16 CFR 703; and

(B) complying with any other rules concerning certification adopted by the attorney general, including but not limited to the requirement of oral hearings, pursuant to IC 4-22-2; and

(2) the buyer has received adequate written notice from the responsible manufacturer or installer of the existence of the procedure.

Adequate written notice includes the incorporation of the informal dispute settlement procedure into the terms of the written warranty to which the converted motor vehicle does not conform.

(b) A manufacturer under section 6(1) of this chapter shall provide adequate electronic notice of the procedure in subsection (a) on the website of the manufacturer.

As added by P.L.91-2022, SEC.1. Amended by P.L.23-2026, SEC.250.

IC 24-5-13.1-24Additional remedies Sec. 24. This chapter does not limit the rights or remedies that are otherwise available to a buyer under any other applicable provision of law.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-25Civil enforcement actions Sec. 25. A buyer may bring a civil action to enforce this chapter in any circuit or superior court.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-26Costs and expenses in recovery actions Sec. 26. A buyer who prevails in any action brought under this chapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses, including attorney's fees based on actual time expended by the attorney, determined by the court to have been reasonably incurred by the buyer for or in connection with the commencement and prosecution of the action.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-27Limitations Sec. 27. (a) An action brought under this chapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the responsible manufacturer or installer, its agent, or authorized dealer.

(b) When the buyer has commenced an informal dispute settlement procedure described in section 23 of this chapter, the two (2) year period specified in subsection (a) is tolled during the time the informal dispute settlement procedure is being conducted.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-28Dealer's liability Sec. 28. Nothing in this chapter imposes any liability on a dealer or creates a cause of action by a consumer against a dealer, and a responsible manufacturer or installer may not, directly or indirectly, expose any franchised dealer to liability under this chapter.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.1-29Joint and several liability Sec. 29. Nothing in this chapter creates joint and several liability.

As added by P.L.91-2022, SEC.1.

IC 24-5-13.5Chapter 13.5. Buyback Vehicle Disclosure

24-5-13.5-1Application of chapter 24-5-13.5-2"Bureau" 24-5-13.5-3"Buyback vehicle" 24-5-13.5-4"Buyer" 24-5-13.5-5"Dealer" 24-5-13.5-5.5"Initial resale" 24-5-13.5-6"Manufacturer" 24-5-13.5-7"Motor vehicle" 24-5-13.5-8"Nonconformity" 24-5-13.5-9"Warranty" 24-5-13.5-10Initial resale; conditions 24-5-13.5-11Express warranty; written statement of disclosure; buyer's acknowledgment of disclosure 24-5-13.5-12Manufacturer's acceptance of return of buyback vehicle; duties 24-5-13.5-13Failure to comply; liability; actual damages; privity; prima facie evidence of violation; limitation of actions 24-5-13.5-14Deceptive acts; remedies and penalties

IC 24-5-13.5-1Application of chapter Sec. 1. This chapter applies to all motor vehicles that are sold, leased, transferred, or replaced by a dealer or manufacturer in Indiana.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-2"Bureau" Sec. 2. As used in this chapter, "bureau" refers to the bureau of motor vehicles created by IC 9-14-7-1.

As added by P.L.65-1992, SEC.3. Amended by P.L.198-2016, SEC.657.

IC 24-5-13.5-3"Buyback vehicle" Sec. 3. As used in this chapter, "buyback vehicle" means a motor vehicle that has been replaced or repurchased by a manufacturer or a nonresident manufacturer's agent or an authorized dealer, either under this chapter or IC 24-5-13 by judgment, decree, arbitration award, settlement agreement, or voluntary agreement in Indiana or another state, but does not include a motor vehicle that was repurchased pursuant to a guaranteed repurchase or satisfaction program advertised by the manufacturer and was not alleged or found to have a nonconformity as defined in IC 24-5-13-6.

As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.2.

IC 24-5-13.5-4"Buyer" Sec. 4. As used in this chapter, "buyer" means a person who, for purposes other than resale or sublease, enters into an agreement or a contract within Indiana for the transfer, lease, or purchase of a buyback vehicle.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-5"Dealer" Sec. 5. As used in this chapter, "dealer" means a person engaged in the business of buying, selling, leasing, or exchanging motor vehicles. A person is a "dealer" under this section if the person sells, leases, or advertises the sale or lease of more than four (4) motor vehicles within a twelve (12) month period.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-5.5"Initial resale" Sec. 5.5. As used in this chapter, "initial resale" means the first time a dealer sells a buyback vehicle to a buyer after it has been repurchased by a manufacturer under this chapter or IC 24-5-13.

As added by P.L.211-2023, SEC.75.

IC 24-5-13.5-6"Manufacturer" Sec. 6. As used in this chapter, "manufacturer" has the meaning set forth in IC 24-5-13-4.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-7"Motor vehicle" Sec. 7. As used in this chapter, "motor vehicle" has the meaning set forth in IC 24-5-13-5.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-8"Nonconformity" Sec. 8. As used in this chapter, "nonconformity" has the meaning set forth in IC 24-5-13-6.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-9"Warranty" Sec. 9. As used in this chapter, "warranty" means:

(1) a written warranty issued by the manufacturer; or

(2) an affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer;

in connection with the sale or lease of a motor vehicle to a consumer that relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is free of defects or will meet a specified level of performance.

As added by P.L.65-1992, SEC.3.

IC 24-5-13.5-10Initial resale; conditions Sec. 10. (a) This section applies to a buyback vehicle only at the time of the initial resale of the buyback vehicle.

(b) A buyback vehicle may not be sold in Indiana unless the following conditions have been met:

(1) The manufacturer provides the same express warranty the manufacturer provided to the original purchaser, except that the term of the warranty need only last for twelve thousand (12,000) miles or twelve (12) months after the date of resale.

(2) The following disclosure language must be conspicuously contained in a contract for the initial resale or lease of a buyback vehicle to a consumer or contained in a form affixed to the contract:

"IMPORTANT

This vehicle was previously sold as new. It was subsequently returned to the manufacturer or authorized dealer in exchange for a replacement vehicle or a refund because it did not conform to the manufacturer's express warranty and the nonconformity was not cured within a reasonable time as provided by Indiana law.".

(3) The manufacturer provides the dealer a separate document with a written statement identifying the vehicle conditions that formed the basis for the previous owner's or lessee's dissatisfaction and the steps taken to deal with that dissatisfaction in 10-point all capital type.

As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.3; P.L.211-2023, SEC.76.

IC 24-5-13.5-11Express warranty; written statement of disclosure; buyer's acknowledgment of disclosure Sec. 11. Before the initial resale of a buyback vehicle in Indiana, a dealer must provide to the buyer the express warranty required by section 10(b)(1) of this chapter and the written statement of disclosure required by section 10(b)(3) of this chapter and obtain the buyer's acknowledgment of this disclosure at the time of the initial resale or lease as evidenced by the buyer's signature on the statement of disclosure.

As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.4; P.L.211-2023, SEC.77.

IC 24-5-13.5-12Manufacturer's acceptance of return of buyback vehicle; duties Sec. 12. A manufacturer who accepts return of a motor vehicle that is considered a buyback vehicle under this chapter shall do the following:

(1) Before transferring ownership of the buyback vehicle, place the notation "Manufacturer Buyback ─ Disclosure on File" on the original certificate of title.

(2) Not more than thirty-one (31) days after receipt of the certificate of title, apply to the bureau for a certificate of title in the name of the manufacturer and provide to the bureau a copy of the disclosure document required by section 10(b)(3) of this chapter.

As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.5; P.L.27-2018, SEC.23; P.L.211-2023, SEC.78.

IC 24-5-13.5-13Failure to comply; liability; actual damages; privity; prima facie evidence of violation; limitation of actions Sec. 13. (a) Except as provided in IC 34-30-34-3, a person who fails to comply with section 10, 11, or 12 of this chapter is liable for the following:

(1) Actual damages or the value of the consideration, at the election of the buyer.

(2) The costs of an action to recover damages and reasonable attorney's fees.

(3) Not more than three (3) times the value of the actual damages or the consideration as exemplary damages.

(4) Other equitable relief, including restitution, as is considered proper in addition to damages and costs.

(b) Actual damages under this section include the following:

(1) The difference between the actual market value of the vehicle at the time of purchase and the contract price of the vehicle.

(2) Towing, repair, and storage expenses.

(3) Rental of substitute transportation.

(4) Food and lodging expenses.

(5) Lost wages.

(6) Finance charges.

(7) Sales or use tax or other governmental fees.

(8) Lease charges.

(9) Other incidental and consequential damages.

(c) Lack of privity is not a bar to an action under this section.

(d) This subsection does not apply to consent orders or stipulated judgments in which there is no admission of liability by the defendant. A permanent injunction, final judgment, or final order of the court obtained by the attorney general under section 14 of this chapter is prima facie evidence in an action brought under this section that the defendant has violated section 10, 11, or 12 of this chapter.

(e) An action to enforce liability under this section may be brought within two (2) years from the date of discovery by the buyer.

As added by P.L.65-1992, SEC.3. Amended by P.L.1-1993, SEC.195; P.L.118-1993, SEC.6; P.L.211-2023, SEC.79.

IC 24-5-13.5-14Deceptive acts; remedies and penalties Sec. 14. A manufacturer or dealer who fails to comply with section 10, 11, or 12 of this chapter, as applicable to the manufacturer or dealer, commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and is subject to the remedies and penalties set forth in IC 24-5-0.5.

As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.7.

IC 24-5-14Chapter 14. Regulation of Automatic Dialing Machines

24-5-14-1Automatic dialing-announcing device 24-5-14-2"Caller" 24-5-14-3Commercial telephone solicitation 24-5-14-4Subscriber 24-5-14-5Restrictions on use of automatic dialing-announcing device 24-5-14-6Disconnect requirement 24-5-14-7Live operator preceding message; disclosure 24-5-14-8Time restrictions 24-5-14-9Failure to comply; petition; injunction 24-5-14-10Misdemeanor 24-5-14-12Prohibited use of automatic dialing-announcing device 24-5-14-13Deceptive act of caller; remedies and penalties

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 24-5-13-24

What does Indiana Code § 24-5-13-24 cover?

Section 24-5-13-24 ("Dealer's liability") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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