Indiana § 24-5-27-27 - Violation of this chapter a deceptive act

§ 24-5-27-27. Violation of this chapter a deceptive act

Sec. 27. A provider that violates this chapter:

(1) commits a deceptive act that is actionable by the attorney general or by a consumer under IC 24-5-0.5-4; and

(2) is subject to the remedies and penalties under IC 24-5-0.5.

As added by P.L.34-2022, SEC.8.

IC 24-5-27.5Chapter 27.5. Privacy of Firearms Financial Transactions

24-5-27.5-1Applicability 24-5-27.5-2"Affiliate" 24-5-27.5-3"Credit card" 24-5-27.5-4"Debit card" 24-5-27.5-5"Disclose" 24-5-27.5-6"Financial institution" 24-5-27.5-7"Financial services provider" 24-5-27.5-8"Firearm" 24-5-27.5-9"Firearms code" 24-5-27.5-10"Firearms retailer" 24-5-27.5-11"Governmental entity" 24-5-27.5-12"Indiana consumer" 24-5-27.5-13"Merchant acquirer" 24-5-27.5-14"Payment card" 24-5-27.5-15"Payment card issuer" 24-5-27.5-16"Payment card network" 24-5-27.5-17"Payment card transaction" 24-5-27.5-18"Person" 24-5-27.5-19"Protected financial information" 24-5-27.5-20Prohibition against keeping list, record, or registry of privately owned firearms or of the owners of firearms; exceptions 24-5-27.5-21Prohibition against assigning or requiring the assignment of a firearms code 24-5-27.5-22Prohibition against declining or refusing to process payment card transaction based solely on assignment or nonassignment of a firearms code; exceptions 24-5-27.5-23Prohibition against disclosing financial record that includes protected financial information 24-5-27.5-24Dispute processing, fraud management, or protecting the integrity of payment card transactions; actions of financial services provider not impaired 24-5-27.5-25Enforcement; applicable primary financial regulator; attorney general

IC 24-5-27.5-1Applicability Sec. 1. (a) This chapter applies to a payment card transaction that is initiated after September 30, 2024, at a firearms retailer that is physically located in Indiana.

(b) This chapter does not apply to a payment card transaction that is initiated at a firearms retailer's physical location outside Indiana regardless of whether the:

(1) purchaser in the payment card transaction is an Indiana consumer; or

(2) firearms retailer has at least one (1) physical location in Indiana.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-2"Affiliate" Sec. 2. As used in this chapter, "affiliate" means any person who directly or indirectly:

(1) controls;

(2) is controlled by; or

(3) is under the common control of;

another person.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-3"Credit card" Sec. 3. As used in this chapter, "credit card" means any:

(1) card;

(2) plate; or

(3) other single credit device;

that may be used from time to time to obtain credit (as defined in 12 CFR 1026.2(a)(14)).

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-4"Debit card" Sec. 4. As used in this chapter, "debit card" means any:

(1) card;

(2) plate; or

(3) other single device;

that may be used from time to time to access an asset account, regardless of whether authorization for the debit is based on a signature, a personal identification number, or other means.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-5"Disclose" Sec. 5. As used in this chapter, "disclose", with respect to protected financial information, means to transfer, publish, or distribute the protected financial information to another person for any purpose other than to:

(1) process, facilitate, or service a payment card transaction;

(2) take any action related to:

(A) dispute processing;

(B) fraud management; or

(C) protecting the integrity of the transaction with respect to:

(i) illegal activity;

(ii) security breaches; or

(iii) cyber risks;

with respect to a payment card transaction; or

(3) manage a loyalty or rewards program related to a payment card transaction.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-6"Financial institution" Sec. 6. As used in this chapter, "financial institution" means any bank, trust company, corporate fiduciary, savings association, credit union, savings bank, bank of discount and deposit, or industrial loan and investment company organized or reorganized under Indiana law, the law of another state (as defined in IC 28-2-17-19), or United States law.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-7"Financial services provider" Sec. 7. (a) As used in this chapter, "financial services provider" means any of the following that is involved in facilitating or processing a payment card transaction, as appropriate in the context:

(1) A financial institution.

(2) A person engaged in money transmission in Indiana under IC 28-8-4.1.

(3) A payment card issuer.

(4) A payment card network.

(5) A merchant acquirer.

(b) The term includes an:

(1) affiliate;

(2) officer;

(3) agent; or

(4) employee;

of a person listed in subsection (a).

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-8"Firearm" Sec. 8. As used in this chapter, "firearm" includes the following:

(1) A firearm (as defined in IC 34-12-3-1).

(2) Ammunition for use in a firearm.

(3) Firearm components.

(4) Firearm accessories.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-9"Firearms code" Sec. 9. As used in this chapter, "firearms code" means a merchant category code approved by the International Organization for Standardization specifically for firearms retailers.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-10"Firearms retailer" Sec. 10. As used in this chapter, "firearms retailer" means any person that:

(1) is engaged in the lawful business of selling or trading firearms; and

(2) has at least one (1) physical location in Indiana.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-11"Governmental entity" Sec. 11. (a) As used in this chapter, "governmental entity" means any of the following:

(1) The state.

(2) A state agency (as defined in IC 1-1-15-3).

(3) A political subdivision (as defined in IC 36-1-2-13) or an instrumentality of a political subdivision (as defined in IC 36-1-2-13).

(b) The term includes an:

(1) official;

(2) agent; or

(3) employee;

of an entity listed in subsection (a).

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-12"Indiana consumer" Sec. 12. As used in this chapter, "Indiana consumer" means a:

(1) natural person whose principal residence is in Indiana; or

(2) person, other than a natural person, that is domiciled in Indiana.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-13"Merchant acquirer" Sec. 13. As used in this chapter, "merchant acquirer" means a person that establishes a relationship with a merchant to enable the processing of payment card transactions by collecting funds from the payment card issuer in the transaction and depositing them in the merchant's account.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-14"Payment card" Sec. 14. As used in this chapter, "payment card" means:

(1) a credit card;

(2) a debit card; or

(3) another device that may be used to carry out debit or credit transactions.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-15"Payment card issuer" Sec. 15. As used in this chapter, "payment card issuer" means a:

(1) lender, including a financial institution; or

(2) merchant;

that receives applications for and issues payment cards to consumers.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-16"Payment card network" Sec. 16. As used in this chapter, "payment card network" means an entity that directly, or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software that:

(1) route information and data to conduct debit card or credit card transaction authorization, clearance, and settlement; and

(2) a merchant or seller uses in order to accept as a form of payment a brand of:

(A) debit card;

(B) credit card; or

(C) another device that may be used to carry out debit or credit transactions.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-17"Payment card transaction" Sec. 17. As used in this chapter, "payment card transaction" means a transaction in which a consumer uses a payment card to purchase or obtain goods, services, money, or any other thing of value.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-18"Person" Sec. 18. As used in this chapter, "person" means:

(1) a natural person; or

(2) an organization, including a corporation, a partnership, a proprietorship, an association, a cooperative, an estate, or a trust.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-19"Protected financial information" Sec. 19. As used in this chapter, "protected financial information" means any record of a:

(1) sale;

(2) purchase;

(3) return; or

(4) refund;

that is made or processed with a payment card and that is retrieved, characterized, generated, labeled, sorted, or grouped based solely on the assignment of a firearms code.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-20Prohibition against keeping list, record, or registry of privately owned firearms or of the owners of firearms; exceptions Sec. 20. (a) Except as provided in subsection (b), or as otherwise required by law, a governmental entity or any other person, public or private, shall not knowingly or willfully keep or cause to be kept any:

(1) list, record, or registry of privately owned firearms; or

(2) list, record, or registry of the owners of firearms;

with respect to Indiana consumers.

(b) Subsection (a) does not apply with respect to the following:

(1) Records kept during the regular course of a criminal investigation or prosecution.

(2) Records kept by the owner of privately owned firearms.

(3) Records kept in the regular course of business by a firearms retailer.

(4) Information submitted to a law enforcement agency in connection with an application for a license to carry a handgun under IC 35-47-2-3, subject to the limitations set forth in IC 35-47-2-3(n) and IC 35-47-2-3(o).

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-21Prohibition against assigning or requiring the assignment of a firearms code Sec. 21. In a payment card transaction, a merchant acquirer or payment card network may not:

(1) assign; or

(2) require the assignment of;

a firearms code in a way that distinguishes a firearms retailer with at least one (1) physical location in Indiana from general merchandise retailers or sporting goods retailers.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-22Prohibition against declining or refusing to process payment card transaction based solely on assignment or nonassignment of a firearms code; exceptions Sec. 22. (a) Except as provided in subsection (b), a financial services provider may not decline or otherwise refuse to process a lawful payment card transaction based solely on the assignment or nonassignment of a firearms code to the payment card transaction.

(b) A financial services provider may decline or otherwise refuse to process a lawful payment card transaction involving a firearms retailer on the basis of the assignment or nonassignment of a firearms code:

(1) at the request of the consumer;

(2) in accordance with:

(A) fraud controls; or

(B) merchant category exclusions offered by a financial services provider for the purpose of expenditure control or corporate card control;

applicable to the payment card involved in the payment card transaction; or

(3) for purposes of restricting the use or availability of a firearms code in Indiana.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-23Prohibition against disclosing financial record that includes protected financial information Sec. 23. Except as otherwise required or permitted by law or regulation, a financial services provider may not disclose a financial record that:

(1) is related to a payment card transaction; and

(2) includes protected financial information, including a firearms code that was used, collected, or assigned in violation of this chapter.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-24Dispute processing, fraud management, or protecting the integrity of payment card transactions; actions of financial services provider not impaired Sec. 24. With respect to a payment card transaction, this chapter may not be construed to:

(1) limit the ability of a financial services provider to negotiate with responsible parties; or

(2) otherwise impair a financial services provider's actions;

related to dispute processing, fraud management, or protecting the integrity of the payment card transaction with respect to illegal activity, security breaches, or cyber risks.

As added by P.L.132-2024, SEC.4.

IC 24-5-27.5-25Enforcement; applicable primary financial regulator; attorney general Sec. 25. (a) Except as provided in subsection (b), the applicable primary financial regulator with jurisdiction over a financial services provider subject to this chapter is responsible for enforcing the financial services provider's compliance with this chapter.

(b) The attorney general is responsible for enforcing section 20 of this chapter with respect to any person that is not a financial services provider subject to regulation under subsection (a). Upon receiving notice of an alleged violation of section 20 of this chapter, the attorney general shall investigate the alleged violation in accordance with IC 4-6-3-3, subject to the confidentiality provisions set forth in IC 4-6-3-9. However, in any investigation under this subsection, the attorney general may not require any person to:

(1) produce documentary material that includes;

(2) answer under oath and in writing written interrogatories concerning; or

(3) appear and testify under oath concerning;

protected financial information (as defined in section 19 of this chapter). If the attorney determines that a violation of section 20 of this chapter has occurred, the attorney general shall provide written notice to the person found to be in violation. Upon receiving written notice from the attorney general under this subsection, a person has thirty (30) calendar days from the date of receipt to cease the violation. If the person fails to cease the violation within the thirty (30) day period set forth in this subsection, the attorney general may seek, in a court having jurisdiction, injunctive relief, a civil penalty not to exceed ten thousand dollars ($10,000) per violation, costs, expert fees, and reasonable attorney's fees.

As added by P.L.132-2024, SEC.4.

IC 24-5.5ARTICLE 5.5. REPEALEDRepealed by P.L.115-2026, SEC.34.

IC 24-6ARTICLE 6. WEIGHTS, MEASURES, AND LABELING

Ch. 1.Standard Weights and Measures Ch. 2.Retention of Weights and Measures By Counties Ch. 3.State and Local Weights and Measures Program Ch. 4.Repealed Ch. 5.Containers for Agricultural Produce Ch. 6.Labeling Produce Containers Ch. 7.Repealed Ch. 8.Standard Weights for Certain Grain Products Ch. 9.Grades for Sweet Potatoes

IC 24-6-1Chapter 1. Standard Weights and Measures

24-6-1-1Standards; violation