IC 24-5-19
Chapter 19. Deceptive Commercial Solicitation
IC 24-5-19-1 Application of chapter
Sec. 1. This chapter applies to a person that sends, delivers, or
transmits by mail, private delivery, facsimile transmission, or
electronic mail a solicitation offering goods or services for sale,
lease, or rent if the person:
(1) creates, prepares, packages, or handles the solicitation in
Indiana;
(2) sends the solicitation from a location in Indiana;
(3) sends the solicitation from outside Indiana to a location or
person in Indiana;
(4) uses a post office box, mailing service, or facsimile
transmission service in Indiana;
(5) remails, forwards, redirects, or retransmits the solicitation
from Indiana to a location in Indiana or outside Indiana; or
(6) directly or indirectly uses another person in Indiana to
create, prepare, package, handle, send, deliver, transmit, remail,
forward, redirect, or retransmit a solicitation. As added by P.L.176-1997, SEC.1.
IC 24-5-19-2 "Person" defined
Sec. 2. As used in this chapter, "person" has the meaning set forth
in IC 24-5-0.5-2. As added by P.L.176-1997, SEC.1.
IC 24-5-19-3 Solicitation of payment by bill, invoice, or statement of account due
Sec. 3. A person may not, with intent to deceive, knowingly or
intentionally send, deliver, or transmit a bill, an invoice, or a
statement of account due, or a writing that could reasonably be
interpreted as a bill, an invoice, or a statement of account due, to
solicit payment of money by another person for goods not yet
ordered or for services not yet performed and not yet ordered. As added by P.L.176-1997, SEC.1.
IC 24-5-19-4 Solicitation of payment by compliance notice, legal notice, or other
notice of governmental entity
Sec. 4. A person that is not a governmental entity may not
knowingly or intentionally send, deliver, or transmit a writing that
purports to be a compliance notice, legal notice, or other notice of a
governmental entity, or a writing that could reasonably be interpreted
to be a compliance notice, legal notice, or other notice of a
governmental entity, to solicit payment of money by another person
for goods not yet ordered or for services not yet performed and not
yet ordered.
As added by P.L.176-1997, SEC.1.
IC 24-5-19-5 Solicitation when goods not shipped or services not performed
Sec. 5. A person may not knowingly or intentionally send, deliver,
or transmit a solicitation for goods if the solicitation indicates that
goods have been shipped to or services performed for the recipient
and the goods have not been shipped or the services have not been
performed. As added by P.L.176-1997, SEC.1.
IC 24-5-19-6 Compliance with other provisions of law
Sec. 6. The provisions of this chapter are not exclusive and do not
relieve a person of compliance with other applicable provisions of
law. As added by P.L.176-1997, SEC.1.
IC 24-5-19-7 Voidable contracts
Sec. 7. A contract entered into in reliance on a solicitation that
does not comply with this chapter is voidable by the party that relied
on the solicitation. As added by P.L.176-1997, SEC.1.
IC 24-5-19-8 Waiver
Sec. 8. A waiver of a person's rights under all or part of this
chapter is void and unenforceable. As added by P.L.176-1997, SEC.1.
IC 24-5-19-9 Power to bring action, seek injunction, or submit matter to
attorney general
Sec. 9. A person that receives a solicitation that violates the
provisions of this chapter may:
(1) bring an action in the circuit or superior court of the county
of the person's residence for recovery of the person's actual
damages resulting from the violation, including court costs and
attorney's fees;
(2) petition the circuit or superior court of the person's county
of residence to enjoin the sender of the solicitation from further
violation; and
(3) whether or not the recipient of the solicitation is actually
deceived, submit the matter to the attorney general for action
under IC 24-5-0.5. As added by P.L.176-1997, SEC.1.
IC 24-5-19-10 Violation of chapter; Class A misdemeanor
Sec. 10. A person that violates the provisions of this chapter
commits a Class A misdemeanor. As added by P.L.176-1997, SEC.1.
IC 24-5-19-11 Penalties
Sec. 11. (a) A person that violates this chapter is subject to the
penalties set forth in IC 24-5-0.5.
(b) The penalties set forth in IC 24-5-0.5 apply whether or not a
recipient of the person's solicitation is actually deceived. As added by P.L.176-1997, SEC.1.
IC 24-5-19
Chapter 19. Deceptive Commercial Solicitation
IC 24-5-19-1 Application of chapter
Sec. 1. This chapter applies to a person that sends, delivers, or
transmits by mail, private delivery, facsimile transmission, or
electronic mail a solicitation offering goods or services for sale,
lease, or rent if the person:
(1) creates, prepares, packages, or handles the solicitation in
Indiana;
(2) sends the solicitation from a location in Indiana;
(3) sends the solicitation from outside Indiana to a location or
person in Indiana;
(4) uses a post office box, mailing service, or facsimile
transmission service in Indiana;
(5) remails, forwards, redirects, or retransmits the solicitation
from Indiana to a location in Indiana or outside Indiana; or
(6) directly or indirectly uses another person in Indiana to
create, prepare, package, handle, send, deliver, transmit, remail,
forward, redirect, or retransmit a solicitation. As added by P.L.176-1997, SEC.1.
IC 24-5-19-2 "Person" defined
Sec. 2. As used in this chapter, "person" has the meaning set forth
in IC 24-5-0.5-2. As added by P.L.176-1997, SEC.1.
IC 24-5-19-3 Solicitation of payment by bill, invoice, or statement of account due
Sec. 3. A person may not, with intent to deceive, knowingly or
intentionally send, deliver, or transmit a bill, an invoice, or a
statement of account due, or a writing that could reasonably be
interpreted as a bill, an invoice, or a statement of account due, to
solicit payment of money by another person for goods not yet
ordered or for services not yet performed and not yet ordered. As added by P.L.176-1997, SEC.1.
IC 24-5-19-4 Solicitation of payment by compliance notice, legal notice, or other
notice of governmental entity
Sec. 4. A person that is not a governmental entity may not
knowingly or intentionally send, deliver, or transmit a writing that
purports to be a compliance notice, legal notice, or other notice of a
governmental entity, or a writing that could reasonably be interpreted
to be a compliance notice, legal notice, or other notice of a
governmental entity, to solicit payment of money by another person
for goods not yet ordered or for services not yet performed and not
yet ordered.
As added by P.L.176-1997, SEC.1.
IC 24-5-19-5 Solicitation when goods not shipped or services not performed
Sec. 5. A person may not knowingly or intentionally send, deliver,
or transmit a solicitation for goods if the solicitation indicates that
goods have been shipped to or services performed for the recipient
and the goods have not been shipped or the services have not been
performed. As added by P.L.176-1997, SEC.1.
IC 24-5-19-6 Compliance with other provisions of law
Sec. 6. The provisions of this chapter are not exclusive and do not
relieve a person of compliance with other applicable provisions of
law. As added by P.L.176-1997, SEC.1.
IC 24-5-19-7 Voidable contracts
Sec. 7. A contract entered into in reliance on a solicitation that
does not comply with this chapter is voidable by the party that relied
on the solicitation. As added by P.L.176-1997, SEC.1.
IC 24-5-19-8 Waiver
Sec. 8. A waiver of a person's rights under all or part of this
chapter is void and unenforceable. As added by P.L.176-1997, SEC.1.
IC 24-5-19-9 Power to bring action, seek injunction, or submit matter to
attorney general
Sec. 9. A person that receives a solicitation that violates the
provisions of this chapter may:
(1) bring an action in the circuit or superior court of the county
of the person's residence for recovery of the person's actual
damages resulting from the violation, including court costs and
attorney's fees;
(2) petition the circuit or superior court of the person's county
of residence to enjoin the sender of the solicitation from further
violation; and
(3) whether or not the recipient of the solicitation is actually
deceived, submit the matter to the attorney general for action
under IC 24-5-0.5. As added by P.L.176-1997, SEC.1.
IC 24-5-19-10 Violation of chapter; Class A misdemeanor
Sec. 10. A person that violates the provisions of this chapter
commits a Class A misdemeanor. As added by P.L.176-1997, SEC.1.
IC 24-5-19-11 Penalties
Sec. 11. (a) A person that violates this chapter is subject to the
penalties set forth in IC 24-5-0.5.
(b) The penalties set forth in IC 24-5-0.5 apply whether or not a
recipient of the person's solicitation is actually deceived. As added by P.L.176-1997, SEC.1.
IC 24-5-19
Chapter 19. Deceptive Commercial Solicitation
IC 24-5-19-1 Application of chapter
Sec. 1. This chapter applies to a person that sends, delivers, or
transmits by mail, private delivery, facsimile transmission, or
electronic mail a solicitation offering goods or services for sale,
lease, or rent if the person:
(1) creates, prepares, packages, or handles the solicitation in
Indiana;
(2) sends the solicitation from a location in Indiana;
(3) sends the solicitation from outside Indiana to a location or
person in Indiana;
(4) uses a post office box, mailing service, or facsimile
transmission service in Indiana;
(5) remails, forwards, redirects, or retransmits the solicitation
from Indiana to a location in Indiana or outside Indiana; or
(6) directly or indirectly uses another person in Indiana to
create, prepare, package, handle, send, deliver, transmit, remail,
forward, redirect, or retransmit a solicitation. As added by P.L.176-1997, SEC.1.
IC 24-5-19-2 "Person" defined
Sec. 2. As used in this chapter, "person" has the meaning set forth
in IC 24-5-0.5-2. As added by P.L.176-1997, SEC.1.
IC 24-5-19-3 Solicitation of payment by bill, invoice, or statement of account due
Sec. 3. A person may not, with intent to deceive, knowingly or
intentionally send, deliver, or transmit a bill, an invoice, or a
statement of account due, or a writing that could reasonably be
interpreted as a bill, an invoice, or a statement of account due, to
solicit payment of money by another person for goods not yet
ordered or for services not yet performed and not yet ordered. As added by P.L.176-1997, SEC.1.
IC 24-5-19-4 Solicitation of payment by compliance notice, legal notice, or other
notice of governmental entity
Sec. 4. A person that is not a governmental entity may not
knowingly or intentionally send, deliver, or transmit a writing that
purports to be a compliance notice, legal notice, or other notice of a
governmental entity, or a writing that could reasonably be interpreted
to be a compliance notice, legal notice, or other notice of a
governmental entity, to solicit payment of money by another person
for goods not yet ordered or for services not yet performed and not
yet ordered.
As added by P.L.176-1997, SEC.1.
IC 24-5-19-5 Solicitation when goods not shipped or services not performed
Sec. 5. A person may not knowingly or intentionally send, deliver,
or transmit a solicitation for goods if the solicitation indicates that
goods have been shipped to or services performed for the recipient
and the goods have not been shipped or the services have not been
performed. As added by P.L.176-1997, SEC.1.
IC 24-5-19-6 Compliance with other provisions of law
Sec. 6. The provisions of this chapter are not exclusive and do not
relieve a person of compliance with other applicable provisions of
law. As added by P.L.176-1997, SEC.1.
IC 24-5-19-7 Voidable contracts
Sec. 7. A contract entered into in reliance on a solicitation that
does not comply with this chapter is voidable by the party that relied
on the solicitation. As added by P.L.176-1997, SEC.1.
IC 24-5-19-8 Waiver
Sec. 8. A waiver of a person's rights under all or part of this
chapter is void and unenforceable. As added by P.L.176-1997, SEC.1.
IC 24-5-19-9 Power to bring action, seek injunction, or submit matter to
attorney general
Sec. 9. A person that receives a solicitation that violates the
provisions of this chapter may:
(1) bring an action in the circuit or superior court of the county
of the person's residence for recovery of the person's actual
damages resulting from the violation, including court costs and
attorney's fees;
(2) petition the circuit or superior court of the person's county
of residence to enjoin the sender of the solicitation from further
violation; and
(3) whether or not the recipient of the solicitation is actually
deceived, submit the matter to the attorney general for action
under IC 24-5-0.5. As added by P.L.176-1997, SEC.1.
IC 24-5-19-10 Violation of chapter; Class A misdemeanor
Sec. 10. A person that violates the provisions of this chapter
commits a Class A misdemeanor. As added by P.L.176-1997, SEC.1.
IC 24-5-19-11 Penalties
Sec. 11. (a) A person that violates this chapter is subject to the
penalties set forth in IC 24-5-0.5.
(b) The penalties set forth in IC 24-5-0.5 apply whether or not a
recipient of the person's solicitation is actually deceived. As added by P.L.176-1997, SEC.1.
