CHAPTER 4. TELEPHONE SOLICITATIONS
IC 24-4.7-4
Chapter 4. Telephone Solicitations
IC 24-4.7-4-1
Prohibitions
Sec. 1. A telephone solicitor may not make or cause to be madea telephone sales call to a telephone number if that telephone numberappears in the most current quarterly listing published by thedivision.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-2
Violations; disclosure
Sec. 2. A telephone solicitor who makes a telephone sales call toa telephone number shall immediately disclose the followinginformation upon making contact with the consumer:
(1) The solicitor's true first and last name.
(2) The name of the business on whose behalf the telephonesolicitor is soliciting.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-3
Directories
Sec. 3. (a) This section does not apply to a person obtainingconsumer information for inclusion in directory assistance andtelephone directories sold by telephone companies.
(b) A telephone solicitor or person who obtains consumerinformation that includes telephone numbers shall exclude thetelephone numbers that appear on the division's most current listing.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-4
Contracts 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
(C) a consumer is allowed seven (7) days to cancel theservices or return the goods without obligation for payment.
(2) A contractual agreement that:
(A) requires payment; and
(B) allows the consumer at least ten (10) days to cancel thecontract 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 andenforceable against a consumer unless the contract complies withthis section.
(c) A contract made under a telephone sales call must satisfy allof the following: (1) The contract must be reduced to writing and signed by theconsumer.
(2) The contract must contain the name, address, and businesstelephone 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 contractmust be the same as the description principally used in thetelephone solicitation.
(4) The contract must contain, in bold, conspicuous typeimmediately preceding the signature the words "you are notobligated to pay any money unless you sign this contract andreturn it to the seller".
(5) The contract may not exclude from its terms any oral orwritten representations made by the telephone solicitor to theconsumer in connection with the transaction.
As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.1.
IC 24-4.7-4-5
Transactions
Sec. 5. (a) This section does not apply to any of the following:
(1) A transaction made in accordance with prior negotiations inthe course of a visit by a consumer to a merchant that operatesa retail business establishment that has a fixed, permanentlocation where consumer goods are displayed or offered for saleon a continuing basis.
(2) A transaction in which:
(A) a consumer may obtain a full refund for the return ofundamaged and unused goods; or
(B) a consumer may, within seven (7) days after receipt ofmerchandise by a consumer, give a cancellation of servicesnotice to a seller and return the merchandise, and the sellermust process the refund within thirty (30) days after receiptof the returned merchandise.
(3) A transaction in which a consumer purchases goods orservices under a television, radio, or print advertisement or asample, brochure, or catalog of a merchant that contains:
(A) the name, address, and business telephone number of themerchant;
(B) a description of the goods or services being sold; and
(C) limitations or restrictions that apply to the offer.
(4) A transaction in which a merchant is a bona fide charitableorganization.
(b) A contract made under a telephone sales call in violation ofthis section is not valid and enforceable against a consumer.
(c) A merchant who engages a telephone solicitor to make orcause to be made a telephone sales call may not:
(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 24-4.7-4-6
Other applicable law
Sec. 6. A telephone solicitor must also comply with all otherapplicable laws, including the following, if applicable:
(1) IC 24-5-12.
(2) IC 24-5-14.
As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.2.