CHAPTER 5. CIVIL REMEDIES

IC 24-4.7-5
    Chapter 5. Civil Remedies

IC 24-4.7-5-1
Deceptive acts; state contractors
    Sec. 1. A telephone solicitor who fails to comply with anyprovision of IC 24-4.7-4 commits a deceptive act that is actionableby the attorney general under this chapter. In addition, a contractorwho 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, or anyagent acting on behalf of the contractor or an affiliate or principal ofthe contractor does not or has not complied with the terms of thisarticle, 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.5and P.L.222-2005, SEC.32.

IC 24-4.7-5-2
Remedies
    Sec. 2. In an action under this chapter, the attorney general mayobtain 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 ofIC 24-4.7-4.
            (B) Twenty-five thousand ($25,000) dollars for eachviolation after the first violation.
        For purposes of this subdivision, each telephone call inviolation of IC 24-4.7-4-1 is considered a separate violation.
        (3) All money the defendant obtained through violation ofIC 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.
As added by P.L.189-2001, SEC.1.

IC 24-4.7-5-3
Voidable contracts
    Sec. 3. In an action under this chapter, the court may void or limitthe application of contracts or clauses resulting from deceptive actsand order restitution to be paid to an aggrieved consumer.
As added by P.L.189-2001, SEC.1.

IC 24-4.7-5-4
Statute of limitations
    Sec. 4. An action brought under this chapter may not be broughtmore than two (2) years after the occurrence of the deceptive act.As added by P.L.189-2001, SEC.1.

IC 24-4.7-5-5
Jurisdiction
    Sec. 5. An action under this chapter may be brought in the circuitor superior court of Marion County.
As added by P.L.189-2001, SEC.1.

IC 24-4.7-5-6
Representation of state
    Sec. 6. The attorney general may employ counsel to represent thestate in an action under this chapter.
As added by P.L.189-2001, SEC.1.