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 any
provision of IC 24-4.7-4 commits a deceptive act that is actionable
by the attorney general under this chapter. In addition, a contractor
who 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 any
agent acting on behalf of the contractor or an affiliate or principal of
the contractor does not or has not complied with the terms of this
article, 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.5
and P.L.222-2005, SEC.32.

IC 24-4.7-5-2

Remedies

    

Sec. 2. In an action under this chapter, the attorney general may
obtain 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 of
IC 24-4.7-4.

            (B) Twenty-five thousand ($25,000) dollars for each
violation after the first violation.

        For purposes of this subdivision, each telephone call in
violation of IC 24-4.7-4-1 is considered a separate violation.

        (3) All money the defendant obtained through violation of
IC 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 limit
the application of contracts or clauses resulting from deceptive acts
and 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 brought
more 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 circuit
or 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 the
state in an action under this chapter.

As added by P.L.189-2001, SEC.1.