CHAPTER 0.5. DECEPTIVE CONSUMER SALES
IC 24-5
ARTICLE 5. CONSUMER SALES
IC 24-5-0.5
Chapter 0.5. Deceptive Consumer Sales
IC 24-5-0.5-1
Construction and purposes
Sec. 1. (a) This chapter shall be liberally construed and applied topromote its purposes and policies.
(b) The purposes and policies of this chapter are to:
(1) simplify, clarify, and modernize the law governing deceptiveand unconscionable consumer sales practices;
(2) protect consumers from suppliers who commit deceptiveand unconscionable sales acts; and
(3) encourage the development of fair consumer sales practices.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by P.L.18-1997,SEC.2; P.L.1-2006, SEC.411.
IC 24-5-0.5-2
Definitions
Sec. 2. (a) As used in this chapter:
(1) "Consumer transaction" means a sale, lease, assignment,award by chance, or other disposition of an item of personalproperty, real property, a service, or an intangible, exceptsecurities and policies or contracts of insurance issued bycorporations authorized to transact an insurance business underthe laws of the state of Indiana, with or without an extension ofcredit, to a person for purposes that are primarily personal,familial, charitable, agricultural, or household, or a solicitationto supply any of these things. However, the term includes thefollowing:
(A) A transfer of structured settlement payment rights underIC 34-50-2.
(B) An unsolicited advertisement sent to a person bytelephone facsimile machine offering a sale, lease,assignment, award by chance, or other disposition of an itemof personal property, real property, a service, or anintangible.
(2) "Person" means an individual, corporation, the state ofIndiana or its subdivisions or agencies, business trust, estate,trust, partnership, association, nonprofit corporation ororganization, or cooperative or any other legal entity.
(3) "Supplier" means the following:
(A) A seller, lessor, assignor, or other person who regularlyengages in or solicits consumer transactions, includingsoliciting a consumer transaction by using a telephonefacsimile machine to transmit an unsolicited advertisement.The term includes a manufacturer, wholesaler, or retailer,whether or not the person deals directly with the consumer. (B) A person who contrives, prepares, sets up, operates,publicizes by means of advertisements, or promotes apyramid promotional scheme.
(4) "Subject of a consumer transaction" means the personalproperty, real property, services, or intangibles offered orfurnished in a consumer transaction.
(5) "Cure" as applied to a deceptive act, means either:
(A) to offer in writing to adjust or modify the consumertransaction to which the act relates to conform to thereasonable expectations of the consumer generated by suchdeceptive act and to perform such offer if accepted by theconsumer; or
(B) to offer in writing to rescind such consumer transactionand to perform such offer if accepted by the consumer.
The term includes an offer in writing of one (1) or more itemsof value, including monetary compensation, that the supplierdelivers to a consumer or a representative of the consumer ifaccepted by the consumer.
(6) "Offer to cure" as applied to a deceptive act is a cure that:
(A) is reasonably calculated to remedy a loss claimed by theconsumer; and
(B) includes a minimum additional amount that is the greaterof:
(i) ten percent (10%) of the value of the remedy underclause (A), but not more than four thousand dollars($4,000); or
(ii) five hundred dollars ($500);
as compensation for attorney's fees, expenses, and othercosts that a consumer may incur in relation to the deceptiveact.
(7) "Uncured deceptive act" means a deceptive act:
(A) with respect to which a consumer who has beendamaged by such act has given notice to the supplier undersection 5(a) of this chapter; and
(B) either:
(i) no offer to cure has been made to such consumer withinthirty (30) days after such notice; or
(ii) the act has not been cured as to such consumer withina reasonable time after the consumer's acceptance of theoffer to cure.
(8) "Incurable deceptive act" means a deceptive act done by asupplier as part of a scheme, artifice, or device with intent todefraud or mislead. The term includes a failure of a transfereeof structured settlement payment rights to timely provide a trueand complete disclosure statement to a payee as provided underIC 34-50-2 in connection with a direct or indirect transfer ofstructured settlement payment rights.
(9) "Pyramid promotional scheme" means any program utilizinga pyramid or chain process by which a participant in theprogram gives a valuable consideration exceeding one hundred
dollars ($100) for the opportunity or right to receivecompensation or other things of value in return for inducingother persons to become participants for the purpose of gainingnew participants in the program. The term does not includeordinary sales of goods or services to persons who are notpurchasing in order to participate in such a scheme.
(10) "Promoting a pyramid promotional scheme" means:
(A) inducing or attempting to induce one (1) or more otherpersons to become participants in a pyramid promotionalscheme; or
(B) assisting another in promoting a pyramid promotionalscheme.
(11) "Elderly person" means an individual who is at leastsixty-five (65) years of age.
(12) "Telephone facsimile machine" means equipment that hasthe capacity to transcribe text or images, or both, from:
(A) paper into an electronic signal and to transmit that signalover a regular telephone line; or
(B) an electronic signal received over a regular telephoneline onto paper.
(13) "Unsolicited advertisement" means material advertising thecommercial availability or quality of:
(A) property;
(B) goods; or
(C) services;
that is transmitted to a person without the person's prior expressinvitation or permission, in writing or otherwise.
(b) As used in section 3(a)(15) of this chapter:
(1) "Directory assistance" means the disclosure of telephonenumber information in connection with an identified telephoneservice subscriber by means of a live operator or automatedservice.
(2) "Local telephone directory" refers to a telephone classifiedadvertising directory or the business section of a telephonedirectory that is distributed by a telephone company or directorypublisher to subscribers located in the local exchangescontained in the directory. The term includes a directory thatincludes listings of more than one (1) telephone company.
(3) "Local telephone number" refers to a telephone number thathas the three (3) number prefix used by the provider oftelephone service for telephones physically located within thearea covered by the local telephone directory in which thenumber is listed. The term does not include long distancenumbers or 800-, 888-, or 900- exchange numbers listed in alocal telephone directory.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by Acts 1982,P.L.152, SEC.1; P.L.12-1986, SEC.4; P.L.24-1989, SEC.10;P.L.233-1995, SEC.1; P.L.174-1997, SEC.1; P.L.18-1997, SEC.3;P.L.219-2001, SEC.1; P.L.165-2005, SEC.6; P.L.85-2006, SEC.2;P.L.1-2007, SEC.165.
IC 24-5-0.5-3
Acts constituting deceptive practices
Sec. 3. (a) The following acts, and the following representationsas to the subject matter of a consumer transaction, made orally, inwriting, or by electronic communication, by a supplier, are deceptiveacts:
(1) That such subject of a consumer transaction hassponsorship, approval, performance, characteristics,accessories, uses, or benefits it does not have which the supplierknows or should reasonably know it does not have.
(2) That such subject of a consumer transaction is of aparticular standard, quality, grade, style, or model, if it is notand if the supplier knows or should reasonably know that it isnot.
(3) That such subject of a consumer transaction is new orunused, if it is not and if the supplier knows or shouldreasonably know that it is not.
(4) That such subject of a consumer transaction will be suppliedto the public in greater quantity than the supplier intends orreasonably expects.
(5) That replacement or repair constituting the subject of aconsumer transaction is needed, if it is not and if the supplierknows or should reasonably know that it is not.
(6) That a specific price advantage exists as to such subject ofa consumer transaction, if it does not and if the supplier knowsor should reasonably know that it does not.
(7) That the supplier has a sponsorship, approval, or affiliationin such consumer transaction the supplier does not have, andwhich the supplier knows or should reasonably know that thesupplier does not have.
(8) That such consumer transaction involves or does not involvea warranty, a disclaimer of warranties, or other rights, remedies,or obligations, if the representation is false and if the supplierknows or should reasonably know that the representation isfalse.
(9) That the consumer will receive a rebate, discount, or otherbenefit as an inducement for entering into a sale or lease inreturn for giving the supplier the names of prospectiveconsumers or otherwise helping the supplier to enter into otherconsumer transactions, if earning the benefit, rebate, or discountis contingent upon the occurrence of an event subsequent to thetime the consumer agrees to the purchase or lease.
(10) That the supplier is able to deliver or complete the subjectof the consumer transaction within a stated period of time, whenthe supplier knows or should reasonably know the suppliercould not. If no time period has been stated by the supplier,there is a presumption that the supplier has represented that thesupplier will deliver or complete the subject of the consumertransaction within a reasonable time, according to the course ofdealing or the usage of the trade. (11) That the consumer will be able to purchase the subject ofthe consumer transaction as advertised by the supplier, if thesupplier does not intend to sell it.
(12) That the replacement or repair constituting the subject ofa consumer transaction can be made by the supplier for theestimate the supplier gives a customer for the replacement orrepair, if the specified work is completed and:
(A) the cost exceeds the estimate by an amount equal to orgreater than ten percent (10%) of the estimate;
(B) the supplier did not obtain written permission from thecustomer to authorize the supplier to complete the work evenif the cost would exceed the amounts specified in clause (A);
(C) the total cost for services and parts for a singletransaction is more than seven hundred fifty dollars ($750);and
(D) the supplier knew or reasonably should have known thatthe cost would exceed the estimate in the amounts specifiedin clause (A).
(13) That the replacement or repair constituting the subject ofa consumer transaction is needed, and that the supplier disposesof the part repaired or replaced earlier than seventy-two (72)hours after both:
(A) the customer has been notified that the work has beencompleted; and
(B) the part repaired or replaced has been made available forexamination upon the request of the customer.
(14) Engaging in the replacement or repair of the subject of aconsumer transaction if the consumer has not authorized thereplacement or repair, and if the supplier knows or shouldreasonably know that it is not authorized.
(15) The act of misrepresenting the geographic location of thesupplier by listing a fictitious business name or an assumedbusiness name (as described in IC 23-15-1) in a local telephonedirectory if:
(A) the name misrepresents the supplier's geographiclocation;
(B) the listing fails to identify the locality and state of thesupplier's business;
(C) calls to the local telephone number are routinelyforwarded or otherwise transferred to a supplier's businesslocation that is outside the calling area covered by the localtelephone directory; and
(D) the supplier's business location is located in a countythat is not contiguous to a county in the calling area coveredby the local telephone directory.
(16) The act of listing a fictitious business name or assumedbusiness name (as described in IC 23-15-1) in a directoryassistance database if:
(A) the name misrepresents the supplier's geographiclocation; (B) calls to the local telephone number are routinelyforwarded or otherwise transferred to a supplier's businesslocation that is outside the local calling area; and
(C) the supplier's business location is located in a county thatis not contiguous to a county in the local calling area.
(17) The violation by a supplier of IC 24-3-4 concerningcigarettes for import or export.
(18) The act of a supplier in knowingly selling or reselling aproduct to a consumer if the product has been recalled, whetherby the order of a court or a regulatory body, or voluntarily bythe manufacturer, distributor, or retailer, unless the product hasbeen repaired or modified to correct the defect that was thesubject of the recall.
(19) The violation by a supplier of 47 U.S.C. 227, including anyrules or regulations issued under 47 U.S.C. 227.
(b) Any representations on or within a product or its packaging orin advertising or promotional materials which would constitute adeceptive act shall be the deceptive act both of the supplier whoplaces such representation thereon or therein, or who authored suchmaterials, and such other suppliers who shall state orally or inwriting that such representation is true if such other supplier shallknow or have reason to know that such representation was false.
(c) If a supplier shows by a preponderance of the evidence that anact resulted from a bona fide error notwithstanding the maintenanceof procedures reasonably adopted to avoid the error, such act shallnot be deceptive within the meaning of this chapter.
(d) It shall be a defense to any action brought under this chapterthat the representation constituting an alleged deceptive act was onemade in good faith by the supplier without knowledge of its falsityand in reliance upon the oral or written representations of themanufacturer, the person from whom the supplier acquired theproduct, any testing organization, or any other person provided thatthe source thereof is disclosed to the consumer.
(e) For purposes of subsection (a)(12), a supplier that providesestimates before performing repair or replacement work for acustomer shall give the customer a written estimate itemizing asclosely as possible the price for labor and parts necessary for thespecific job before commencing the work.
(f) For purposes of subsection (a)(15), a telephone company orother provider of a telephone directory or directory assistance serviceor its officer or agent is immune from liability for publishing thelisting of a fictitious business name or assumed business name of asupplier in its directory or directory assistance database unless thetelephone company or other provider of a telephone directory ordirectory assistance service is the same person as the supplier whohas committed the deceptive act.
(g) For purposes of subsection (a)(18), it is an affirmative defenseto any action brought under this chapter that the product has beenaltered by a person other than the defendant to render the productcompletely incapable of serving its original purpose.(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by Acts 1978,P.L.127, SEC.2; Acts 1982, P.L.153, SEC.1; Acts 1982, P.L.152,SEC.2; P.L.16-1983, SEC.16; P.L.239-1985, SEC.1; P.L.12-1986,SEC.5; P.L.24-1989, SEC.11; P.L.174-1997, SEC.2; P.L.21-2000,SEC.11; P.L.70-2002, SEC.1; P.L.85-2006, SEC.3; P.L.1-2009,SEC.137.
IC 24-5-0.5-4
Actions and proceedings; damages; injunction; civil penalties;offer to cure
Sec. 4. (a) A person relying upon an uncured or incurabledeceptive act may bring an action for the damages actually sufferedas a consumer as a result of the deceptive act or five hundred dollars($500), whichever is greater. The court may increase damages for awillful deceptive act in an amount that does not exceed the greaterof:
(1) three (3) times the actual damages of the consumer sufferingthe loss; or
(2) one thousand dollars ($1,000).
Except as provided in subsection (j), the court may award reasonableattorney fees to the party that prevails in an action under thissubsection. This subsection does not apply to a consumer transactionin real property, including a claim or action involving a constructiondefect (as defined in IC 32-27-3-1(5)) brought against a constructionprofessional (as defined in IC 32-27-3-1(4)), except for purchases oftime shares and camping club memberships. This subsection alsodoes not apply to a violation of IC 24-4.7, IC 24-5-12, or IC 24-5-14.Actual damages awarded to a person under this section have priorityover any civil penalty imposed under this chapter.
(b) Any person who is entitled to bring an action under subsection(a) on the person's own behalf against a supplier for damages for adeceptive act may bring a class action against such supplier on behalfof any class of persons of which that person is a member and whichhas been damaged by such deceptive act, subject to and under theIndiana Rules of Trial Procedure governing class actions, except asherein expressly provided. Except as provided in subsection (j), thecourt may award reasonable attorney fees to the party that prevailsin a class action under this subsection, provided that such fee shallbe determined by the amount of time reasonably expended by theattorney and not by the amount of the judgment, although thecontingency of the fee may be considered. Any money or otherproperty recovered in a class action under this subsection whichcannot, with due diligence, be restored to consumers within one (1)year after the judgment becomes final shall be returned to the partydepositing the same. This subsection does not apply to a consumertransaction in real property, except for purchases of time shares andcamping club memberships. Actual damages awarded to a class havepriority over any civil penalty imposed under this chapter.
(c) The attorney general may bring an action to enjoin a deceptiveact. However, the attorney general may seek to enjoin patterns of
incurable deceptive acts with respect to consumer transactions in realproperty. In addition, the court may:
(1) issue an injunction;
(2) order the supplier to make payment of the money unlawfullyreceived from the aggrieved consumers to be held in escrow fordistribution to aggrieved consumers;
(3) order the supplier to pay to the state the reasonable costs ofthe attorney general's investigation and prosecution related tothe action; and
(4) provide for the appointment of a receiver.
(d) In an action under subsection (a), (b), or (c), the court mayvoid or limit the application of contracts or clauses resulting fromdeceptive acts and order restitution to be paid to aggrievedconsumers.
(e) In any action under subsection (a) or (b), upon the filing of thecomplaint or on the appearance of any defendant, claimant, or anyother party, or at any later time, the trial court, the supreme court, orthe court of appeals may require the plaintiff, defendant, claimant, orany other party or parties to give security, or additional security, insuch sum as the court shall direct to pay all costs, expenses, anddisbursements that shall be awarded against that party or which thatparty may be directed to pay by any interlocutory order by the finaljudgment or on appeal.
(f) Any person who violates the terms of an injunction issuedunder subsection (c) shall forfeit and pay to the state a civil penaltyof not more than fifteen thousand dollars ($15,000) per violation. Forthe purposes of this section, the court issuing an injunction shallretain jurisdiction, the cause shall be continued, and the attorneygeneral acting in the name of the state may petition for recovery ofcivil penalties. Whenever the court determines that an injunctionissued under subsection (c) has been violated, the court shall awardreasonable costs to the state.
(g) If a court finds any person has knowingly violated section 3 or10 of this chapter, other than section 3(a)(19) of this chapter, theattorney general, in an action pursuant to subsection (c), may recoverfrom the person on behalf of the state a civil penalty of a fine notexceeding five thousand dollars ($5,000) per violation.
(h) If a court finds that a person has violated section 3(a)(19) ofthis chapter, the attorney general, in an action under subsection (c),may recover from the person on behalf of the state a civil penalty asfollows:
(1) For a knowing or intentional violation, one thousand fivehundred dollars ($1,500).
(2) For a violation other than a knowing or intentional violation,five hundred dollars ($500).
A civil penalty recovered under this subsection shall be deposited inthe consumer protection division telephone solicitation fundestablished by IC 24-4.7-3-6 to be used for the administration andenforcement of section 3(a)(19) of this chapter.
(i) An elderly person relying upon an uncured or incurable
deceptive act, including an act related to hypnotism, may bring anaction to recover treble damages, if appropriate.
(j) An offer to cure is:
(1) not admissible as evidence in a proceeding initiated underthis section unless the offer to cure is delivered by a supplier tothe consumer or a representative of the consumer before thesupplier files the supplier's initial response to a complaint; and
(2) only admissible as evidence in a proceeding initiated underthis section to prove that a supplier is not liable for attorney'sfees under subsection (k).
If the offer to cure is timely delivered by the supplier, the suppliermay submit the offer to cure as evidence to prove in the proceedingin accordance with the Indiana Rules of Trial Procedure that thesupplier made an offer to cure.
(k) A supplier may not be held liable for the attorney's fees andcourt costs of the consumer that are incurred following the timelydelivery of an offer to cure as described in subsection (j) unless theactual damages awarded, not including attorney's fees and costs,exceed the value of the offer to cure.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by Acts 1978,P.L.127, SEC.3; Acts 1982, P.L.152, SEC.3; P.L.12-1986, SEC.6;P.L.3-1989, SEC.141; P.L.24-1989, SEC.12; P.L.233-1995, SEC.2;P.L.165-2005, SEC.7; P.L.222-2005, SEC.33; P.L.85-2006, SEC.4.
IC 24-5-0.5-5
Limitation of actions
Sec. 5. (a) No action may be brought under this chapter, exceptunder section 4(c) of this chapter, unless (1) the deceptive act isincurable or (2) the consumer bringing the action shall have givennotice in writing to the supplier within the sooner of (i) six (6)months after the initial discovery of the deceptive act, (ii) one (1)year following such consumer transaction, or (iii) any timelimitation, not less than thirty (30) days, of any period of warrantyapplicable to the transaction, which notice shall state fully the natureof the alleged deceptive act and the actual damage sufferedtherefrom, and unless such deceptive act shall have become anuncured deceptive act.
(b) No action may be brought under this chapter except asexpressly authorized in section 4(a), 4(b), or 4(c) of this chapter. Anyaction brought under this chapter may not be brought more than two(2) years after the occurrence of the deceptive act.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by Acts 1982,P.L.152, SEC.4; P.L.211-1993, SEC.1; P.L.45-1995, SEC.17.
IC 24-5-0.5-6
Application of law
Sec. 6. This chapter does not apply to an act or practice that is:
(1) required or expressly permitted by federal law, rule, orregulation; or
(2) required or expressly permitted by state law, rule,
regulation, or local ordinance.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by P.L.1-2006,SEC.412.
IC 24-5-0.5-7
Assurances of voluntary compliance
Sec. 7. (a) In the administration of this chapter, the attorneygeneral may accept an assurance of voluntary compliance withrespect to any deceptive act from any person who has engaged in, isengaging in, or is about to engage in such deceptive act. Theassurance of voluntary compliance may include a stipulation for thevoluntary payment by the person of the costs of investigation orpayment of an amount to be held in escrow pending the outcome ofan action or as restitution to aggrieved consumers, or both. Theassurance of voluntary compliance shall be in writing and shall befiled with and subject to the approval of the court having jurisdiction.
(b) The assurance of voluntary compliance shall not be consideredan admission of a deceptive act for any purpose; however, anyviolation of the terms of the assurance constitutes prima facieevidence of a deceptive act. Matters thus closed may at any time bereopened by the attorney general for further proceedings in the publicinterest.
As added by Acts 1978, P.L.127, SEC.4.
IC 24-5-0.5-8
Incurable deceptive act; civil penalty
Sec. 8. A person who commits an incurable deceptive act issubject to a civil penalty of a fine of not more than five hundreddollars ($500) for each violation. The attorney general, acting in thename of the state, has the exclusive right to petition for recovery ofsuch a fine, and this fine may be recovered only in an action broughtunder section 4(c) of this chapter.
As added by Acts 1978, P.L.127, SEC.5. Amended by Acts 1982,P.L.152, SEC.5.
IC 24-5-0.5-9
Cooperative purchase supplier contracts; maximum duration; civilpenalty
Sec. 9. A supplier which is organized primarily to provide benefitsto persons from the cooperative purchase of the subject of aconsumer transaction shall not offer a contract for that purpose thatis to be effective for more than five (5) years. A supplier that violatesthis section is subject to a civil penalty of a fine of not more than fivehundred dollars ($500) for each violation. The attorney general,acting in the name of the state, has the exclusive right to petition forrecovery of such a fine, and this fine may be recovered only in anaction brought under section 4(c) of this chapter.
As added by Acts 1978, P.L.127, SEC.6. Amended by Acts 1982,P.L.152, SEC.6.
IC 24-5-0.5-10
Suppliers; deceptive and unconscionable acts
Sec. 10. (a) A supplier commits a deceptive act if the suppliergives any of the following representations, orally or in writing, ordoes any of the following acts:
(1) Either:
(A) solicits to engage in a consumer transaction without apermit or other license required by law;
(B) solicits to engage in a consumer transaction if a permitor other license is required by law to engage in the consumertransaction and the supplier is not qualified to obtain therequired permit or other license or does not intend to obtainthe permit or other license; or
(C) engages in a consumer transaction without a permit orother license required by law.
(2) Commits a violation of IC 24-5-10.
(3) Contrives, prepares, sets up, operates, publicizes by meansof advertisements, or promotes a pyramid promotional scheme.
(b) A supplier commits an unconscionable act that shall be treatedthe same as a deceptive act under this chapter if the supplier solicitsa person to enter into a contract or agreement:
(1) that contains terms that are oppressively one sided or harsh;
(2) in which the terms unduly limit the person's remedies; or
(3) in which the price is unduly excessive;
and there was unequal bargaining power that led the person to enterinto the contract or agreement unwillingly or without knowledge ofthe terms of the contract or agreement. There is a rebuttablepresumption that a person has knowledge of the terms of a contractor agreement if the person signs a written contract.
As added by P.L.12-1986, SEC.7. Amended by P.L.251-1987, SEC.1;P.L.18-1997, SEC.4.
IC 24-5-0.5-12
False claim of doctoral degree
Sec. 12. (a) It is an incurable deceptive act for an individual, whilesoliciting or performing a consumer transaction, to claim, eitherorally or in writing, to possess a doctorate degree or use a title, aword, letters, an insignia, or an abbreviation associated with adoctorate degree, unless the individual:
(1) has been awarded a doctorate degree from an institution thatis:
(A) accredited by a regional or professional accreditingagency recognized by the United States Department ofEducation or the Council on Postsecondary Accreditation;
(B) a religious seminary, institute, college, or universitywhose certificates, diplomas, or degrees clearly identify thereligious character of the educational program; or
(C) operated and supported by a governmental agency; or
(2) meets the requirements approved by one (1) of the followingboards: (A) Medical licensing board of Indiana.
(B) State board of dental examiners.
(C) Indiana optometry board.
(D) Board of podiatric medicine.
(E) State psychology board.
(F) Board of chiropractic examiners.
(G) Indiana board of veterinary medical examiners.
(H) Indiana board of pharmacy.
(I) Indiana state board of nursing.
(b) It is an incurable deceptive act for an individual, whilesoliciting or performing a consumer transaction, to claim to be a:
(1) physician unless the individual holds an unlimited license topractice medicine under IC 25-22.5;
(2) chiropractic physician unless the individual holds a licenseas a chiropractor under IC 25-10-1; or
(3) podiatric physician unless the individual holds a license asa podiatrist under IC 25-29.
(c) The attorney general shall enforce this section in the samemanner as any other incurable deceptive act under this chapter.
As added by P.L.175-1997, SEC.1. Amended by P.L.246-1999,SEC.1; P.L.12-2000, SEC.1.