CHAPTER 10. HOME SOLICITATION SALES
IC 24-5-10
Chapter 10. Home Solicitation Sales
IC 24-5-10-1
"Business day" defined
Sec. 1. As used in this chapter, "business day" means a day otherthan Sunday or a legal holiday.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-2
"Consumer" defined
Sec. 2. As used in this chapter, "consumer" means an individualwho is the ultimate user of the subject of a consumer transaction.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-3
"Consumer transaction" defined
Sec. 3. As used in this chapter, "consumer transaction" means asale, lease, assignment, award by chance, or other disposition of anitem of personal property, real property, a service, or an intangibleto an individual for purposes that are primarily personal, family, orhousehold, or a solicitation to supply any of these things, with orwithout an extension of credit. The term does not include securitiesand policies or contracts of insurance issued by corporationsauthorized to transact an insurance business under the laws ofIndiana.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-4
"Home consumer transaction" defined
Sec. 4. As used in this chapter, "home consumer transaction"means a consumer transaction that the consumer did not solicit thatresults from the direct contact by a supplier at a place other than thesupplier's permanent place of business. For purposes of this chapter,direct contact by the supplier does not include:
(1) contact conducted and consummated entirely by mail ortelephone;
(2) contact between the buyer and seller or its representativesbefore delivery of the goods or performance of the services inthe case of a supplier regulated under IC 23-7-8; or
(3) advertising to the general public.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-5
"Person" defined
Sec. 5. As used in this chapter, "person" means an individual, acorporation, the state or its subdivisions or agencies, a business trust,an estate, a trust, a partnership, an association, a cooperative, or anyother legal entity.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-6
"Supplier" defined
Sec. 6. As used in this chapter, "supplier" means a seller, lessor,assignor, or other person who engages in or solicits consumertransactions, including a manufacturer, wholesaler, or retailer,whether or not the supplier deals directly with the consumer.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-7
"Subject of a consumer transaction" defined
Sec. 7. As used in this chapter, "subject of a consumertransaction" means the personal property, real property, services, orintangibles furnished in a consumer transaction, whether thetransaction is governed by a single contract or multiple contracts.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-8
Cancellation of transaction; notice to supplier
Sec. 8. (a) A consumer may cancel a home consumer transactionif:
(1) the subject of the consumer transaction has a cash salesprice of at least twenty-five dollars ($25); and
(2) the consumer gives the supplier a written notice that meetsthe requirements of 16 C.F.R. 429.1(a) and (b).
(b) The notice given under subsection (a)(2) must meet thefollowing requirements:
(1) It must be given before midnight of the third business dayafter the later of the date:
(A) the supplier furnishes the consumer with the noticerequired by section 9 of this chapter; or
(B) the consumer and the supplier finally agree to thecontract for the subject of the consumer transaction.
(2) It must express in any form the consumer's intention tocancel the consumer transaction.
(3) It must be delivered in person or sent by mail or other deviceto the address given in the supplier's notice required by section9 of this chapter or to the address of the supplier last known tothe consumer if such notice was not given.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-9
Cancellation rights; notice to consumer
Sec. 9. (a) The supplier in a home consumer transaction subjectto section 8 of this chapter shall deliver to the consumer two (2)copies of a written notice of the consumer's right to cancel thetransaction.
(b) The notice shall be on a separate document in at least ten (10)point boldface type and contain the following information:
(1) The address to which the consumer's notice of cancellationmay be delivered or sent. (2) A statement that the transaction may be cancelled beforemidnight of the third business day after the consumer and thesupplier finally agree to the transaction.
(3) A statement of the explanation of the steps the consumermust take to cancel the home consumer transaction.
(4) A statement of the steps the consumer and supplier musttake after cancellation of the home consumer transaction.
(5) The date by which the consumer must exercise the right tocancel the transaction.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-10
Supplier's address change as defense
Sec. 10. A change of the supplier's address is not a defense unlessthe consumer receives written notice of the change by delivery inperson or by certified or registered mail within the time the consumermay exercise the consumer's right to cancel under this chapter.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-11
Final agreement
Sec. 11. Final agreement to a contract does not occur until theconsumer and the supplier unequivocally agree to the contract andthe supplier obtains any required approvals by another supplier orperson.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-12
Return of consideration upon cancellation; emergency homeimprovements completed; quantum meruit
Sec. 12. If the consumer exercises the right to cancel under thischapter, the supplier shall, within ten (10) business days after thenotice of cancellation is delivered, return to the consumer anypayment or other consideration transferred to the supplier by theconsumer. However, if the transaction constitutes a homeimprovement contract under IC 24-5-11 and if the homeimprovement has been made on an emergency basis within three (3)days after final agreement to the contract, the supplier is entitled torecover from the consumer the fair market value of the material andlabor involved to alleviate the emergency.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-13
Repossession by supplier; conditions
Sec. 13. (a) If the consumer exercises the right to cancel underthis chapter and has possession of the subject of the consumertransaction, the supplier may retake possession only:
(1) if the supplier has complied with section 12 of this chapter;
(2) if no more than ten (10) days have passed after compliancewith section 12 of this chapter; and (3) to the extent its return is feasible and can be done withoutcausing damage to any other property of the consumer.
(b) If the supplier fails to take possession of the property withintwenty (20) days after receipt of the notice of cancellation, thesupplier's right to possession is forfeited.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-14
Mitigation of damages
Sec. 14. The supplier is not entitled to mitigation of damages if aconsumer properly exercises the consumer's right to cancel under thischapter.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-15
Supplier provided remedies
Sec. 15. This chapter does not restrict the supplier from offeringor providing additional or broader reasons for cancellation.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-16
Other remedies
Sec. 16. The consumer's right to cancel a home consumertransaction under this chapter is in addition to any other remedyavailable to the consumer. This right cannot be waived.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-17
Violations
Sec. 17. It is a violation of this chapter for a supplier to:
(1) fail to give the notice required by section 9 of this chapter;
(2) fail or refuse to make a full refund as required by thischapter; or
(3) knowingly interfere with the consumer's exercise of theconsumer's rights under this chapter.
As added by P.L.251-1987, SEC.2.
IC 24-5-10-18
Penalties
Sec. 18. A supplier who violates this chapter:
(1) commits a Class C infraction and is required to make a fullrefund as provided by section 12 of this chapter; and
(2) commits a deceptive act that is actionable by the attorneygeneral or by a consumer under IC 24-5-0.5-4 and is subject tothe remedies and penalties under IC 24-5-0.5.
As added by P.L.251-1987, SEC.2.