CHAPTER 19. DECEPTIVE COMMERCIAL SOLICITATION

IC 24-5-19
    Chapter 19. Deceptive Commercial Solicitation

IC 24-5-19-1
Application of chapter
    Sec. 1. This chapter applies to a person that sends, delivers, ortransmits by mail, private delivery, facsimile transmission, orelectronic mail a solicitation offering goods or services for sale,lease, or rent if the person:
        (1) creates, prepares, packages, or handles the solicitation inIndiana;
        (2) sends the solicitation from a location in Indiana;
        (3) sends the solicitation from outside Indiana to a location orperson in Indiana;
        (4) uses a post office box, mailing service, or facsimiletransmission service in Indiana;
        (5) remails, forwards, redirects, or retransmits the solicitationfrom Indiana to a location in Indiana or outside Indiana; or
        (6) directly or indirectly uses another person in Indiana tocreate, prepare, package, handle, send, deliver, transmit, remail,forward, redirect, or retransmit a solicitation.
As added by P.L.176-1997, SEC.1.

IC 24-5-19-2
"Person" defined
    Sec. 2. As used in this chapter, "person" has the meaning set forthin IC 24-5-0.5-2.
As added by P.L.176-1997, SEC.1.

IC 24-5-19-3
Solicitation of payment by bill, invoice, or statement of account due
    Sec. 3. A person may not, with intent to deceive, knowingly orintentionally send, deliver, or transmit a bill, an invoice, or astatement of account due, or a writing that could reasonably beinterpreted as a bill, an invoice, or a statement of account due, tosolicit payment of money by another person for goods not yetordered or for services not yet performed and not yet ordered.
As added by P.L.176-1997, SEC.1.

IC 24-5-19-4
Solicitation of payment by compliance notice, legal notice, or othernotice of governmental entity
    Sec. 4. A person that is not a governmental entity may notknowingly or intentionally send, deliver, or transmit a writing thatpurports to be a compliance notice, legal notice, or other notice of agovernmental entity, or a writing that could reasonably be interpretedto be a compliance notice, legal notice, or other notice of agovernmental entity, to solicit payment of money by another personfor goods not yet ordered or for services not yet performed and notyet ordered.As added by P.L.176-1997, SEC.1.

IC 24-5-19-5
Solicitation when goods not shipped or services not performed
    Sec. 5. A person may not knowingly or intentionally send, deliver,or transmit a solicitation for goods if the solicitation indicates thatgoods have been shipped to or services performed for the recipientand the goods have not been shipped or the services have not beenperformed.
As added by P.L.176-1997, SEC.1.

IC 24-5-19-6
Compliance with other provisions of law
    Sec. 6. The provisions of this chapter are not exclusive and do notrelieve a person of compliance with other applicable provisions oflaw.
As added by P.L.176-1997, SEC.1.

IC 24-5-19-7
Voidable contracts
    Sec. 7. A contract entered into in reliance on a solicitation thatdoes not comply with this chapter is voidable by the party that reliedon the solicitation.
As added by P.L.176-1997, SEC.1.

IC 24-5-19-8
Waiver
    Sec. 8. A waiver of a person's rights under all or part of thischapter is void and unenforceable.
As added by P.L.176-1997, SEC.1.

IC 24-5-19-9
Power to bring action, seek injunction, or submit matter toattorney general
    Sec. 9. A person that receives a solicitation that violates theprovisions of this chapter may:
        (1) bring an action in the circuit or superior court of the countyof the person's residence for recovery of the person's actualdamages resulting from the violation, including court costs andattorney's fees;
        (2) petition the circuit or superior court of the person's countyof residence to enjoin the sender of the solicitation from furtherviolation; and
        (3) whether or not the recipient of the solicitation is actuallydeceived, submit the matter to the attorney general for actionunder IC 24-5-0.5.
As added by P.L.176-1997, SEC.1.

IC 24-5-19-10
Violation of chapter; Class A misdemeanor    Sec. 10. A person that violates the provisions of this chaptercommits a Class A misdemeanor.
As added by P.L.176-1997, SEC.1.

IC 24-5-19-11
Penalties
    Sec. 11. (a) A person that violates this chapter is subject to thepenalties set forth in IC 24-5-0.5.
    (b) The penalties set forth in IC 24-5-0.5 apply whether or not arecipient of the person's solicitation is actually deceived.
As added by P.L.176-1997, SEC.1.