IC 24-5-23
    Chapter 23. Marketing by Mortgage Lenders

IC 24-5-23-1
"Mortgage lender"
    Sec. 1. As used in this chapter, "mortgage lender" means theoriginal lender under a mortgage and the original lender's successorsand assigns, including insurance companies, trust companies, banks,investment companies, savings banks, savings associations, creditunions, executors, trustees, and other fiduciaries, or any othermortgagee authorized to do business in this state.
As added by P.L.10-2006, SEC.22 and P.L.57-2006, SEC.22.

IC 24-5-23-2
Marketing materials and solicitations; use of name of existingmortgage lender prohibited; permissible uses and references;remedies
    Sec. 2. (a) Except as provided in subsection (b), a person, firm,limited liability company, or corporation may not use the name of anexisting mortgage lender or a name confusingly similar to that of anexisting mortgage lender when marketing to or soliciting businessfrom a customer or prospective customer if the reference to theexisting mortgage lender is:
        (1) without the consent of the existing mortgage lender; and
        (2) made in a manner that could cause a reasonable person tobelieve that the marketing material or solicitation:
            (A) originated from;
            (B) is endorsed by; or
            (C) is in any other way the responsibility of;
the existing mortgage lender.
    (b) This section does not prohibit the use of or reference to thename of an existing mortgage lender in marketing materials orsolicitations if the use or reference does not deceive or confuse areasonable person regarding whether the marketing material orsolicitation:
        (1) originated from;
        (2) is endorsed by; or
        (3) is in any other way the responsibility of;
the existing mortgage lender.
    (c) A mortgage lender whose name is used in violation of thissection may bring an action to recover the greater of:
        (1) two (2) times the amount of actual damages incurred by themortgage lender as a result of the violation; or
        (2) one thousand dollars ($1,000) plus attorney's fees.
    (d) A mortgage lender that is a bank or a bank holding companyis entitled to any relief available under both:
        (1) subsection (c); and
        (2) IC 28-1-20-4(m);
with respect to the same violation.
As added by P.L.10-2006, SEC.22 and P.L.57-2006, SEC.22.