CHAPTER 9. VIOLATIONS; CIVIL DAMAGES

IC 24-7-9
    Chapter 9. Violations; Civil Damages

IC 24-7-9-1
False or inaccurate information in agreements or disclosures;offense
    Sec. 1. A lessor who knowingly gives false or inaccurateinformation in a rental purchase agreement or a written disclosurerequired under this article commits a Class C misdemeanor.
As added by P.L.254-1987, SEC.1.

IC 24-7-9-2
Failure to provide required information; offense
    Sec. 2. A lessor who knowingly fails to provide information thatthe lessor is required to disclose to a lessee or provide to thedepartment under this article commits a Class C misdemeanor.
As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997,SEC.16.

IC 24-7-9-3
Unauthorized or excessive charges; offense
    Sec. 3. A lessor who knowingly makes a charge under a rentalpurchase agreement that:
        (1) is not authorized under this article; or
        (2) exceeds the amount authorized under this article;
commits a Class C misdemeanor.
As added by P.L.254-1987, SEC.1.

IC 24-7-9-4
Civil damages recoverable by lessee
    Sec. 4. (a) If a lessor violates this article and a lessee who is aparty to the agreement prevails in the proceeding, the lessee may:
        (1) recover from the lessor committing the violation; or
        (2) set off in a counterclaim in any action by the lessorcommitting the violation;
the amounts described in subsection (b).
    (b) The lessee in an action described in subsection (a) mayrecover all of the following:
        (1) Reasonable attorney's fees, as determined by the court.
        (2) Court costs.
        (3) The greater of:
            (A) the actual damages incurred by the lessee as a result ofthe violation;
            (B) three hundred dollars ($300); or
            (C) twenty-five percent (25%) of the total rental paymentsnecessary to acquire ownership of the property leased underthe agreement.
As added by P.L.254-1987, SEC.1.

IC 24-7-9-5 Defenses; clerical error and correction
    Sec. 5. It is a defense in a criminal proceeding under sections 1through 3 of this chapter or a civil proceeding under section 4 of thischapter that the lessor or an assignee of a lessor:
        (1) failed to comply with this article as a result of a bona fideclerical error; and
        (2) corrected the error after the date of execution of the rentalpurchase agreement.
As added by P.L.254-1987, SEC.1.

IC 24-7-9-6
Defense; compliance with rules
    Sec. 6. It is a defense in a criminal proceeding under sections 1through 3 of this chapter or a civil proceeding under section 4 of thischapter that the lessor complied with a rule adopted by thedepartment.
As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997,SEC.17.

IC 24-7-9-7
Limitation of actions
    Sec. 7. Notwithstanding any other law, an action to recover theamounts described in section 4 of this chapter must be commencedwithin one (1) year after the action accrues.
As added by P.L.254-1987, SEC.1.