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 inaccurate
information in a rental purchase agreement or a written disclosure
required 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 that
the lessor is required to disclose to a lessee or provide to the
department 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 rental
purchase 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 a
party 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 lessor
committing the violation;

the amounts described in subsection (b).

    (b) The lessee in an action described in subsection (a) may
recover 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 of
the violation;

            (B) three hundred dollars ($300); or

            (C) twenty-five percent (25%) of the total rental payments
necessary to acquire ownership of the property leased under
the 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 1
through 3 of this chapter or a civil proceeding under section 4 of this
chapter that the lessor or an assignee of a lessor:

        (1) failed to comply with this article as a result of a bona fide
clerical error; and

        (2) corrected the error after the date of execution of the rental
purchase 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 1
through 3 of this chapter or a civil proceeding under section 4 of this
chapter that the lessor complied with a rule adopted by the
department.

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 the
amounts described in section 4 of this chapter must be commenced
within one (1) year after the action accrues.

As added by P.L.254-1987, SEC.1.