CHAPTER 9. CONSUMER PROTECTION DIVISION
IC 4-6-9
Chapter 9. Consumer Protection Division
IC 4-6-9-1
Creation
Sec. 1. (Division) There is created in the office of the AttorneyGeneral a division of consumer protection, hereinafter referred to asthe "division."
(Formerly: Acts 1971, P.L.22, SEC.1.)
IC 4-6-9-2
Director of division
Sec. 2. (Division: Director) The Attorney General shall appoint adirector of the division at a salary to be approved by the State BudgetAgency.
(Formerly: Acts 1971, P.L.22, SEC.1.)
IC 4-6-9-3
Staff; student work-study programs
Sec. 3. (Division: Staff) The Attorney General shall furnish suchstaff assistance to the division as is necessary to promptly dischargeits duties, and the division may participate in student work-studyprograms.
(Formerly: Acts 1971, P.L.22, SEC.1.)
IC 4-6-9-4
Powers and duties; telephone sales solicitation information
Sec. 4. (a) The division has the following powers and duties:
(1) The power to investigate any written consumer complaintmade by a nonmerchant arising from a transaction between amerchant as defined in the Uniform Commercial Code and anonmerchant concerning sales, leases, assignments, awards bychance, or other dispositions of goods, services, or repairs, andintangibles to a person for purposes that are primarily personal,familial, household, charitable, or agricultural, or a solicitationto supply any of the above things. When a consumer trades inor sells a motor vehicle to another consumer or nonconsumer,he shall be deemed to be a nonconsumer and shall be subject tothe provisions of this chapter. The division shall have nojurisdiction over matters concerning utilities subject toregulation by the utility regulatory commission or by an agencyof the United States except that the provisions of subdivision(5) shall apply and except as provided in IC 8-1-29.
(2) For complaints filed after August 31, 1984, the duty toascertain from the consumer whether the consumer consents topublic disclosure by the division of the filing of the complaint,including the consumer's identity and telephone number, if any.
(3) The duty to notify the merchant of the nature of thecomplaint by written communication and request a writtenreply. (4) Upon receipt of reply, the duty to act as mediator betweenthe parties and attempt to resolve all complaints in aconciliatory manner. The director of the division and theattorney general have discretion whether to mediate complaintsinvolving a de minimis amount of money.
(5) If no reply is received or if the parties are unable to resolvetheir differences, and no violation of federal or state statute orrule is indicated, the duty to provide the complainant with acopy of all correspondence relating to the matter.
(6) Whenever a violation of a state or federal law oradministrative rule is indicated, the duty to forward to theappropriate state or federal agency a copy of thecorrespondence and request that the agency further investigatethe complaint and report to the division upon the disposition ofthe complaint.
(7) The power to initiate and prosecute civil actions on behalfof the state whenever an agency to which a complaint has beenforwarded fails to act upon the complaint within ten (10)working days after its referral, or whenever no state agency hasjurisdiction over the subject matter of the complaint.
(b) All complaints and correspondence in the possession of thedivision under this chapter are confidential unless disclosure of acomplaint or correspondence is:
(1) requested by the person who filed the complaint;
(2) consented to, in whole or in part, after August 31, 1984, bythe person who filed the complaint;
(3) in furtherance of an investigation by a law enforcementagency; or
(4) necessary for the filing of an action by the attorney generalunder IC 24-5-0.5.
(c) Notwithstanding subsection (b), the division may publiclydisclose information relating to the status of complaints undersubsection (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7).
(d) Except for a residential telephone number published in themost recent quarterly telephone sales solicitation listing by thedivision under IC 24-4.7-3 and except as provided in subsection (e),all consumer information provided for the purposes of registering foror maintaining the no telephone sales solicitation listing isconfidential.
(e) The name, address, and telephone number of a registrant of themost recent quarterly no telephone sales solicitation listing may bereleased for journalistic purposes if the registrant consents to therelease of information after June 30, 2007.
(Formerly: Acts 1971, P.L.22, SEC.1.) As amended by P.L.12-1984,SEC.1; P.L.17-1985, SEC.2; P.L.23-1988, SEC.1; P.L.18-1997,SEC.1; P.L.92-1998, SEC.1; P.L.49-2003, SEC.1; P.L.136-2007,SEC.2.
IC 4-6-9-5
Repealed (Repealed by Acts 1978, P.L.6, SEC.36.)
IC 4-6-9-6
Legislative recommendations
Sec. 6. The division shall make legislative recommendations tothe legislative council for transmittal to the general assembly. Therecommendations must be in an electronic format under IC 5-14-6.
(Formerly: Acts 1971, P.L.22, SEC.1.) As amended by P.L.28-2004,SEC.30.
IC 4-6-9-7
Educational program; deceptive sales practices; federal funds
Sec. 7. (Consumer Educational Programs) The division shallinitiate and maintain an educational program to inform consumers ofdeceptive sales practices and shall be designated by the Governor asthe state agency for the receipt and administration of federal fundsfor the purposes of consumer protection activity.
(Formerly: Acts 1971, P.L.22, SEC.1.)
IC 4-6-9-7.5
Educational program; breach of the security of data; preventionand mitigation
Sec. 7.5. The division may initiate and maintain an educationalprogram to inform consumers of:
(1) risks involved in a breach of the security of data; and
(2) steps that the victim of a security breach should take toprevent and mitigate the damage from the security breach.
As added by P.L.136-2008, SEC.1. Amended by P.L.137-2009,SEC.1.
IC 4-6-9-8
Adoption of rules; review
Sec. 8. (a) The division may adopt rules under IC 4-22-2 relatingto statutes enforced by the division.
(b) A member of the division's staff who actively participates inthe adoption of a rule under this section may not conduct the reviewof that rule required by IC 4-22-2-32.
As added by P.L.24-1989, SEC.1.