IC 24-4.7-4-1 Prohibitions
Sec. 1. A telephone solicitor may not make or cause to be made
a telephone sales call to a telephone number if that telephone number
appears in the most current quarterly listing published by the
division. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-2 Violations; disclosure
Sec. 2. A telephone solicitor who makes a telephone sales call to
a telephone number shall immediately disclose the following
information upon making contact with the consumer:
(1) The solicitor's true first and last name.
(2) The name of the business on whose behalf the telephone
solicitor is soliciting. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-3 Directories
Sec. 3. (a) This section does not apply to a person obtaining
consumer information for inclusion in directory assistance and
telephone directories sold by telephone companies.
(b) A telephone solicitor or person who obtains consumer
information that includes telephone numbers shall exclude the
telephone numbers that appear on the division's most current listing. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-4 Contracts and sales
Sec. 4. (a) This section does not apply to any of the following:
(1) A sale in which:
(A) no prior payment is made to a merchant;
(B) an invoice accompanies the goods or services; and
(C) a consumer is allowed seven (7) days to cancel the
services or return the goods without obligation for payment.
(2) A contractual agreement that:
(A) requires payment; and
(B) allows the consumer at least ten (10) days to cancel the
contract and receive a full refund of the payment.
(3) A sale regulated by 170 IAC 7-1.1-19.
(4) A newspaper subscription executed through a telephone call.
(b) A contract made under a telephone sales call is not valid and
enforceable against a consumer unless the contract complies with
this section.
(c) A contract made under a telephone sales call must satisfy all
of the following:
(1) The contract must be reduced to writing and signed by the
consumer.
(2) The contract must contain the name, address, and business
telephone number of the seller, the total price of the contract,
and a detailed description of the goods or services being sold.
(3) The description of goods or services as stated in the contract
must be the same as the description principally used in the
telephone solicitation.
(4) The contract must contain, in bold, conspicuous type
immediately preceding the signature the words "you are not
obligated to pay any money unless you sign this contract and
return it to the seller".
(5) The contract may not exclude from its terms any oral or
written representations made by the telephone solicitor to the
consumer in connection with the transaction. As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.1.
IC 24-4.7-4-5 Transactions
Sec. 5. (a) This section does not apply to any of the following:
(1) A transaction made in accordance with prior negotiations in
the course of a visit by a consumer to a merchant that operates
a retail business establishment that has a fixed, permanent
location where consumer goods are displayed or offered for sale
on a continuing basis.
(2) A transaction in which:
(A) a consumer may obtain a full refund for the return of
undamaged and unused goods; or
(B) a consumer may, within seven (7) days after receipt of
merchandise by a consumer, give a cancellation of services
notice to a seller and return the merchandise, and the seller
must process the refund within thirty (30) days after receipt
of the returned merchandise.
(3) A transaction in which a consumer purchases goods or
services under a television, radio, or print advertisement or a
sample, brochure, or catalog of a merchant that contains:
(A) the name, address, and business telephone number of the
merchant;
(B) a description of the goods or services being sold; and
(C) limitations or restrictions that apply to the offer.
(4) A transaction in which a merchant is a bona fide charitable
organization.
(b) A contract made under a telephone sales call in violation of
this section is not valid and enforceable against a consumer.
(c) A merchant who engages a telephone solicitor to make or
cause to be made a telephone sales call may not:
(1) make or submit a charge to a consumer's credit card account;
or
(2) make or cause to be made any electronic transfer of funds;
until the merchant receives from the consumer a copy of the contract,
signed by the consumer, that complies with this chapter. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-6 Other applicable law
Sec. 6. A telephone solicitor must also comply with all other
applicable laws, including the following, if applicable:
(1) IC 24-5-12.
(2) IC 24-5-14. As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.2.
IC 24-4.7-4-1 Prohibitions
Sec. 1. A telephone solicitor may not make or cause to be made
a telephone sales call to a telephone number if that telephone number
appears in the most current quarterly listing published by the
division. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-2 Violations; disclosure
Sec. 2. A telephone solicitor who makes a telephone sales call to
a telephone number shall immediately disclose the following
information upon making contact with the consumer:
(1) The solicitor's true first and last name.
(2) The name of the business on whose behalf the telephone
solicitor is soliciting. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-3 Directories
Sec. 3. (a) This section does not apply to a person obtaining
consumer information for inclusion in directory assistance and
telephone directories sold by telephone companies.
(b) A telephone solicitor or person who obtains consumer
information that includes telephone numbers shall exclude the
telephone numbers that appear on the division's most current listing. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-4 Contracts and sales
Sec. 4. (a) This section does not apply to any of the following:
(1) A sale in which:
(A) no prior payment is made to a merchant;
(B) an invoice accompanies the goods or services; and
(C) a consumer is allowed seven (7) days to cancel the
services or return the goods without obligation for payment.
(2) A contractual agreement that:
(A) requires payment; and
(B) allows the consumer at least ten (10) days to cancel the
contract and receive a full refund of the payment.
(3) A sale regulated by 170 IAC 7-1.1-19.
(4) A newspaper subscription executed through a telephone call.
(b) A contract made under a telephone sales call is not valid and
enforceable against a consumer unless the contract complies with
this section.
(c) A contract made under a telephone sales call must satisfy all
of the following:
(1) The contract must be reduced to writing and signed by the
consumer.
(2) The contract must contain the name, address, and business
telephone number of the seller, the total price of the contract,
and a detailed description of the goods or services being sold.
(3) The description of goods or services as stated in the contract
must be the same as the description principally used in the
telephone solicitation.
(4) The contract must contain, in bold, conspicuous type
immediately preceding the signature the words "you are not
obligated to pay any money unless you sign this contract and
return it to the seller".
(5) The contract may not exclude from its terms any oral or
written representations made by the telephone solicitor to the
consumer in connection with the transaction. As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.1.
IC 24-4.7-4-5 Transactions
Sec. 5. (a) This section does not apply to any of the following:
(1) A transaction made in accordance with prior negotiations in
the course of a visit by a consumer to a merchant that operates
a retail business establishment that has a fixed, permanent
location where consumer goods are displayed or offered for sale
on a continuing basis.
(2) A transaction in which:
(A) a consumer may obtain a full refund for the return of
undamaged and unused goods; or
(B) a consumer may, within seven (7) days after receipt of
merchandise by a consumer, give a cancellation of services
notice to a seller and return the merchandise, and the seller
must process the refund within thirty (30) days after receipt
of the returned merchandise.
(3) A transaction in which a consumer purchases goods or
services under a television, radio, or print advertisement or a
sample, brochure, or catalog of a merchant that contains:
(A) the name, address, and business telephone number of the
merchant;
(B) a description of the goods or services being sold; and
(C) limitations or restrictions that apply to the offer.
(4) A transaction in which a merchant is a bona fide charitable
organization.
(b) A contract made under a telephone sales call in violation of
this section is not valid and enforceable against a consumer.
(c) A merchant who engages a telephone solicitor to make or
cause to be made a telephone sales call may not:
(1) make or submit a charge to a consumer's credit card account;
or
(2) make or cause to be made any electronic transfer of funds;
until the merchant receives from the consumer a copy of the contract,
signed by the consumer, that complies with this chapter. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-6 Other applicable law
Sec. 6. A telephone solicitor must also comply with all other
applicable laws, including the following, if applicable:
(1) IC 24-5-12.
(2) IC 24-5-14. As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.2.
IC 24-4.7-4-1 Prohibitions
Sec. 1. A telephone solicitor may not make or cause to be made
a telephone sales call to a telephone number if that telephone number
appears in the most current quarterly listing published by the
division. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-2 Violations; disclosure
Sec. 2. A telephone solicitor who makes a telephone sales call to
a telephone number shall immediately disclose the following
information upon making contact with the consumer:
(1) The solicitor's true first and last name.
(2) The name of the business on whose behalf the telephone
solicitor is soliciting. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-3 Directories
Sec. 3. (a) This section does not apply to a person obtaining
consumer information for inclusion in directory assistance and
telephone directories sold by telephone companies.
(b) A telephone solicitor or person who obtains consumer
information that includes telephone numbers shall exclude the
telephone numbers that appear on the division's most current listing. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-4 Contracts and sales
Sec. 4. (a) This section does not apply to any of the following:
(1) A sale in which:
(A) no prior payment is made to a merchant;
(B) an invoice accompanies the goods or services; and
(C) a consumer is allowed seven (7) days to cancel the
services or return the goods without obligation for payment.
(2) A contractual agreement that:
(A) requires payment; and
(B) allows the consumer at least ten (10) days to cancel the
contract and receive a full refund of the payment.
(3) A sale regulated by 170 IAC 7-1.1-19.
(4) A newspaper subscription executed through a telephone call.
(b) A contract made under a telephone sales call is not valid and
enforceable against a consumer unless the contract complies with
this section.
(c) A contract made under a telephone sales call must satisfy all
of the following:
(1) The contract must be reduced to writing and signed by the
consumer.
(2) The contract must contain the name, address, and business
telephone number of the seller, the total price of the contract,
and a detailed description of the goods or services being sold.
(3) The description of goods or services as stated in the contract
must be the same as the description principally used in the
telephone solicitation.
(4) The contract must contain, in bold, conspicuous type
immediately preceding the signature the words "you are not
obligated to pay any money unless you sign this contract and
return it to the seller".
(5) The contract may not exclude from its terms any oral or
written representations made by the telephone solicitor to the
consumer in connection with the transaction. As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.1.
IC 24-4.7-4-5 Transactions
Sec. 5. (a) This section does not apply to any of the following:
(1) A transaction made in accordance with prior negotiations in
the course of a visit by a consumer to a merchant that operates
a retail business establishment that has a fixed, permanent
location where consumer goods are displayed or offered for sale
on a continuing basis.
(2) A transaction in which:
(A) a consumer may obtain a full refund for the return of
undamaged and unused goods; or
(B) a consumer may, within seven (7) days after receipt of
merchandise by a consumer, give a cancellation of services
notice to a seller and return the merchandise, and the seller
must process the refund within thirty (30) days after receipt
of the returned merchandise.
(3) A transaction in which a consumer purchases goods or
services under a television, radio, or print advertisement or a
sample, brochure, or catalog of a merchant that contains:
(A) the name, address, and business telephone number of the
merchant;
(B) a description of the goods or services being sold; and
(C) limitations or restrictions that apply to the offer.
(4) A transaction in which a merchant is a bona fide charitable
organization.
(b) A contract made under a telephone sales call in violation of
this section is not valid and enforceable against a consumer.
(c) A merchant who engages a telephone solicitor to make or
cause to be made a telephone sales call may not:
(1) make or submit a charge to a consumer's credit card account;
or
(2) make or cause to be made any electronic transfer of funds;
until the merchant receives from the consumer a copy of the contract,
signed by the consumer, that complies with this chapter. As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-6 Other applicable law
Sec. 6. A telephone solicitor must also comply with all other
applicable laws, including the following, if applicable:
(1) IC 24-5-12.
(2) IC 24-5-14. As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.2.
