IC 24-5-10-1 "Business day" defined
Sec. 1. As used in this chapter, "business day" means a day other
than Sunday or a legal holiday. As added by P.L.251-1987, SEC.2.
IC 24-5-10-2 "Consumer" defined
Sec. 2. As used in this chapter, "consumer" means an individual
who is the ultimate user of the subject of a consumer transaction. As added by P.L.251-1987, SEC.2.
IC 24-5-10-3 "Consumer transaction" defined
Sec. 3. As used in this chapter, "consumer transaction" means a
sale, lease, assignment, award by chance, or other disposition of an
item of personal property, real property, a service, or an intangible
to an individual for purposes that are primarily personal, family, or
household, or a solicitation to supply any of these things, with or
without an extension of credit. The term does not include securities
and policies or contracts of insurance issued by corporations
authorized to transact an insurance business under the laws of
Indiana. As added by P.L.251-1987, SEC.2.
IC 24-5-10-4 "Home consumer transaction" defined
Sec. 4. As used in this chapter, "home consumer transaction"
means a consumer transaction that the consumer did not solicit that
results from the direct contact by a supplier at a place other than the
supplier's permanent place of business. For purposes of this chapter,
direct contact by the supplier does not include:
(1) contact conducted and consummated entirely by mail or
telephone;
(2) contact between the buyer and seller or its representatives
before delivery of the goods or performance of the services in
the case of a supplier regulated under IC 23-7-8; or
(3) advertising to the general public. As added by P.L.251-1987, SEC.2.
IC 24-5-10-5 "Person" defined
Sec. 5. As used in this chapter, "person" means an individual, a
corporation, the state or its subdivisions or agencies, a business trust,
an estate, a trust, a partnership, an association, a cooperative, or any
other legal entity. As added by P.L.251-1987, SEC.2. IC 24-5-10-6 "Supplier" defined
Sec. 6. As used in this chapter, "supplier" means a seller, lessor,
assignor, or other person who engages in or solicits consumer
transactions, including a manufacturer, wholesaler, or retailer,
whether or not the supplier deals directly with the consumer. As added by P.L.251-1987, SEC.2.
IC 24-5-10-7 "Subject of a consumer transaction" defined
Sec. 7. As used in this chapter, "subject of a consumer
transaction" means the personal property, real property, services, or
intangibles furnished in a consumer transaction, whether the
transaction is governed by a single contract or multiple contracts. As added by P.L.251-1987, SEC.2.
IC 24-5-10-8 Cancellation of transaction; notice to supplier
Sec. 8. (a) A consumer may cancel a home consumer transaction
if:
(1) the subject of the consumer transaction has a cash sales
price of at least twenty-five dollars ($25); and
(2) the consumer gives the supplier a written notice that meets
the requirements of 16 C.F.R. 429.1(a) and (b).
(b) The notice given under subsection (a)(2) must meet the
following requirements:
(1) It must be given before midnight of the third business day
after the later of the date:
(A) the supplier furnishes the consumer with the notice
required by section 9 of this chapter; or
(B) the consumer and the supplier finally agree to the
contract for the subject of the consumer transaction.
(2) It must express in any form the consumer's intention to
cancel the consumer transaction.
(3) It must be delivered in person or sent by mail or other device
to the address given in the supplier's notice required by section
9 of this chapter or to the address of the supplier last known to
the consumer if such notice was not given. As added by P.L.251-1987, SEC.2.
IC 24-5-10-9 Cancellation rights; notice to consumer
Sec. 9. (a) The supplier in a home consumer transaction subject
to section 8 of this chapter shall deliver to the consumer two (2)
copies of a written notice of the consumer's right to cancel the
transaction.
(b) The notice shall be on a separate document in at least ten (10)
point boldface type and contain the following information:
(1) The address to which the consumer's notice of cancellation
may be delivered or sent.
(2) A statement that the transaction may be cancelled before
midnight of the third business day after the consumer and the
supplier finally agree to the transaction.
(3) A statement of the explanation of the steps the consumer
must take to cancel the home consumer transaction.
(4) A statement of the steps the consumer and supplier must
take after cancellation of the home consumer transaction.
(5) The date by which the consumer must exercise the right to
cancel the transaction. As added by P.L.251-1987, SEC.2.
IC 24-5-10-10 Supplier's address change as defense
Sec. 10. A change of the supplier's address is not a defense unless
the consumer receives written notice of the change by delivery in
person or by certified or registered mail within the time the consumer
may exercise the consumer's right to cancel under this chapter. As added by P.L.251-1987, SEC.2.
IC 24-5-10-11 Final agreement
Sec. 11. Final agreement to a contract does not occur until the
consumer and the supplier unequivocally agree to the contract and
the supplier obtains any required approvals by another supplier or
person. As added by P.L.251-1987, SEC.2.
IC 24-5-10-12 Return of consideration upon cancellation; emergency home
improvements completed; quantum meruit
Sec. 12. If the consumer exercises the right to cancel under this
chapter, the supplier shall, within ten (10) business days after the
notice of cancellation is delivered, return to the consumer any
payment or other consideration transferred to the supplier by the
consumer. However, if the transaction constitutes a home
improvement contract under IC 24-5-11 and if the home
improvement has been made on an emergency basis within three (3)
days after final agreement to the contract, the supplier is entitled to
recover from the consumer the fair market value of the material and
labor involved to alleviate the emergency. As added by P.L.251-1987, SEC.2.
IC 24-5-10-13 Repossession by supplier; conditions
Sec. 13. (a) If the consumer exercises the right to cancel under
this chapter and has possession of the subject of the consumer
transaction, the supplier may retake possession only:
(1) if the supplier has complied with section 12 of this chapter;
(2) if no more than ten (10) days have passed after compliance
with section 12 of this chapter; and
(3) to the extent its return is feasible and can be done without
causing damage to any other property of the consumer.
(b) If the supplier fails to take possession of the property within
twenty (20) days after receipt of the notice of cancellation, the
supplier's right to possession is forfeited. As added by P.L.251-1987, SEC.2.
IC 24-5-10-14 Mitigation of damages
Sec. 14. The supplier is not entitled to mitigation of damages if a
consumer properly exercises the consumer's right to cancel under this
chapter. As added by P.L.251-1987, SEC.2.
IC 24-5-10-15 Supplier provided remedies
Sec. 15. This chapter does not restrict the supplier from offering
or providing additional or broader reasons for cancellation. As added by P.L.251-1987, SEC.2.
IC 24-5-10-16 Other remedies
Sec. 16. The consumer's right to cancel a home consumer
transaction under this chapter is in addition to any other remedy
available to the consumer. This right cannot be waived. As added by P.L.251-1987, SEC.2.
IC 24-5-10-17 Violations
Sec. 17. It is a violation of this chapter for a supplier to:
(1) fail to give the notice required by section 9 of this chapter;
(2) fail or refuse to make a full refund as required by this
chapter; or
(3) knowingly interfere with the consumer's exercise of the
consumer's rights under this chapter. As added by P.L.251-1987, SEC.2.
IC 24-5-10-18 Penalties
Sec. 18. A supplier who violates this chapter:
(1) commits a Class C infraction and is required to make a full
refund as provided by section 12 of this chapter; and
(2) commits a deceptive act that is actionable by the attorney
general or by a consumer under IC 24-5-0.5-4 and is subject to
the remedies and penalties under IC 24-5-0.5. As added by P.L.251-1987, SEC.2.
IC 24-5-10-1 "Business day" defined
Sec. 1. As used in this chapter, "business day" means a day other
than Sunday or a legal holiday. As added by P.L.251-1987, SEC.2.
IC 24-5-10-2 "Consumer" defined
Sec. 2. As used in this chapter, "consumer" means an individual
who is the ultimate user of the subject of a consumer transaction. As added by P.L.251-1987, SEC.2.
IC 24-5-10-3 "Consumer transaction" defined
Sec. 3. As used in this chapter, "consumer transaction" means a
sale, lease, assignment, award by chance, or other disposition of an
item of personal property, real property, a service, or an intangible
to an individual for purposes that are primarily personal, family, or
household, or a solicitation to supply any of these things, with or
without an extension of credit. The term does not include securities
and policies or contracts of insurance issued by corporations
authorized to transact an insurance business under the laws of
Indiana. As added by P.L.251-1987, SEC.2.
IC 24-5-10-4 "Home consumer transaction" defined
Sec. 4. As used in this chapter, "home consumer transaction"
means a consumer transaction that the consumer did not solicit that
results from the direct contact by a supplier at a place other than the
supplier's permanent place of business. For purposes of this chapter,
direct contact by the supplier does not include:
(1) contact conducted and consummated entirely by mail or
telephone;
(2) contact between the buyer and seller or its representatives
before delivery of the goods or performance of the services in
the case of a supplier regulated under IC 23-7-8; or
(3) advertising to the general public. As added by P.L.251-1987, SEC.2.
IC 24-5-10-5 "Person" defined
Sec. 5. As used in this chapter, "person" means an individual, a
corporation, the state or its subdivisions or agencies, a business trust,
an estate, a trust, a partnership, an association, a cooperative, or any
other legal entity. As added by P.L.251-1987, SEC.2. IC 24-5-10-6 "Supplier" defined
Sec. 6. As used in this chapter, "supplier" means a seller, lessor,
assignor, or other person who engages in or solicits consumer
transactions, including a manufacturer, wholesaler, or retailer,
whether or not the supplier deals directly with the consumer. As added by P.L.251-1987, SEC.2.
IC 24-5-10-7 "Subject of a consumer transaction" defined
Sec. 7. As used in this chapter, "subject of a consumer
transaction" means the personal property, real property, services, or
intangibles furnished in a consumer transaction, whether the
transaction is governed by a single contract or multiple contracts. As added by P.L.251-1987, SEC.2.
IC 24-5-10-8 Cancellation of transaction; notice to supplier
Sec. 8. (a) A consumer may cancel a home consumer transaction
if:
(1) the subject of the consumer transaction has a cash sales
price of at least twenty-five dollars ($25); and
(2) the consumer gives the supplier a written notice that meets
the requirements of 16 C.F.R. 429.1(a) and (b).
(b) The notice given under subsection (a)(2) must meet the
following requirements:
(1) It must be given before midnight of the third business day
after the later of the date:
(A) the supplier furnishes the consumer with the notice
required by section 9 of this chapter; or
(B) the consumer and the supplier finally agree to the
contract for the subject of the consumer transaction.
(2) It must express in any form the consumer's intention to
cancel the consumer transaction.
(3) It must be delivered in person or sent by mail or other device
to the address given in the supplier's notice required by section
9 of this chapter or to the address of the supplier last known to
the consumer if such notice was not given. As added by P.L.251-1987, SEC.2.
IC 24-5-10-9 Cancellation rights; notice to consumer
Sec. 9. (a) The supplier in a home consumer transaction subject
to section 8 of this chapter shall deliver to the consumer two (2)
copies of a written notice of the consumer's right to cancel the
transaction.
(b) The notice shall be on a separate document in at least ten (10)
point boldface type and contain the following information:
(1) The address to which the consumer's notice of cancellation
may be delivered or sent.
(2) A statement that the transaction may be cancelled before
midnight of the third business day after the consumer and the
supplier finally agree to the transaction.
(3) A statement of the explanation of the steps the consumer
must take to cancel the home consumer transaction.
(4) A statement of the steps the consumer and supplier must
take after cancellation of the home consumer transaction.
(5) The date by which the consumer must exercise the right to
cancel the transaction. As added by P.L.251-1987, SEC.2.
IC 24-5-10-10 Supplier's address change as defense
Sec. 10. A change of the supplier's address is not a defense unless
the consumer receives written notice of the change by delivery in
person or by certified or registered mail within the time the consumer
may exercise the consumer's right to cancel under this chapter. As added by P.L.251-1987, SEC.2.
IC 24-5-10-11 Final agreement
Sec. 11. Final agreement to a contract does not occur until the
consumer and the supplier unequivocally agree to the contract and
the supplier obtains any required approvals by another supplier or
person. As added by P.L.251-1987, SEC.2.
IC 24-5-10-12 Return of consideration upon cancellation; emergency home
improvements completed; quantum meruit
Sec. 12. If the consumer exercises the right to cancel under this
chapter, the supplier shall, within ten (10) business days after the
notice of cancellation is delivered, return to the consumer any
payment or other consideration transferred to the supplier by the
consumer. However, if the transaction constitutes a home
improvement contract under IC 24-5-11 and if the home
improvement has been made on an emergency basis within three (3)
days after final agreement to the contract, the supplier is entitled to
recover from the consumer the fair market value of the material and
labor involved to alleviate the emergency. As added by P.L.251-1987, SEC.2.
IC 24-5-10-13 Repossession by supplier; conditions
Sec. 13. (a) If the consumer exercises the right to cancel under
this chapter and has possession of the subject of the consumer
transaction, the supplier may retake possession only:
(1) if the supplier has complied with section 12 of this chapter;
(2) if no more than ten (10) days have passed after compliance
with section 12 of this chapter; and
(3) to the extent its return is feasible and can be done without
causing damage to any other property of the consumer.
(b) If the supplier fails to take possession of the property within
twenty (20) days after receipt of the notice of cancellation, the
supplier's right to possession is forfeited. As added by P.L.251-1987, SEC.2.
IC 24-5-10-14 Mitigation of damages
Sec. 14. The supplier is not entitled to mitigation of damages if a
consumer properly exercises the consumer's right to cancel under this
chapter. As added by P.L.251-1987, SEC.2.
IC 24-5-10-15 Supplier provided remedies
Sec. 15. This chapter does not restrict the supplier from offering
or providing additional or broader reasons for cancellation. As added by P.L.251-1987, SEC.2.
IC 24-5-10-16 Other remedies
Sec. 16. The consumer's right to cancel a home consumer
transaction under this chapter is in addition to any other remedy
available to the consumer. This right cannot be waived. As added by P.L.251-1987, SEC.2.
IC 24-5-10-17 Violations
Sec. 17. It is a violation of this chapter for a supplier to:
(1) fail to give the notice required by section 9 of this chapter;
(2) fail or refuse to make a full refund as required by this
chapter; or
(3) knowingly interfere with the consumer's exercise of the
consumer's rights under this chapter. As added by P.L.251-1987, SEC.2.
IC 24-5-10-18 Penalties
Sec. 18. A supplier who violates this chapter:
(1) commits a Class C infraction and is required to make a full
refund as provided by section 12 of this chapter; and
(2) commits a deceptive act that is actionable by the attorney
general or by a consumer under IC 24-5-0.5-4 and is subject to
the remedies and penalties under IC 24-5-0.5. As added by P.L.251-1987, SEC.2.
IC 24-5-10-1 "Business day" defined
Sec. 1. As used in this chapter, "business day" means a day other
than Sunday or a legal holiday. As added by P.L.251-1987, SEC.2.
IC 24-5-10-2 "Consumer" defined
Sec. 2. As used in this chapter, "consumer" means an individual
who is the ultimate user of the subject of a consumer transaction. As added by P.L.251-1987, SEC.2.
IC 24-5-10-3 "Consumer transaction" defined
Sec. 3. As used in this chapter, "consumer transaction" means a
sale, lease, assignment, award by chance, or other disposition of an
item of personal property, real property, a service, or an intangible
to an individual for purposes that are primarily personal, family, or
household, or a solicitation to supply any of these things, with or
without an extension of credit. The term does not include securities
and policies or contracts of insurance issued by corporations
authorized to transact an insurance business under the laws of
Indiana. As added by P.L.251-1987, SEC.2.
IC 24-5-10-4 "Home consumer transaction" defined
Sec. 4. As used in this chapter, "home consumer transaction"
means a consumer transaction that the consumer did not solicit that
results from the direct contact by a supplier at a place other than the
supplier's permanent place of business. For purposes of this chapter,
direct contact by the supplier does not include:
(1) contact conducted and consummated entirely by mail or
telephone;
(2) contact between the buyer and seller or its representatives
before delivery of the goods or performance of the services in
the case of a supplier regulated under IC 23-7-8; or
(3) advertising to the general public. As added by P.L.251-1987, SEC.2.
IC 24-5-10-5 "Person" defined
Sec. 5. As used in this chapter, "person" means an individual, a
corporation, the state or its subdivisions or agencies, a business trust,
an estate, a trust, a partnership, an association, a cooperative, or any
other legal entity. As added by P.L.251-1987, SEC.2. IC 24-5-10-6 "Supplier" defined
Sec. 6. As used in this chapter, "supplier" means a seller, lessor,
assignor, or other person who engages in or solicits consumer
transactions, including a manufacturer, wholesaler, or retailer,
whether or not the supplier deals directly with the consumer. As added by P.L.251-1987, SEC.2.
IC 24-5-10-7 "Subject of a consumer transaction" defined
Sec. 7. As used in this chapter, "subject of a consumer
transaction" means the personal property, real property, services, or
intangibles furnished in a consumer transaction, whether the
transaction is governed by a single contract or multiple contracts. As added by P.L.251-1987, SEC.2.
IC 24-5-10-8 Cancellation of transaction; notice to supplier
Sec. 8. (a) A consumer may cancel a home consumer transaction
if:
(1) the subject of the consumer transaction has a cash sales
price of at least twenty-five dollars ($25); and
(2) the consumer gives the supplier a written notice that meets
the requirements of 16 C.F.R. 429.1(a) and (b).
(b) The notice given under subsection (a)(2) must meet the
following requirements:
(1) It must be given before midnight of the third business day
after the later of the date:
(A) the supplier furnishes the consumer with the notice
required by section 9 of this chapter; or
(B) the consumer and the supplier finally agree to the
contract for the subject of the consumer transaction.
(2) It must express in any form the consumer's intention to
cancel the consumer transaction.
(3) It must be delivered in person or sent by mail or other device
to the address given in the supplier's notice required by section
9 of this chapter or to the address of the supplier last known to
the consumer if such notice was not given. As added by P.L.251-1987, SEC.2.
IC 24-5-10-9 Cancellation rights; notice to consumer
Sec. 9. (a) The supplier in a home consumer transaction subject
to section 8 of this chapter shall deliver to the consumer two (2)
copies of a written notice of the consumer's right to cancel the
transaction.
(b) The notice shall be on a separate document in at least ten (10)
point boldface type and contain the following information:
(1) The address to which the consumer's notice of cancellation
may be delivered or sent.
(2) A statement that the transaction may be cancelled before
midnight of the third business day after the consumer and the
supplier finally agree to the transaction.
(3) A statement of the explanation of the steps the consumer
must take to cancel the home consumer transaction.
(4) A statement of the steps the consumer and supplier must
take after cancellation of the home consumer transaction.
(5) The date by which the consumer must exercise the right to
cancel the transaction. As added by P.L.251-1987, SEC.2.
IC 24-5-10-10 Supplier's address change as defense
Sec. 10. A change of the supplier's address is not a defense unless
the consumer receives written notice of the change by delivery in
person or by certified or registered mail within the time the consumer
may exercise the consumer's right to cancel under this chapter. As added by P.L.251-1987, SEC.2.
IC 24-5-10-11 Final agreement
Sec. 11. Final agreement to a contract does not occur until the
consumer and the supplier unequivocally agree to the contract and
the supplier obtains any required approvals by another supplier or
person. As added by P.L.251-1987, SEC.2.
IC 24-5-10-12 Return of consideration upon cancellation; emergency home
improvements completed; quantum meruit
Sec. 12. If the consumer exercises the right to cancel under this
chapter, the supplier shall, within ten (10) business days after the
notice of cancellation is delivered, return to the consumer any
payment or other consideration transferred to the supplier by the
consumer. However, if the transaction constitutes a home
improvement contract under IC 24-5-11 and if the home
improvement has been made on an emergency basis within three (3)
days after final agreement to the contract, the supplier is entitled to
recover from the consumer the fair market value of the material and
labor involved to alleviate the emergency. As added by P.L.251-1987, SEC.2.
IC 24-5-10-13 Repossession by supplier; conditions
Sec. 13. (a) If the consumer exercises the right to cancel under
this chapter and has possession of the subject of the consumer
transaction, the supplier may retake possession only:
(1) if the supplier has complied with section 12 of this chapter;
(2) if no more than ten (10) days have passed after compliance
with section 12 of this chapter; and
(3) to the extent its return is feasible and can be done without
causing damage to any other property of the consumer.
(b) If the supplier fails to take possession of the property within
twenty (20) days after receipt of the notice of cancellation, the
supplier's right to possession is forfeited. As added by P.L.251-1987, SEC.2.
IC 24-5-10-14 Mitigation of damages
Sec. 14. The supplier is not entitled to mitigation of damages if a
consumer properly exercises the consumer's right to cancel under this
chapter. As added by P.L.251-1987, SEC.2.
IC 24-5-10-15 Supplier provided remedies
Sec. 15. This chapter does not restrict the supplier from offering
or providing additional or broader reasons for cancellation. As added by P.L.251-1987, SEC.2.
IC 24-5-10-16 Other remedies
Sec. 16. The consumer's right to cancel a home consumer
transaction under this chapter is in addition to any other remedy
available to the consumer. This right cannot be waived. As added by P.L.251-1987, SEC.2.
IC 24-5-10-17 Violations
Sec. 17. It is a violation of this chapter for a supplier to:
(1) fail to give the notice required by section 9 of this chapter;
(2) fail or refuse to make a full refund as required by this
chapter; or
(3) knowingly interfere with the consumer's exercise of the
consumer's rights under this chapter. As added by P.L.251-1987, SEC.2.
IC 24-5-10-18 Penalties
Sec. 18. A supplier who violates this chapter:
(1) commits a Class C infraction and is required to make a full
refund as provided by section 12 of this chapter; and
(2) commits a deceptive act that is actionable by the attorney
general or by a consumer under IC 24-5-0.5-4 and is subject to
the remedies and penalties under IC 24-5-0.5. As added by P.L.251-1987, SEC.2.
