IC 24-5-12-1 "Division" defined
Sec. 1. As used in this chapter, "division" means the consumer
protection division of the office of the attorney general. As added by P.L.253-1987, SEC.1.
IC 24-5-12-2 "Item" defined
Sec. 2. As used in this chapter, "item" means tangible or
intangible property or services. The term includes but is not limited
to coupon books for use with a business other than the seller's
business and certificates of a type that the purchaser must redeem to
obtain the item described in the certificate. As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989,
SEC.23.
IC 24-5-12-3 "Owner" defined
Sec. 3. As used in this chapter, "owner" means a person who owns
or controls ten percent (10%) or more of the equity of a seller, or
otherwise has a claim to ten percent (10%) or more of the net income
of a seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-4 "Person" defined
Sec. 4. As used in this chapter, "person" means an individual, an
incorporated or unincorporated organization or association, or any
other legal entity. As added by P.L.253-1987, SEC.1.
IC 24-5-12-5 "Principal" defined
Sec. 5. As used in this chapter, "principal" means an owner, an
officer, a general partner, a trustee, or other individual with
supervisory functions usually exercised by those persons. As added by P.L.253-1987, SEC.1.
IC 24-5-12-6 "Prospect" defined
Sec. 6. As used in this chapter, "prospect" means a person
solicited by a seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-7 "Salesperson" defined
Sec. 7. As used in this chapter, "salesperson" means a person
employed, authorized, or appointed by a seller, including an
independent contractor, who solicits a sale on behalf of the seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-8 "Seller" defined
Sec. 8. As used in this chapter, "seller" means a person who,
personally, through salespersons, or through the use of an automated
dialing and answering device, makes a solicitation if in the
solicitation any one (1) of the following occurs:
(1) There is a false representation or implication that a prospect
will receive a gift, prize, or the value of a gift or prize.
(2) There is an offer of a vacation at a reduced price if the
vacation involves the prospect attending a presentation in which
the prospect is solicited to purchase a time share or camping
club membership and if the seller does not own the time share
or camping club, does not represent the owner of the time share
or camping club, or misrepresents the value of the vacation.
Terms in this subdivision have the meaning set forth in
IC 32-32.
(3) There is a representation or implication that a prospect who
buys office equipment or supplies will, because of some
unusual event or imminent price increase, be able to buy these
items at prices that are below those that are usually charged or
will be charged for the items if the price advantage for the
prospect does not exist.
(4) There is a false representation or implication as to the
identity of the person making the solicitation.
(5) There is a representation or implication that the items for
sale are manufactured or supplied by a person other than the
actual manufacturer or supplier.
(6) There is an offer to sell the prospect precious metals,
precious stones, coal, or other minerals, or any interest in oil,
gas, or mineral fields, wells, or exploration sites, if the seller
does not own the items, does not represent the owner, or
misrepresents the value of the items. As added by P.L.253-1987, SEC.1. Amended by P.L.2-2002, SEC.77.
IC 24-5-12-9 "Solicitation" defined
Sec. 9. As used in this chapter, "solicitation" means a telephone
conversation or attempted telephone conversation in which the seller
offers, or attempts to offer, an item to another person in exchange for
money or other consideration. As added by P.L.253-1987, SEC.1.
IC 24-5-12-10 Registration of seller; requirement
Sec. 10. (a) Before doing business in Indiana a seller must register
with the division if the seller attempts a solicitation under which the
seller offers an item or items where the total consideration has a
value of more than one hundred dollars ($100) and less than fifty
thousand dollars ($50,000).
(b) A person does business in Indiana if the person solicits:
(1) from a location in Indiana; or
(2) a prospect who is located in Indiana. As added by P.L.253-1987, SEC.1.
IC 24-5-12-11 Registration statement; filing; fee
Sec. 11. To register under this chapter a person must file with the
division a registration statement disclosing the information required
by this chapter and pay a fifty dollar ($50) registration fee. As added by P.L.253-1987, SEC.1.
IC 24-5-12-12 Registration statement; required information
Sec. 12. The registration statement must contain the following
information:
(1) The name of the seller.
(2) Whether the seller is doing business as a corporation, a
partnership, an individual, or other legal entity.
(3) The names under which the seller has done, is doing, or
intends to do business.
(4) The name of any parent or affiliated business that will
engage in business transactions with the prospect or will take
responsibility for statements made by the seller or a salesperson
of the seller.
(5) The names, dates of birth, business addresses, business
telephone numbers, and titles of all the seller's officers,
directors, trustees, general partners, general managers,
principals, executives, and any other person charged with
responsibility for the seller's business activities relating to
telephone sales.
(6) The length of time the seller has:
(A) solicited telephone sales; and
(B) solicited telephone sales for the items to be offered to
the prospect.
(7) A statement of the amount to be paid by the prospect, or
when not known, the approximate amount or range of amount
to be paid.
(8) A complete and detailed description of any service that the
seller proposes to undertake to perform for a prospect who
purchases the item offered.
(9) An unexecuted copy of all contracts that may be offered in
the transaction being solicited.
(10) The complete street address or addresses of all locations,
designating the principal location from which the seller will be
conducting business, and, if the principal location is outside
Indiana, a designation of its principal location within Indiana.
(11) A listing of all telephone numbers to be used by the seller
and the address of each location using these numbers.
(12) A copy of all sales scripts the seller requires salespersons
to use when soliciting a prospect or, if no sales script is required
to be used, a statement to that effect.
(13) The name and address of the seller's agent in Indiana,
authorized to receive service of process in Indiana.
(14) A statement as to whether the seller or any of its officers,
directors, trustees, general partners, managers, principals,
executives, or representatives has been:
(A) held liable in a civil action for an unfair, false,
misleading, or deceptive practice;
(B) convicted of a crime involving fraud, embezzlement,
conversion, or theft during the most recent seven (7) year
period; or
(C) declared bankrupt in any judicial proceeding during the
most recent seven (7) year period.
(15) A statement containing the names of the parties, the name
of the court, the cause or docket number of the lawsuit, the date
the suit was filed, and the date the judgment was entered, if
applicable, for each action under subdivision (14). As added by P.L.253-1987, SEC.1.
IC 24-5-12-13 Registration statement; gifts, prizes, or other items represented or
implied; additional information required
Sec. 13. If the seller represents or implies, or directs a salesperson
to represent or imply, to a prospect that a purchaser will receive one
(1) or more items (whether the items are designated as gifts,
premiums, bonuses, prizes, or otherwise), the registration statement
must also contain the following information:
(1) A list of items offered.
(2) The value of each item described to a prospect and the basis
for the valuation.
(3) The price paid by the seller to its supplier for each of these
items, and the names, business addresses, and business
telephone numbers of the supplier of each item.
(4) The manner in which the seller decides which items a
prospect is to receive, if a purchaser is to receive fewer than all
of the items described by the seller.
(5) The odds a prospect or purchaser has of receiving each
described item, if a purchaser is to receive fewer than all of the
items described by the seller.
(6) All terms and conditions that a prospect must meet in order
to receive the item, if a purchaser is to receive fewer than all of
the items described by the seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-14 Annual update of registration; additional fee
Sec. 14. On August 1 of each year, every person registered under
this chapter shall file an update to the registration. The registrant
shall pay an additional fifty dollars ($50) for filing the annual update. As added by P.L.253-1987, SEC.1.
IC 24-5-12-15 Disclosures required; update of changes; filing
Sec. 15. In addition to the annual update described in section 14
of this chapter, an update shall be filed whenever changes occur that
make the disclosures required under this chapter inaccurate, false, or
misleading. As added by P.L.253-1987, SEC.1.
IC 24-5-12-16 Record of filings; assigned registration number
Sec. 16. The director of the division shall maintain a record of all
filings made under this chapter and shall assign a registration number
to each of them. The director shall advise the seller, in writing, of the
assigned number. All advertisements, pamphlets, brochures, or any
other materials used in the solicitation or completion of telephonic
sales must include the assigned registration number in the following
manner: "C.P.D. Reg. No. T.S. __________.". As added by P.L.253-1987, SEC.1.
IC 24-5-12-17 Reference to compliance with chapter restricted
Sec. 17. A seller may not make any reference to its compliance
with this chapter other than by setting forth the registration number
as provided in section 16 of this chapter. As added by P.L.253-1987, SEC.1.
IC 24-5-12-18 Failure to comply with sections 10 through 16; cancellation of
contract
Sec. 18. If a seller fails to comply with sections 10 through 16 of
this chapter, a purchaser may cancel any contract with the seller by
notifying the seller in any manner. As added by P.L.253-1987, SEC.1.
IC 24-5-12-19 Deceptive statements; failure to deliver item ordered; voiding of
contract; requisites
Sec. 19. If a seller:
(1) uses any untrue, misleading, or deceptive statement in a
solicitation or sale; or
(2) fails to deliver an item ordered within four (4) weeks;
the purchaser may void the contract within ninety (90) days from the
date of the contract by giving written notice to the seller and is
entitled to a return from the seller of all consideration paid to the
seller. Upon receipt by the purchaser of the consideration paid to the
seller, the purchaser shall make available to the seller, at a reasonable
time and place, the items received by the purchaser. As added by P.L.253-1987, SEC.1. Amended by P.L.5-1988,
SEC.131.
IC 24-5-12-20 Damages; costs and attorney's fees
Sec. 20. In addition to any other remedies or penalties under this
chapter, a person who is damaged by a seller's failure to comply with
this chapter or by a seller's breach of contract may bring an action for
recovery of the person's actual damages, including court costs and
attorney's fees. As added by P.L.253-1987, SEC.1.
IC 24-5-12-21 Violations; injunction
Sec. 21. Upon petition by any person that a seller has failed to
comply with this chapter, the circuit or superior court of the county
of residence of the petitioner may enjoin the seller from further
violations. As added by P.L.253-1987, SEC.1.
IC 24-5-12-22 Failure to comply with sections 10 through 16; Class D felony
Sec. 22. A seller who fails to comply with sections 10 through 16
of this chapter commits a Class D felony. As added by P.L.253-1987, SEC.1.
IC 24-5-12-23 Deceptive acts; injunction; venue
Sec. 23. A seller who fails to comply with any provision of:
(1) this chapter; or
(2) IC 24-4.7;
commits a deceptive act that is actionable by the attorney general
under IC 24-5-0.5-4(c) and is subject to the penalties set forth in
IC 24-5-0.5. An action for a violation of IC 24-4.7 may be brought
under IC 24-5-0.5-4(c) or IC 24-4.7-5. An action by the attorney
general for a violation of this chapter or IC 24-4.7 may be brought in
the circuit or superior court of Marion County. As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989,
SEC.24; P.L.165-2005, SEC.8 and P.L.222-2005, SEC.34.
IC 24-5-12-24 Construction of chapter
Sec. 24. This chapter may not be construed to relieve a person
from complying with any other statute or ordinance. As added by P.L.253-1987, SEC.1.
IC 24-5-12-25 Blocking telephone number or identity of solicitor; violations
Sec. 25. (a) If a person makes a solicitation to a prospect that is
outside of the course of dealing (as described in IC 26-1-1-205),
whether personally, through salespersons, or through the use of an
automated dialing and answering device, the person may not
knowingly or intentionally block or attempt to block the display of
the person's:
(1) telephone number; or
(2) identity;
by a caller ID service (as defined by IC 8-1-2.9-1) when attempting
to initiate a telephone conversation for the purpose of making a
solicitation to a prospect.
(b) A person who knowingly or intentionally violates this section
commits a Class B misdemeanor. However, the offense is a Class A
misdemeanor if the person has a previous unrelated conviction under
this subsection. As added by P.L.48-1998, SEC.7.
IC 24-5-12-1 "Division" defined
Sec. 1. As used in this chapter, "division" means the consumer
protection division of the office of the attorney general. As added by P.L.253-1987, SEC.1.
IC 24-5-12-2 "Item" defined
Sec. 2. As used in this chapter, "item" means tangible or
intangible property or services. The term includes but is not limited
to coupon books for use with a business other than the seller's
business and certificates of a type that the purchaser must redeem to
obtain the item described in the certificate. As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989,
SEC.23.
IC 24-5-12-3 "Owner" defined
Sec. 3. As used in this chapter, "owner" means a person who owns
or controls ten percent (10%) or more of the equity of a seller, or
otherwise has a claim to ten percent (10%) or more of the net income
of a seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-4 "Person" defined
Sec. 4. As used in this chapter, "person" means an individual, an
incorporated or unincorporated organization or association, or any
other legal entity. As added by P.L.253-1987, SEC.1.
IC 24-5-12-5 "Principal" defined
Sec. 5. As used in this chapter, "principal" means an owner, an
officer, a general partner, a trustee, or other individual with
supervisory functions usually exercised by those persons. As added by P.L.253-1987, SEC.1.
IC 24-5-12-6 "Prospect" defined
Sec. 6. As used in this chapter, "prospect" means a person
solicited by a seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-7 "Salesperson" defined
Sec. 7. As used in this chapter, "salesperson" means a person
employed, authorized, or appointed by a seller, including an
independent contractor, who solicits a sale on behalf of the seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-8 "Seller" defined
Sec. 8. As used in this chapter, "seller" means a person who,
personally, through salespersons, or through the use of an automated
dialing and answering device, makes a solicitation if in the
solicitation any one (1) of the following occurs:
(1) There is a false representation or implication that a prospect
will receive a gift, prize, or the value of a gift or prize.
(2) There is an offer of a vacation at a reduced price if the
vacation involves the prospect attending a presentation in which
the prospect is solicited to purchase a time share or camping
club membership and if the seller does not own the time share
or camping club, does not represent the owner of the time share
or camping club, or misrepresents the value of the vacation.
Terms in this subdivision have the meaning set forth in
IC 32-32.
(3) There is a representation or implication that a prospect who
buys office equipment or supplies will, because of some
unusual event or imminent price increase, be able to buy these
items at prices that are below those that are usually charged or
will be charged for the items if the price advantage for the
prospect does not exist.
(4) There is a false representation or implication as to the
identity of the person making the solicitation.
(5) There is a representation or implication that the items for
sale are manufactured or supplied by a person other than the
actual manufacturer or supplier.
(6) There is an offer to sell the prospect precious metals,
precious stones, coal, or other minerals, or any interest in oil,
gas, or mineral fields, wells, or exploration sites, if the seller
does not own the items, does not represent the owner, or
misrepresents the value of the items. As added by P.L.253-1987, SEC.1. Amended by P.L.2-2002, SEC.77.
IC 24-5-12-9 "Solicitation" defined
Sec. 9. As used in this chapter, "solicitation" means a telephone
conversation or attempted telephone conversation in which the seller
offers, or attempts to offer, an item to another person in exchange for
money or other consideration. As added by P.L.253-1987, SEC.1.
IC 24-5-12-10 Registration of seller; requirement
Sec. 10. (a) Before doing business in Indiana a seller must register
with the division if the seller attempts a solicitation under which the
seller offers an item or items where the total consideration has a
value of more than one hundred dollars ($100) and less than fifty
thousand dollars ($50,000).
(b) A person does business in Indiana if the person solicits:
(1) from a location in Indiana; or
(2) a prospect who is located in Indiana. As added by P.L.253-1987, SEC.1.
IC 24-5-12-11 Registration statement; filing; fee
Sec. 11. To register under this chapter a person must file with the
division a registration statement disclosing the information required
by this chapter and pay a fifty dollar ($50) registration fee. As added by P.L.253-1987, SEC.1.
IC 24-5-12-12 Registration statement; required information
Sec. 12. The registration statement must contain the following
information:
(1) The name of the seller.
(2) Whether the seller is doing business as a corporation, a
partnership, an individual, or other legal entity.
(3) The names under which the seller has done, is doing, or
intends to do business.
(4) The name of any parent or affiliated business that will
engage in business transactions with the prospect or will take
responsibility for statements made by the seller or a salesperson
of the seller.
(5) The names, dates of birth, business addresses, business
telephone numbers, and titles of all the seller's officers,
directors, trustees, general partners, general managers,
principals, executives, and any other person charged with
responsibility for the seller's business activities relating to
telephone sales.
(6) The length of time the seller has:
(A) solicited telephone sales; and
(B) solicited telephone sales for the items to be offered to
the prospect.
(7) A statement of the amount to be paid by the prospect, or
when not known, the approximate amount or range of amount
to be paid.
(8) A complete and detailed description of any service that the
seller proposes to undertake to perform for a prospect who
purchases the item offered.
(9) An unexecuted copy of all contracts that may be offered in
the transaction being solicited.
(10) The complete street address or addresses of all locations,
designating the principal location from which the seller will be
conducting business, and, if the principal location is outside
Indiana, a designation of its principal location within Indiana.
(11) A listing of all telephone numbers to be used by the seller
and the address of each location using these numbers.
(12) A copy of all sales scripts the seller requires salespersons
to use when soliciting a prospect or, if no sales script is required
to be used, a statement to that effect.
(13) The name and address of the seller's agent in Indiana,
authorized to receive service of process in Indiana.
(14) A statement as to whether the seller or any of its officers,
directors, trustees, general partners, managers, principals,
executives, or representatives has been:
(A) held liable in a civil action for an unfair, false,
misleading, or deceptive practice;
(B) convicted of a crime involving fraud, embezzlement,
conversion, or theft during the most recent seven (7) year
period; or
(C) declared bankrupt in any judicial proceeding during the
most recent seven (7) year period.
(15) A statement containing the names of the parties, the name
of the court, the cause or docket number of the lawsuit, the date
the suit was filed, and the date the judgment was entered, if
applicable, for each action under subdivision (14). As added by P.L.253-1987, SEC.1.
IC 24-5-12-13 Registration statement; gifts, prizes, or other items represented or
implied; additional information required
Sec. 13. If the seller represents or implies, or directs a salesperson
to represent or imply, to a prospect that a purchaser will receive one
(1) or more items (whether the items are designated as gifts,
premiums, bonuses, prizes, or otherwise), the registration statement
must also contain the following information:
(1) A list of items offered.
(2) The value of each item described to a prospect and the basis
for the valuation.
(3) The price paid by the seller to its supplier for each of these
items, and the names, business addresses, and business
telephone numbers of the supplier of each item.
(4) The manner in which the seller decides which items a
prospect is to receive, if a purchaser is to receive fewer than all
of the items described by the seller.
(5) The odds a prospect or purchaser has of receiving each
described item, if a purchaser is to receive fewer than all of the
items described by the seller.
(6) All terms and conditions that a prospect must meet in order
to receive the item, if a purchaser is to receive fewer than all of
the items described by the seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-14 Annual update of registration; additional fee
Sec. 14. On August 1 of each year, every person registered under
this chapter shall file an update to the registration. The registrant
shall pay an additional fifty dollars ($50) for filing the annual update. As added by P.L.253-1987, SEC.1.
IC 24-5-12-15 Disclosures required; update of changes; filing
Sec. 15. In addition to the annual update described in section 14
of this chapter, an update shall be filed whenever changes occur that
make the disclosures required under this chapter inaccurate, false, or
misleading. As added by P.L.253-1987, SEC.1.
IC 24-5-12-16 Record of filings; assigned registration number
Sec. 16. The director of the division shall maintain a record of all
filings made under this chapter and shall assign a registration number
to each of them. The director shall advise the seller, in writing, of the
assigned number. All advertisements, pamphlets, brochures, or any
other materials used in the solicitation or completion of telephonic
sales must include the assigned registration number in the following
manner: "C.P.D. Reg. No. T.S. __________.". As added by P.L.253-1987, SEC.1.
IC 24-5-12-17 Reference to compliance with chapter restricted
Sec. 17. A seller may not make any reference to its compliance
with this chapter other than by setting forth the registration number
as provided in section 16 of this chapter. As added by P.L.253-1987, SEC.1.
IC 24-5-12-18 Failure to comply with sections 10 through 16; cancellation of
contract
Sec. 18. If a seller fails to comply with sections 10 through 16 of
this chapter, a purchaser may cancel any contract with the seller by
notifying the seller in any manner. As added by P.L.253-1987, SEC.1.
IC 24-5-12-19 Deceptive statements; failure to deliver item ordered; voiding of
contract; requisites
Sec. 19. If a seller:
(1) uses any untrue, misleading, or deceptive statement in a
solicitation or sale; or
(2) fails to deliver an item ordered within four (4) weeks;
the purchaser may void the contract within ninety (90) days from the
date of the contract by giving written notice to the seller and is
entitled to a return from the seller of all consideration paid to the
seller. Upon receipt by the purchaser of the consideration paid to the
seller, the purchaser shall make available to the seller, at a reasonable
time and place, the items received by the purchaser. As added by P.L.253-1987, SEC.1. Amended by P.L.5-1988,
SEC.131.
IC 24-5-12-20 Damages; costs and attorney's fees
Sec. 20. In addition to any other remedies or penalties under this
chapter, a person who is damaged by a seller's failure to comply with
this chapter or by a seller's breach of contract may bring an action for
recovery of the person's actual damages, including court costs and
attorney's fees. As added by P.L.253-1987, SEC.1.
IC 24-5-12-21 Violations; injunction
Sec. 21. Upon petition by any person that a seller has failed to
comply with this chapter, the circuit or superior court of the county
of residence of the petitioner may enjoin the seller from further
violations. As added by P.L.253-1987, SEC.1.
IC 24-5-12-22 Failure to comply with sections 10 through 16; Class D felony
Sec. 22. A seller who fails to comply with sections 10 through 16
of this chapter commits a Class D felony. As added by P.L.253-1987, SEC.1.
IC 24-5-12-23 Deceptive acts; injunction; venue
Sec. 23. A seller who fails to comply with any provision of:
(1) this chapter; or
(2) IC 24-4.7;
commits a deceptive act that is actionable by the attorney general
under IC 24-5-0.5-4(c) and is subject to the penalties set forth in
IC 24-5-0.5. An action for a violation of IC 24-4.7 may be brought
under IC 24-5-0.5-4(c) or IC 24-4.7-5. An action by the attorney
general for a violation of this chapter or IC 24-4.7 may be brought in
the circuit or superior court of Marion County. As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989,
SEC.24; P.L.165-2005, SEC.8 and P.L.222-2005, SEC.34.
IC 24-5-12-24 Construction of chapter
Sec. 24. This chapter may not be construed to relieve a person
from complying with any other statute or ordinance. As added by P.L.253-1987, SEC.1.
IC 24-5-12-25 Blocking telephone number or identity of solicitor; violations
Sec. 25. (a) If a person makes a solicitation to a prospect that is
outside of the course of dealing (as described in IC 26-1-1-205),
whether personally, through salespersons, or through the use of an
automated dialing and answering device, the person may not
knowingly or intentionally block or attempt to block the display of
the person's:
(1) telephone number; or
(2) identity;
by a caller ID service (as defined by IC 8-1-2.9-1) when attempting
to initiate a telephone conversation for the purpose of making a
solicitation to a prospect.
(b) A person who knowingly or intentionally violates this section
commits a Class B misdemeanor. However, the offense is a Class A
misdemeanor if the person has a previous unrelated conviction under
this subsection. As added by P.L.48-1998, SEC.7.
IC 24-5-12-1 "Division" defined
Sec. 1. As used in this chapter, "division" means the consumer
protection division of the office of the attorney general. As added by P.L.253-1987, SEC.1.
IC 24-5-12-2 "Item" defined
Sec. 2. As used in this chapter, "item" means tangible or
intangible property or services. The term includes but is not limited
to coupon books for use with a business other than the seller's
business and certificates of a type that the purchaser must redeem to
obtain the item described in the certificate. As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989,
SEC.23.
IC 24-5-12-3 "Owner" defined
Sec. 3. As used in this chapter, "owner" means a person who owns
or controls ten percent (10%) or more of the equity of a seller, or
otherwise has a claim to ten percent (10%) or more of the net income
of a seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-4 "Person" defined
Sec. 4. As used in this chapter, "person" means an individual, an
incorporated or unincorporated organization or association, or any
other legal entity. As added by P.L.253-1987, SEC.1.
IC 24-5-12-5 "Principal" defined
Sec. 5. As used in this chapter, "principal" means an owner, an
officer, a general partner, a trustee, or other individual with
supervisory functions usually exercised by those persons. As added by P.L.253-1987, SEC.1.
IC 24-5-12-6 "Prospect" defined
Sec. 6. As used in this chapter, "prospect" means a person
solicited by a seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-7 "Salesperson" defined
Sec. 7. As used in this chapter, "salesperson" means a person
employed, authorized, or appointed by a seller, including an
independent contractor, who solicits a sale on behalf of the seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-8 "Seller" defined
Sec. 8. As used in this chapter, "seller" means a person who,
personally, through salespersons, or through the use of an automated
dialing and answering device, makes a solicitation if in the
solicitation any one (1) of the following occurs:
(1) There is a false representation or implication that a prospect
will receive a gift, prize, or the value of a gift or prize.
(2) There is an offer of a vacation at a reduced price if the
vacation involves the prospect attending a presentation in which
the prospect is solicited to purchase a time share or camping
club membership and if the seller does not own the time share
or camping club, does not represent the owner of the time share
or camping club, or misrepresents the value of the vacation.
Terms in this subdivision have the meaning set forth in
IC 32-32.
(3) There is a representation or implication that a prospect who
buys office equipment or supplies will, because of some
unusual event or imminent price increase, be able to buy these
items at prices that are below those that are usually charged or
will be charged for the items if the price advantage for the
prospect does not exist.
(4) There is a false representation or implication as to the
identity of the person making the solicitation.
(5) There is a representation or implication that the items for
sale are manufactured or supplied by a person other than the
actual manufacturer or supplier.
(6) There is an offer to sell the prospect precious metals,
precious stones, coal, or other minerals, or any interest in oil,
gas, or mineral fields, wells, or exploration sites, if the seller
does not own the items, does not represent the owner, or
misrepresents the value of the items. As added by P.L.253-1987, SEC.1. Amended by P.L.2-2002, SEC.77.
IC 24-5-12-9 "Solicitation" defined
Sec. 9. As used in this chapter, "solicitation" means a telephone
conversation or attempted telephone conversation in which the seller
offers, or attempts to offer, an item to another person in exchange for
money or other consideration. As added by P.L.253-1987, SEC.1.
IC 24-5-12-10 Registration of seller; requirement
Sec. 10. (a) Before doing business in Indiana a seller must register
with the division if the seller attempts a solicitation under which the
seller offers an item or items where the total consideration has a
value of more than one hundred dollars ($100) and less than fifty
thousand dollars ($50,000).
(b) A person does business in Indiana if the person solicits:
(1) from a location in Indiana; or
(2) a prospect who is located in Indiana. As added by P.L.253-1987, SEC.1.
IC 24-5-12-11 Registration statement; filing; fee
Sec. 11. To register under this chapter a person must file with the
division a registration statement disclosing the information required
by this chapter and pay a fifty dollar ($50) registration fee. As added by P.L.253-1987, SEC.1.
IC 24-5-12-12 Registration statement; required information
Sec. 12. The registration statement must contain the following
information:
(1) The name of the seller.
(2) Whether the seller is doing business as a corporation, a
partnership, an individual, or other legal entity.
(3) The names under which the seller has done, is doing, or
intends to do business.
(4) The name of any parent or affiliated business that will
engage in business transactions with the prospect or will take
responsibility for statements made by the seller or a salesperson
of the seller.
(5) The names, dates of birth, business addresses, business
telephone numbers, and titles of all the seller's officers,
directors, trustees, general partners, general managers,
principals, executives, and any other person charged with
responsibility for the seller's business activities relating to
telephone sales.
(6) The length of time the seller has:
(A) solicited telephone sales; and
(B) solicited telephone sales for the items to be offered to
the prospect.
(7) A statement of the amount to be paid by the prospect, or
when not known, the approximate amount or range of amount
to be paid.
(8) A complete and detailed description of any service that the
seller proposes to undertake to perform for a prospect who
purchases the item offered.
(9) An unexecuted copy of all contracts that may be offered in
the transaction being solicited.
(10) The complete street address or addresses of all locations,
designating the principal location from which the seller will be
conducting business, and, if the principal location is outside
Indiana, a designation of its principal location within Indiana.
(11) A listing of all telephone numbers to be used by the seller
and the address of each location using these numbers.
(12) A copy of all sales scripts the seller requires salespersons
to use when soliciting a prospect or, if no sales script is required
to be used, a statement to that effect.
(13) The name and address of the seller's agent in Indiana,
authorized to receive service of process in Indiana.
(14) A statement as to whether the seller or any of its officers,
directors, trustees, general partners, managers, principals,
executives, or representatives has been:
(A) held liable in a civil action for an unfair, false,
misleading, or deceptive practice;
(B) convicted of a crime involving fraud, embezzlement,
conversion, or theft during the most recent seven (7) year
period; or
(C) declared bankrupt in any judicial proceeding during the
most recent seven (7) year period.
(15) A statement containing the names of the parties, the name
of the court, the cause or docket number of the lawsuit, the date
the suit was filed, and the date the judgment was entered, if
applicable, for each action under subdivision (14). As added by P.L.253-1987, SEC.1.
IC 24-5-12-13 Registration statement; gifts, prizes, or other items represented or
implied; additional information required
Sec. 13. If the seller represents or implies, or directs a salesperson
to represent or imply, to a prospect that a purchaser will receive one
(1) or more items (whether the items are designated as gifts,
premiums, bonuses, prizes, or otherwise), the registration statement
must also contain the following information:
(1) A list of items offered.
(2) The value of each item described to a prospect and the basis
for the valuation.
(3) The price paid by the seller to its supplier for each of these
items, and the names, business addresses, and business
telephone numbers of the supplier of each item.
(4) The manner in which the seller decides which items a
prospect is to receive, if a purchaser is to receive fewer than all
of the items described by the seller.
(5) The odds a prospect or purchaser has of receiving each
described item, if a purchaser is to receive fewer than all of the
items described by the seller.
(6) All terms and conditions that a prospect must meet in order
to receive the item, if a purchaser is to receive fewer than all of
the items described by the seller. As added by P.L.253-1987, SEC.1.
IC 24-5-12-14 Annual update of registration; additional fee
Sec. 14. On August 1 of each year, every person registered under
this chapter shall file an update to the registration. The registrant
shall pay an additional fifty dollars ($50) for filing the annual update. As added by P.L.253-1987, SEC.1.
IC 24-5-12-15 Disclosures required; update of changes; filing
Sec. 15. In addition to the annual update described in section 14
of this chapter, an update shall be filed whenever changes occur that
make the disclosures required under this chapter inaccurate, false, or
misleading. As added by P.L.253-1987, SEC.1.
IC 24-5-12-16 Record of filings; assigned registration number
Sec. 16. The director of the division shall maintain a record of all
filings made under this chapter and shall assign a registration number
to each of them. The director shall advise the seller, in writing, of the
assigned number. All advertisements, pamphlets, brochures, or any
other materials used in the solicitation or completion of telephonic
sales must include the assigned registration number in the following
manner: "C.P.D. Reg. No. T.S. __________.". As added by P.L.253-1987, SEC.1.
IC 24-5-12-17 Reference to compliance with chapter restricted
Sec. 17. A seller may not make any reference to its compliance
with this chapter other than by setting forth the registration number
as provided in section 16 of this chapter. As added by P.L.253-1987, SEC.1.
IC 24-5-12-18 Failure to comply with sections 10 through 16; cancellation of
contract
Sec. 18. If a seller fails to comply with sections 10 through 16 of
this chapter, a purchaser may cancel any contract with the seller by
notifying the seller in any manner. As added by P.L.253-1987, SEC.1.
IC 24-5-12-19 Deceptive statements; failure to deliver item ordered; voiding of
contract; requisites
Sec. 19. If a seller:
(1) uses any untrue, misleading, or deceptive statement in a
solicitation or sale; or
(2) fails to deliver an item ordered within four (4) weeks;
the purchaser may void the contract within ninety (90) days from the
date of the contract by giving written notice to the seller and is
entitled to a return from the seller of all consideration paid to the
seller. Upon receipt by the purchaser of the consideration paid to the
seller, the purchaser shall make available to the seller, at a reasonable
time and place, the items received by the purchaser. As added by P.L.253-1987, SEC.1. Amended by P.L.5-1988,
SEC.131.
IC 24-5-12-20 Damages; costs and attorney's fees
Sec. 20. In addition to any other remedies or penalties under this
chapter, a person who is damaged by a seller's failure to comply with
this chapter or by a seller's breach of contract may bring an action for
recovery of the person's actual damages, including court costs and
attorney's fees. As added by P.L.253-1987, SEC.1.
IC 24-5-12-21 Violations; injunction
Sec. 21. Upon petition by any person that a seller has failed to
comply with this chapter, the circuit or superior court of the county
of residence of the petitioner may enjoin the seller from further
violations. As added by P.L.253-1987, SEC.1.
IC 24-5-12-22 Failure to comply with sections 10 through 16; Class D felony
Sec. 22. A seller who fails to comply with sections 10 through 16
of this chapter commits a Class D felony. As added by P.L.253-1987, SEC.1.
IC 24-5-12-23 Deceptive acts; injunction; venue
Sec. 23. A seller who fails to comply with any provision of:
(1) this chapter; or
(2) IC 24-4.7;
commits a deceptive act that is actionable by the attorney general
under IC 24-5-0.5-4(c) and is subject to the penalties set forth in
IC 24-5-0.5. An action for a violation of IC 24-4.7 may be brought
under IC 24-5-0.5-4(c) or IC 24-4.7-5. An action by the attorney
general for a violation of this chapter or IC 24-4.7 may be brought in
the circuit or superior court of Marion County. As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989,
SEC.24; P.L.165-2005, SEC.8 and P.L.222-2005, SEC.34.
IC 24-5-12-24 Construction of chapter
Sec. 24. This chapter may not be construed to relieve a person
from complying with any other statute or ordinance. As added by P.L.253-1987, SEC.1.
IC 24-5-12-25 Blocking telephone number or identity of solicitor; violations
Sec. 25. (a) If a person makes a solicitation to a prospect that is
outside of the course of dealing (as described in IC 26-1-1-205),
whether personally, through salespersons, or through the use of an
automated dialing and answering device, the person may not
knowingly or intentionally block or attempt to block the display of
the person's:
(1) telephone number; or
(2) identity;
by a caller ID service (as defined by IC 8-1-2.9-1) when attempting
to initiate a telephone conversation for the purpose of making a
solicitation to a prospect.
(b) A person who knowingly or intentionally violates this section
commits a Class B misdemeanor. However, the offense is a Class A
misdemeanor if the person has a previous unrelated conviction under
this subsection. As added by P.L.48-1998, SEC.7.
