IC 4-6-9-1 Creation
Sec. 1. (Division) There is created in the office of the Attorney
General a division of consumer protection, hereinafter referred to as
the "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 a
director of the division at a salary to be approved by the State Budget
Agency. (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 such
staff assistance to the division as is necessary to promptly discharge
its duties, and the division may participate in student work-study
programs. (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 complaint
made by a nonmerchant arising from a transaction between a
merchant as defined in the Uniform Commercial Code and a
nonmerchant concerning sales, leases, assignments, awards by
chance, or other dispositions of goods, services, or repairs, and
intangibles to a person for purposes that are primarily personal,
familial, household, charitable, or agricultural, or a solicitation
to supply any of the above things. When a consumer trades in
or sells a motor vehicle to another consumer or nonconsumer,
he shall be deemed to be a nonconsumer and shall be subject to
the provisions of this chapter. The division shall have no
jurisdiction over matters concerning utilities subject to
regulation by the utility regulatory commission or by an agency
of 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 to
ascertain from the consumer whether the consumer consents to
public 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 the
complaint by written communication and request a written
reply.
(4) Upon receipt of reply, the duty to act as mediator between
the parties and attempt to resolve all complaints in a
conciliatory manner. The director of the division and the
attorney general have discretion whether to mediate complaints
involving a de minimis amount of money.
(5) If no reply is received or if the parties are unable to resolve
their differences, and no violation of federal or state statute or
rule is indicated, the duty to provide the complainant with a
copy of all correspondence relating to the matter.
(6) Whenever a violation of a state or federal law or
administrative rule is indicated, the duty to forward to the
appropriate state or federal agency a copy of the
correspondence and request that the agency further investigate
the complaint and report to the division upon the disposition of
the complaint.
(7) The power to initiate and prosecute civil actions on behalf
of the state whenever an agency to which a complaint has been
forwarded fails to act upon the complaint within ten (10)
working days after its referral, or whenever no state agency has
jurisdiction over the subject matter of the complaint.
(b) All complaints and correspondence in the possession of the
division under this chapter are confidential unless disclosure of a
complaint or correspondence is:
(1) requested by the person who filed the complaint;
(2) consented to, in whole or in part, after August 31, 1984, by
the person who filed the complaint;
(3) in furtherance of an investigation by a law enforcement
agency; or
(4) necessary for the filing of an action by the attorney general
under IC 24-5-0.5.
(c) Notwithstanding subsection (b), the division may publicly
disclose information relating to the status of complaints under
subsection (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7).
(d) Except for a residential telephone number published in the
most recent quarterly telephone sales solicitation listing by the
division under IC 24-4.7-3 and except as provided in subsection (e),
all consumer information provided for the purposes of registering for
or maintaining the no telephone sales solicitation listing is
confidential.
(e) The name, address, and telephone number of a registrant of the
most recent quarterly no telephone sales solicitation listing may be
released for journalistic purposes if the registrant consents to the
release 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 to
the legislative council for transmittal to the general assembly. The
recommendations 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 shall
initiate and maintain an educational program to inform consumers of
deceptive sales practices and shall be designated by the Governor as
the state agency for the receipt and administration of federal funds
for 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; prevention
and mitigation
Sec. 7.5. The division may initiate and maintain an educational
program 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 to
prevent 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 relating
to statutes enforced by the division.
(b) A member of the division's staff who actively participates in
the adoption of a rule under this section may not conduct the review
of that rule required by IC 4-22-2-32. As added by P.L.24-1989, SEC.1.
IC 4-6-9-1 Creation
Sec. 1. (Division) There is created in the office of the Attorney
General a division of consumer protection, hereinafter referred to as
the "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 a
director of the division at a salary to be approved by the State Budget
Agency. (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 such
staff assistance to the division as is necessary to promptly discharge
its duties, and the division may participate in student work-study
programs. (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 complaint
made by a nonmerchant arising from a transaction between a
merchant as defined in the Uniform Commercial Code and a
nonmerchant concerning sales, leases, assignments, awards by
chance, or other dispositions of goods, services, or repairs, and
intangibles to a person for purposes that are primarily personal,
familial, household, charitable, or agricultural, or a solicitation
to supply any of the above things. When a consumer trades in
or sells a motor vehicle to another consumer or nonconsumer,
he shall be deemed to be a nonconsumer and shall be subject to
the provisions of this chapter. The division shall have no
jurisdiction over matters concerning utilities subject to
regulation by the utility regulatory commission or by an agency
of 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 to
ascertain from the consumer whether the consumer consents to
public 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 the
complaint by written communication and request a written
reply.
(4) Upon receipt of reply, the duty to act as mediator between
the parties and attempt to resolve all complaints in a
conciliatory manner. The director of the division and the
attorney general have discretion whether to mediate complaints
involving a de minimis amount of money.
(5) If no reply is received or if the parties are unable to resolve
their differences, and no violation of federal or state statute or
rule is indicated, the duty to provide the complainant with a
copy of all correspondence relating to the matter.
(6) Whenever a violation of a state or federal law or
administrative rule is indicated, the duty to forward to the
appropriate state or federal agency a copy of the
correspondence and request that the agency further investigate
the complaint and report to the division upon the disposition of
the complaint.
(7) The power to initiate and prosecute civil actions on behalf
of the state whenever an agency to which a complaint has been
forwarded fails to act upon the complaint within ten (10)
working days after its referral, or whenever no state agency has
jurisdiction over the subject matter of the complaint.
(b) All complaints and correspondence in the possession of the
division under this chapter are confidential unless disclosure of a
complaint or correspondence is:
(1) requested by the person who filed the complaint;
(2) consented to, in whole or in part, after August 31, 1984, by
the person who filed the complaint;
(3) in furtherance of an investigation by a law enforcement
agency; or
(4) necessary for the filing of an action by the attorney general
under IC 24-5-0.5.
(c) Notwithstanding subsection (b), the division may publicly
disclose information relating to the status of complaints under
subsection (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7).
(d) Except for a residential telephone number published in the
most recent quarterly telephone sales solicitation listing by the
division under IC 24-4.7-3 and except as provided in subsection (e),
all consumer information provided for the purposes of registering for
or maintaining the no telephone sales solicitation listing is
confidential.
(e) The name, address, and telephone number of a registrant of the
most recent quarterly no telephone sales solicitation listing may be
released for journalistic purposes if the registrant consents to the
release 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 to
the legislative council for transmittal to the general assembly. The
recommendations 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 shall
initiate and maintain an educational program to inform consumers of
deceptive sales practices and shall be designated by the Governor as
the state agency for the receipt and administration of federal funds
for 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; prevention
and mitigation
Sec. 7.5. The division may initiate and maintain an educational
program 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 to
prevent 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 relating
to statutes enforced by the division.
(b) A member of the division's staff who actively participates in
the adoption of a rule under this section may not conduct the review
of that rule required by IC 4-22-2-32. As added by P.L.24-1989, SEC.1.
IC 4-6-9-1 Creation
Sec. 1. (Division) There is created in the office of the Attorney
General a division of consumer protection, hereinafter referred to as
the "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 a
director of the division at a salary to be approved by the State Budget
Agency. (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 such
staff assistance to the division as is necessary to promptly discharge
its duties, and the division may participate in student work-study
programs. (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 complaint
made by a nonmerchant arising from a transaction between a
merchant as defined in the Uniform Commercial Code and a
nonmerchant concerning sales, leases, assignments, awards by
chance, or other dispositions of goods, services, or repairs, and
intangibles to a person for purposes that are primarily personal,
familial, household, charitable, or agricultural, or a solicitation
to supply any of the above things. When a consumer trades in
or sells a motor vehicle to another consumer or nonconsumer,
he shall be deemed to be a nonconsumer and shall be subject to
the provisions of this chapter. The division shall have no
jurisdiction over matters concerning utilities subject to
regulation by the utility regulatory commission or by an agency
of 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 to
ascertain from the consumer whether the consumer consents to
public 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 the
complaint by written communication and request a written
reply.
(4) Upon receipt of reply, the duty to act as mediator between
the parties and attempt to resolve all complaints in a
conciliatory manner. The director of the division and the
attorney general have discretion whether to mediate complaints
involving a de minimis amount of money.
(5) If no reply is received or if the parties are unable to resolve
their differences, and no violation of federal or state statute or
rule is indicated, the duty to provide the complainant with a
copy of all correspondence relating to the matter.
(6) Whenever a violation of a state or federal law or
administrative rule is indicated, the duty to forward to the
appropriate state or federal agency a copy of the
correspondence and request that the agency further investigate
the complaint and report to the division upon the disposition of
the complaint.
(7) The power to initiate and prosecute civil actions on behalf
of the state whenever an agency to which a complaint has been
forwarded fails to act upon the complaint within ten (10)
working days after its referral, or whenever no state agency has
jurisdiction over the subject matter of the complaint.
(b) All complaints and correspondence in the possession of the
division under this chapter are confidential unless disclosure of a
complaint or correspondence is:
(1) requested by the person who filed the complaint;
(2) consented to, in whole or in part, after August 31, 1984, by
the person who filed the complaint;
(3) in furtherance of an investigation by a law enforcement
agency; or
(4) necessary for the filing of an action by the attorney general
under IC 24-5-0.5.
(c) Notwithstanding subsection (b), the division may publicly
disclose information relating to the status of complaints under
subsection (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7).
(d) Except for a residential telephone number published in the
most recent quarterly telephone sales solicitation listing by the
division under IC 24-4.7-3 and except as provided in subsection (e),
all consumer information provided for the purposes of registering for
or maintaining the no telephone sales solicitation listing is
confidential.
(e) The name, address, and telephone number of a registrant of the
most recent quarterly no telephone sales solicitation listing may be
released for journalistic purposes if the registrant consents to the
release 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 to
the legislative council for transmittal to the general assembly. The
recommendations 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 shall
initiate and maintain an educational program to inform consumers of
deceptive sales practices and shall be designated by the Governor as
the state agency for the receipt and administration of federal funds
for 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; prevention
and mitigation
Sec. 7.5. The division may initiate and maintain an educational
program 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 to
prevent 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 relating
to statutes enforced by the division.
(b) A member of the division's staff who actively participates in
the adoption of a rule under this section may not conduct the review
of that rule required by IC 4-22-2-32. As added by P.L.24-1989, SEC.1.
