2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 4.7. TELEPHONE SOLICITATION OF CONSUMERS CHAPTER 2. DEFINITIONS
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IC 24-4.7-2
Chapter 2. Definitions
IC 24-4.7-2-1
Applicability of definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-2-1.7
"Caller"
Sec. 1.7. "Caller" has the meaning set forth in IC 24-5-14-2.
As added by P.L.61-2014, SEC.1.
IC 24-4.7-2-2
"Consumer"
Sec. 2. (a) "Consumer" means a residential telephone subscriber
who:
(1) for the telephone service received:
(A) has a place of primary use in Indiana; or
(B) is issued an Indiana telephone number or an Indiana
identification number; and
(2) is an actual or a prospective:
(A) purchaser, lessee, or recipient of consumer goods or
services; or
(B) donor to a charitable organization.
(b) The term includes a user of a prepaid wireless calling service
(as defined in IC 6-2.5-1-22.4) who:
(1) is issued an Indiana telephone number or an Indiana
identification number for the service; or
(2) purchases prepaid wireless calling service in a retail
transaction that is sourced to Indiana (as determined under
IC 6-2.5-12-16).
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011,
SEC.6.
IC 24-4.7-2-3
"Consumer goods or services"
Sec. 3. "Consumer goods or services" means any of the following:
(1) Tangible or intangible personal property or real property
that is normally used for personal, family, or household
purposes.
(2) Property intended to be attached to or installed on real
property without regard to whether it is attached or installed.
(3) Services related to property described in subdivision (1) or
(2).
(4) Credit cards or the extension of credit.
Indiana Code 2016
As added by P.L.189-2001, SEC.1.
IC 24-4.7-2-4
"Division"
Sec. 4. "Division" refers to the consumer protection division of
the office of the attorney general.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-2-5
"Doing business in Indiana"
Sec. 5. "Doing business in Indiana" means:
(1) making; or
(2) causing others to make;
telephone sales calls to consumers located in Indiana whether the
telephone sales calls are made from a location in Indiana or outside
Indiana.
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011,
SEC.7.
IC 24-4.7-2-6
"Fund"
Sec. 6. "Fund" refers to the consumer protection division
telephone solicitation fund established by IC 24-4.7-3-6.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-2-7
"Listing"
Sec. 7. "Listing" refers to the no telephone sales solicitation
listing published by the division under IC 24-4.7-3 that lists the
telephone numbers of consumers who do not wish to receive
telephone sales calls.
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011,
SEC.8.
IC 24-4.7-2-7.5
"Place of primary use"
Sec. 7.5. "Place of primary use", with respect to a telephone
subscriber, means the street address representative of where the
subscriber's use of the telephone service primarily occurs, which
must be:
(1) the residential street address of the subscriber or, in the case
of a subscriber of interconnected VOIP service, the subscriber's
registered location (as defined in 47 CFR 9.3); and
(2) in the case of mobile telecommunications services (as
defined in IC 6-8.1-15-7), within the licensed service area of the
home service provider, as set forth in IC 6-8.1-15-8.
As added by P.L.226-2011, SEC.9.
Indiana Code 2016
IC 24-4.7-2-7.7
"Supplier"
Sec. 7.7. "Supplier" has the
IC 24-5-0.5-2(a)(3).
As added by P.L.61-2014, SEC.2.
meaning
set
forth
in
IC 24-4.7-2-8
"Telephone number"
Sec. 8. "Telephone number" means a residential telephone number
that:
(1) is assigned to a subscriber who has a place of primary use in
Indiana; or
(2) otherwise represents an Indiana telephone number or is
associated with an Indiana identification number.
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011,
SEC.10.
IC 24-4.7-2-9
"Telephone sales call"
Sec. 9. (a) "Telephone sales call" means a telephone call made to
a consumer for any of the following purposes:
(1) Solicitation of a sale of consumer goods or services.
(2) Solicitation of a charitable contribution.
(3) Obtaining information that will or may be used for the direct
solicitation of a sale of consumer goods or services or an
extension of credit for such purposes.
(b) The term includes any of the following:
(1) A call made by use of an automated dialing device.
(2) A call made by use of a recorded message device.
(3) Transmission of:
(A) a text message; or
(B) a graphic message;
using short message service (SMS).
(4) Transmission of:
(A) an image;
(B) a photograph; or
(C) a multimedia message;
using multimedia messaging service (MMS).
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011,
SEC.11.
IC 24-4.7-2-10
"Telephone solicitor"
Sec. 10. "Telephone solicitor" means an individual, a firm, an
organization, a partnership, an association, or a corporation,
including affiliates and subsidiaries, doing business in Indiana.
As added by P.L.189-2001, SEC.1.
Indiana Code 2016
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