2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 4.7. TELEPHONE SOLICITATION OF CONSUMERS CHAPTER 3. DUTIES OF THE DIVISION
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IC 24-4.7-3
Chapter 3. Duties of the Division
IC 24-4.7-3-1
Quarterly listing
Sec. 1. (a) A quarterly listing of telephone numbers of Indiana
consumers who request not to be solicited by telephone shall be
established, maintained, and published as provided in this section.
(b) The telephone number of a consumer shall be placed on the
listing if the consumer requests to be added to the listing according
to a procedure approved by the division.
(c) The listing shall be updated upon receipt of a request from a
consumer.
(d) A telephone solicitor may obtain a copy of the listing upon
request of the telephone solicitor as provided in this section.
(e) The division shall establish a fee to be paid by a telephone
solicitor for obtaining a copy of the listing. The fee established under
this subsection may not exceed the amount necessary to cover the
cost of providing the listing to telephone solicitors.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-3-2
Agents
Sec. 2. (a) The division may contract with an agent to perform the
division's duties under section 1 of this chapter if both of the
following conditions are satisfied:
(1) The agent has demonstrated experience in maintaining a
national no sales solicitation calls listing.
(2) The contract requires the vendor to provide the listing in:
(A) a printed hard copy format; and
(B) any other format offered;
at a cost that does not exceed the production cost of the format
offered.
(b) If the division enters into a contract under this section, the
division must retain the ultimate authority for the following:
(1) Approval of the procedures for establishment, maintenance,
and publication of the listing.
(2) Establishing fees required by section 1(e) of this chapter.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-3-3
Investigation
Sec. 3. The division shall investigate complaints received
concerning violations of this article.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-3-4
Division to notify Indiana residents of rights and duties
Indiana Code 2016
Sec. 4. The division shall notify Indiana residents of the rights and
duties created by this article, including the right of any of the
following consumers to place a telephone number on the listing
established and maintained under section 1 of this chapter:
(1) Subscribers of interconnected VOIP service.
(2) Subscribers of mobile telecommunications service (as
defined in IC 6-8.1-15-7).
(3) Users of a prepaid wireless calling service, as described in
IC 24-4.7-2-2(b).
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011,
SEC.12.
IC 24-4.7-3-5
Reports
Sec. 5. (a) The division shall, after June 30 and before October 1
of each year, report to the interim study committee on energy,
utilities, and telecommunications established by IC 2-5-1.3-4 in an
electronic format under IC 5-14-6 on the following:
(1) The total amount of fees deposited in the fund during the
most recent state fiscal year.
(2) The expenses incurred by the division in maintaining and
promoting the listing during the most recent state fiscal year.
(3)The projected budget required by the division to comply with
this article during the current state fiscal year.
(4) Any other expenses incurred by the division in complying
with this article during the most recent state fiscal year.
(5) The total number of subscribers on the listing at the end of
the most recent state fiscal year.
(6) The number of new subscribers added to the listing during
the most recent state fiscal year.
(7) The number of subscribers removed from the listing for any
reason during the most recent state fiscal year.
(b) The interim study committee on energy, utilities, and
telecommunications established by IC 2-5-1.3-4 shall, before
November 1 of each year, issue in an electronic format under
IC 5-14-6 a report and recommendations to the legislative council
concerning the information received under subsection (a).
As added by P.L.189-2001, SEC.1. Amended by P.L.28-2004,
SEC.163; P.L.53-2014, SEC.139.
IC 24-4.7-3-6
Consumer protection division telephone solicitation fund
Sec. 6. (a) The consumer protection division telephone solicitation
fund is established for the purpose of the administration of:
(1) this article;
(2) IC 24-5-0.5-3(b)(19); and
(3) IC 24-5-14.5.
The fund shall be used exclusively for this purpose.
Indiana Code 2016
(b) The division shall administer the fund.
(c) The division shall deposit all revenue received:
(1) under this article;
(2) from civil penalties deposited under IC 24-5-0.5-4(h); and
(3) from civil penalties deposited under IC 24-5-14.5-12;
in the fund.
(d) Money in the fund is continuously appropriated to the division
for the administration of:
(1) this article;
(2) IC 24-5-0.5-3(b)(19); and
(3) IC 24-5-14.5.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. However, if the amount of money in
the fund at the end of a particular state fiscal year exceeds two
hundred thousand dollars ($200,000), the treasurer of state shall
transfer the excess from the fund to the state general fund.
As added by P.L.189-2001, SEC.1. Amended by P.L.85-2006, SEC.1;
P.L.151-2013, SEC.5; P.L.65-2014, SEC.5.
IC 24-4.7-3-7
Adoption of rules
Sec. 7. The division may adopt rules under IC 4-22-2 to
implement this article.
As added by P.L.189-2001, SEC.1.
Indiana Code 2016
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