2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 4.7. TELEPHONE SOLICITATION OF CONSUMERS CHAPTER 5. CIVIL REMEDIES
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IC 24-4.7-5
Chapter 5. Civil Remedies
IC 24-4.7-5-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to section 1 of this chapter by
P.L.222-2005 apply only to a contract entered into or renewed after
July 1, 2005.
As added by P.L.220-2011, SEC.393.
IC 24-4.7-5-1
Deceptive acts; state contractors
Sec. 1. A telephone solicitor, a supplier, or a caller who fails to
comply with any provision of IC 24-4.7-4 commits a deceptive act
that is actionable by the attorney general under this chapter. In
addition, a contractor who contracts or seeks to contract with the
state:
(1) may be prohibited from contracting with the state; or
(2) may have an existing contract with the state voided;
if the contractor, an affiliate or principal of the contractor, or any
agent acting on behalf of the contractor or an affiliate or principal of
the contractor does not or has not complied with the terms of this
article, even if this article is preempted by federal law.
As added by P.L.189-2001, SEC.1. Amended by P.L.165-2005, SEC.5
and P.L.222-2005, SEC.32; P.L.61-2014, SEC.6.
IC 24-4.7-5-2
Remedies
Sec. 2. In an action under this chapter, the attorney general may
obtain any or all of the following:
(1) An injunction to enjoin future violations of IC 24-4.7-4.
(2) A civil penalty of not more than the following:
(A) Ten thousand dollars ($10,000) for the first violation of
IC 24-4.7-4.
(B) Twenty-five thousand ($25,000) dollars for each
violation after the first violation.
For purposes of this subdivision, each telephone call in
violation of IC 24-4.7-4-1 is considered a separate violation.
(3) All money the defendant obtained through violation of
IC 24-4.7-4.
(4) The attorney general's reasonable costs in:
(A) the investigation of the deceptive act; and
(B) maintaining the action.
(5) Reasonable attorney's fees.
(6) Costs of the action.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-5-3
Indiana Code 2016
Voidable contracts
Sec. 3. In an action under this chapter, the court may void or limit
the application of contracts or clauses resulting from deceptive acts
and order restitution to be paid to an aggrieved consumer.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-5-4
Statute of limitations
Sec. 4. An action brought under this chapter may not be brought
more than two (2) years after the occurrence of the deceptive act.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-5-5
Jurisdiction
Sec. 5. An action under this chapter may be brought in the circuit
or superior court of Marion County.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-5-6
Representation of state
Sec. 6. The attorney general may employ counsel to represent the
state in an action under this chapter.
As added by P.L.189-2001, SEC.1.
Indiana Code 2016
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