2015 Indiana Code TITLE 10. PUBLIC SAFETY ARTICLE 16. INDIANA MILITARY CODE CHAPTER 20. SERVICEMEMBERS CIVIL RELIEF ACT
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IC 10-16-20
Chapter 20. Servicemembers Civil Relief Act
IC 10-16-20-1
Violations; application
Sec. 1. A violation of the federal Servicemembers Civil Relief Act
(50 U.S.C. App. 501 et seq.) is a violation of this chapter. This
chapter is intended to supplement rights and protections provided in
the federal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et
seq.).
As added by P.L.156-2015, SEC.4.
IC 10-16-20-2
Definitions
Sec. 2. The following definitions apply throughout this chapter:
(1) "Military service" means:
(A) in the case of a servicemember who is a member or
reserve member of the Army, Navy, Air Force, Marine
Corps, or Coast Guard, full-time duty in the active military
service of the United States, including:
(i) full-time training duty;
(ii) annual training duty; and
(iii) attendance while at a school designated as a service
school by federal law or by the secretary of the military
department concerned;
(B) in the case of a member or reserve member of the Indiana
National Guard, service under a call to active:
(i) service authorized by the President of the United States
or the Secretary of Defense for a period of more than thirty
(30) days in response to a national emergency declared by
the President of the United States; or
(ii) duty as defined by IC 10-16-7-23(a) for a period of
more than thirty (30) consecutive days;
(C) in the case of a servicemember who is a commissioned
officer of the Public Health Service or the National Oceanic
and Atmospheric Administration, active service; or
(D) any period during which a servicemember is absent from
duty on account of sickness, wounds, leave, or other lawful
cause.
(2) "Servicemember" means an individual engaged in military
service.
As added by P.L.156-2015, SEC.4.
IC 10-16-20-3
Rights and protections of servicemember's dependent
Sec. 3. After giving notice to a plaintiff, as applicable, the
dependent of a servicemember has the same rights and protections
provided to a servicemember under Title II of the federal
Indiana Code 2015
Servicemembers Civil Relief Act (50 U.S.C. App. 521 through 527).
As added by P.L.156-2015, SEC.4.
IC 10-16-20-4
Contract terminations; resubscriptions; refunds
Sec. 4. (a) In addition to the rights and protections regarding
consumer transactions, contracts, and service providers included in
Title III of the federal Servicemembers Civil Relief Act (50 U.S.C.
App. 531 through 538), a servicemember may terminate a contract
described in subsection (b) at any time after the date the
servicemember receives military orders to relocate for a period of
service of at least ninety (90) days to a location that does not support
the contract.
(b) This section applies to a contract to provide any of the
following:
(1) Telecommunication services.
(2) Internet services.
(3) Television services.
(4) Athletic club or gym memberships.
(5) Satellite radio services.
(c) Termination of a contract must be made by delivery of a
written or electronic notice of the termination and a copy of the
servicemember's military orders to the service provider. If a
servicemember terminates a contract, the service provider shall
provide the servicemember with a written or electronic notice of the
servicemember's rights posted on the Indiana National Guard's
Internet web site as required by IC 10-16-6-13.
(d) For any contract terminated under this section, the service
provider under the contract may not impose an early termination
charge.
(e) Any tax or any other obligation or liability of the
servicemember that, in accordance with the terms of the contract, is
due and unpaid at the time of termination of the contract shall be paid
by the servicemember.
(f) If the servicemember resubscribes to the service provided
under a contract described in subsection (b) that was terminated
under this chapter during the ninety (90) day period immediately
following when the servicemember has returned from service, the
service provider may not impose any charges or services fees, other
than the usual and customary charges and fees for the installation or
acquisition of customer equipment imposed on any other subscriber.
(g) Not later than sixty (60) days after the effective date of the
termination of a contract described in subsection (b), the service
provider under the contract shall refund to the servicemember all fees
paid for services that extend past the termination date of the contract.
As added by P.L.156-2015, SEC.4.
IC 10-16-20-5
Civil action to enforce chapter
Indiana Code 2015
Sec. 5. A civil action to enforce this chapter or IC 10-16-7-23 may
be brought in any court with jurisdiction by the attorney general
against any person that knowingly or intentionally violates any
provision of this chapter. The court may:
(1) issue an injunction;
(2) order the person to make a payment of money;
(A) unlawfully received from; or
(B) required to be refunded to;
one (1) or more servicemembers;
(3) order the person to pay to the state the reasonable costs of
the attorney general's investigation and prosecution related to
the action; and
(4) order the person to pay to the state a civil penalty not greater
than five thousand dollars ($5,000) per violation.
However, a court may not proceed if relief from the violation has
already been granted under the federal Servicemembers Civil Relief
Act.
As added by P.L.156-2015, SEC.4.
Indiana Code 2015
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