Sec. 23. (a) A seller who fails to comply with any provision of:

(1) this chapter; or

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Terms Used In Indiana Code 24-5-12-23

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • division: means the consumer protection division of the office of the attorney general. See Indiana Code 24-5-12-1
  • seller: means a person who, personally, through salespersons, or through the use of an automated dialing and answering device, makes a solicitation if in the solicitation any one (1) of the following occurs:

    Indiana Code 24-5-12-8

  • solicitation: means a telephone conversation or attempted telephone conversation that occurs in a telephone call made by a seller to another person in which the seller offers, or attempts to offer, an item to the other person in exchange for money or other consideration. See Indiana Code 24-5-12-9
(2) IC 24-4.7;

commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4(c) and is subject to the penalties set forth in IC 24-5-0.5. An action for a violation of IC 24-4.7 may be brought under IC 24-5-0.5-4(c) or IC 24-4.7-5. An action by the attorney general for a violation of this chapter or IC 24-4.7 may be brought in the circuit or superior court of Marion County.

     (b) A civil penalty recovered by the attorney general under:

(1) IC 24-5-0.5-4(g); or

(2) IC 24-5-0.5-8;

for a violation of this chapter shall be deposited in the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6 to be used for the administration and enforcement of this chapter.

As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989, SEC.24; P.L.165-2005, SEC.8 and P.L.222-2005, SEC.34; P.L.242-2019, SEC.10.