Indiana Code 24-4.6-6-3. Definitions
(1) “Deception” means:
Terms Used In Indiana Code 24-4.6-6-3
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(B) the use or employment of any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a senior consumer to enter into a contract or agreement.
(2) “Intimidation” means the conduct or communication by a person directed toward a senior consumer informing or implying to the senior consumer that the senior consumer will be deprived of food and nutrition, shelter, prescribed medication, or medical care and treatment if the senior consumer does not comply with the person’s demands.
(3) “Person” means an individual, a corporation, the state of Indiana or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, a nonprofit corporation or organization, a cooperative, or any other legal entity.
(4) “Person in a position of trust and confidence” means a person, in relation to a senior consumer, who:
(A) is a parent, spouse, adult child, or other relative by blood or marriage of the senior consumer;
(B) is a joint tenant or tenant in common with the senior consumer;
(C) has a legal or fiduciary relationship with the senior consumer;
(D) is a financial planning or investment professional; or
(E) is a paid or unpaid caregiver for the senior consumer.
(5) “Senior consumer” means an individual who is at least sixty (60) years of age.
As added by P.L.250-2013, SEC.1.