Sec. 8. As used in this chapter, “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:

(1) There is a false representation or implication that a prospect will receive a gift, prize, or the value of a gift or prize.

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Terms Used In Indiana Code 24-5-12-8

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • owner: means a person who owns or controls ten percent (10%) or more of the equity of a seller, or otherwise has a claim to ten percent (10%) or more of the net income of a seller. See Indiana Code 24-5-12-3
  • person: means an individual, an incorporated or unincorporated organization or association, or any other legal entity. See Indiana Code 24-5-12-4
  • prospect: means a person solicited by a seller. See Indiana Code 24-5-12-6
  • 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) There is an offer of a vacation at a reduced price if the vacation involves the prospect attending a presentation in which the prospect is solicited to purchase a time share or camping club membership and if the seller does not own the time share or camping club, does not represent the owner of the time share or camping club, or misrepresents the value of the vacation. Terms in this subdivision have the meaning set forth in IC 32-32.

(3) There is a representation or implication that a prospect who buys office equipment or supplies will, because of some unusual event or imminent price increase, be able to buy these items at prices that are below those that are usually charged or will be charged for the items if the price advantage for the prospect does not exist.

(4) There is a false representation or implication as to the identity of the person making the solicitation.

(5) There is a representation or implication that the items for sale are manufactured or supplied by a person other than the actual manufacturer or supplier.

(6) There is an offer to sell the prospect precious metals, precious stones, coal, or other minerals, or any interest in oil, gas, or mineral fields, wells, or exploration sites, if the seller does not own the items, does not represent the owner, or misrepresents the value of the items.

As added by P.L.253-1987, SEC.1. Amended by P.L.2-2002, SEC.77; P.L.242-2019, SEC.8; P.L.105-2020, SEC.2.

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