Sec. 9. A person that receives a solicitation that violates the provisions of this chapter may:

(1) bring an action in the circuit or superior court of the county of the person’s residence for recovery of the person’s actual damages resulting from the violation, including court costs and attorney‘s fees;

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Terms Used In Indiana Code 24-5-19-9

  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • person: has the meaning set forth in Indiana Code 24-5-19-2
(2) petition the circuit or superior court of the person’s county of residence to enjoin the sender of the solicitation from further violation; and

(3) whether or not the recipient of the solicitation is actually deceived, submit the matter to the attorney general for action under IC 24-5-0.5.

As added by P.L.176-1997, SEC.1.