Sec. 10. It is a deceptive act for a person engaged in
lead generation to fail to make the following written and oral disclosures to a
consumer who responds to an advertisement or other
commercial communication subject to this chapter:
(1) Disclosures:
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Terms Used In Indiana Code 24-5-26.5-10
- 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
- commercial communication: means any written or oral statement, illustration, or depiction, whether in English or another language, that is designed to create interest in procuring legal services, whether it appears on or in a label, package, package insert, radio, television, brochure, newspaper, magazine, pamphlet, leaflet, circular, mailer, book insert, free standing insert, letter, catalog, poster, chart, billboard, public transit card, point of purchase display, film slide, audio program transmitted over a telephone system, telemarketing script, on-hold script, upsell script, training materials provided to a telemarketing firm, program length commercial, the Internet, cellular network, or any other medium, as well as promotional materials, items, and Internet web sites. See Indiana Code 24-5-26.5-1
- consumer: refers to an individual who views a commercial communication for personal or familial purposes. See Indiana Code 24-5-26.5-2
- lead generation: refers to the use of commercial communication to initiate consumer interest or inquiry into legal services provided in Indiana or another jurisdiction to redress an alleged injury from a medical device or legend drug. See Indiana Code 24-5-26.5-3
- sponsor: means a person on whose behalf a commercial communication is conducted to promote or advertise legal services. See Indiana Code 24-5-26.5-8
(B) that identify the attorney or law firm that will represent a consumer responding to the advertisement or other commercial communication, if known; and
(C) that identify the sponsor of the advertisement or other commercial communication.
(2) Any other disclosure required under the rules adopted by the attorney general under section 13 of this chapter that the attorney general determines is necessary to permit a consumer to make an informed consent to a referral.
As added by P.L.176-2021, SEC.1.
