Sec. 9. (a) It is a deceptive act for a person to engage in
lead generation that is false, deceptive, or misleading.
(b) Deceptive acts under this chapter may include lead generation that contains the following:
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Terms Used In Indiana Code 24-5-26.5-9
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- legend drug: has the meaning set forth in IC 16-18-2-199. See Indiana Code 24-5-26.5-4
- medical device: refers to an instrument, an apparatus, an implement, a machine, a contrivance, an implant, an in vitro reagent, or another similar or related article, including a component part or accessory:
Indiana Code 24-5-26.5-6
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(A) fail to use or to discontinue the consumers’ medications; or
(B) remove a medical device;
without appropriate medical advice from a person who is independent from the lead generator and any person to whom the consumer would be referred.
(2) Advertisements or other commercial communications that open with sensationalized warnings or alerts that may mislead consumers to believe the consumers are watching a government sanctioned medical alert, health alert, consumer alert, or public service announcement.
(3) Advertisements or other commercial communications that:
(A) misrepresent the risks or benefits associated with a medical device or legend drug that is the subject of the lead generation advertisement or other commercial communication;
(B) leave consumers with the false impression that the risks of the medical device or legend drug exceed the benefits; or
(C) leave consumers with the false impression that the United States Food and Drug Administration has recalled a medical device or legend drug that is the subject of the advertisement or other commercial communication.
(c) A claim misrepresents a fact or is false if the claim is not substantiated by:
(1) competent and reliable scientific or medical evidence; or
(2) a final adjudication on the merits, including appeals.
As added by P.L.176-2021, SEC.1.
