Sec. 25. (a) Except as provided in subsection (b), the applicable primary financial regulator with jurisdiction over a financial services provider subject to this chapter is responsible for enforcing the financial services provider’s compliance with this chapter.

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Terms Used In Indiana Code 24-5-27.5-25

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • financial services provider: means any of the following that is involved in facilitating or processing a payment card transaction, as appropriate in the context:

    Indiana Code 24-5-27.5-7

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
  • person: means :

    Indiana Code 24-5-27.5-18

  • Testify: Answer questions in court.
     (b) The attorney general is responsible for enforcing section 20 of this chapter with respect to any person that is not a financial services provider subject to regulation under subsection (a). Upon receiving notice of an alleged violation of section 20 of this chapter, the attorney general shall investigate the alleged violation in accordance with IC 4-6-3-3, subject to the confidentiality provisions set forth in IC 4-6-3-9. However, in any investigation under this subsection, the attorney general may not require any person to:

(1) produce documentary material that includes;

(2) answer under oath and in writing written interrogatories concerning; or

(3) appear and testify under oath concerning;

protected financial information (as defined in section 19 of this chapter). If the attorney determines that a violation of section 20 of this chapter has occurred, the attorney general shall provide written notice to the person found to be in violation. Upon receiving written notice from the attorney general under this subsection, a person has thirty (30) calendar days from the date of receipt to cease the violation. If the person fails to cease the violation within the thirty (30) day period set forth in this subsection, the attorney general may seek, in a court having jurisdiction, injunctive relief, a civil penalty not to exceed ten thousand dollars ($10,000) per violation, costs, expert fees, and reasonable attorney’s fees.

As added by P.L.132-2024, SEC.4.

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