Terms Used In Indiana Code > Title 24 > Article 5 - Consumer Sales

• act: refers to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Indiana Code 4-23-29-1
• adjusted or net capitalized cost: means the capitalized cost, less any capitalized cost reduction payments made by a retail lessee at the inception of a lease agreement. See Indiana Code 24-5-16.5-1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• affiliate: means any person who directly or indirectly:

  Indiana Code 24-5-27.5-2

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• ancillary service charge: means any charge that:

  Indiana Code 24-5-27-2

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• assist the transmission: means to provide substantial assistance or support that enables a person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is engaged or intends to engage in a practice that violates this chapter. See Indiana Code 24-5-22-1
• assistive device: means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in Indiana that is used for a major life activity. See Indiana Code 24-5-20-2
• 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
• authorized fee: means a government authorized, but discretionary, fee:

  Indiana Code 24-5-27-3

• automatic dialing-announcing device: means a device that:

  Indiana Code 24-5-14-1

• automatic garage door opening system: means a system of devices and equipment that is not a commercial garage door operator and that when connected to a garage door automatically opens and closes the garage door. See Indiana Code 24-5-18-1
• biodegradable: means that material has the proven capability to decompose in less than one (1) year in the most common environment where the material is usually disposed through natural biological processes into nontoxic carbonaceous soil, water, or carbon dioxide. See Indiana Code 24-5-17-3
• board: refers to the board of directors of the council. See Indiana Code 4-23-29-2
• board: refers to the board for the coordination of programs serving vulnerable individuals created by section 8 of this chapter. See Indiana Code 4-23-30.2-1
• bureau: refers to the bureau of motor vehicles created by IC 9-14-7-1. See Indiana Code 24-5-13.5-2
• Business day: means a day other than Sunday or a legal holiday. See Indiana Code 24-5-7-1
• business day: means a day other than Sunday or a legal holiday. See Indiana Code 24-5-10-1
• business day: means a day other than Sunday or a legal holiday (as defined in IC 1-1-9-1). See Indiana Code 24-5-13-2
• Business opportunity: means an investment that:

  Indiana Code 24-5-8-1

• buyback vehicle: means a motor vehicle that has been replaced or repurchased by a manufacturer or a nonresident manufacturer's agent or an authorized dealer, either under this chapter or IC 24-5-13 by judgment, decree, arbitration award, settlement agreement, or voluntary agreement in Indiana or another state, but does not include a motor vehicle that was repurchased pursuant to a guaranteed repurchase or satisfaction program advertised by the manufacturer and was not alleged or found to have a nonconformity as defined in IC 24-5-13-6. See Indiana Code 24-5-13.5-3
• Buyer: means a purchaser of services under a contract for health spa services. See Indiana Code 24-5-7-1
• buyer: means any person who, for purposes other than resale or sublease, enters into an agreement or contract within Indiana for the transfer, lease, or purchase of a motor vehicle covered under this chapter. See Indiana Code 24-5-13-3
• buyer: means any person who, for purposes of a personal, noncommercial use, enters into an agreement or contract within Indiana for the purchase of a converted motor vehicle covered under this chapter. See Indiana Code 24-5-13.1-1
• buyer: means a person who, for purposes other than resale or sublease, enters into an agreement or a contract within Indiana for the transfer, lease, or purchase of a buyback vehicle. See Indiana Code 24-5-13.5-4
• buyer: means an individual who is solicited to purchase or who purchases the services of a credit services organization. See Indiana Code 24-5-15-1
• buyer: means a person who buys goods from a seller. See Indiana Code 24-5-16-1
• caller: means an individual, corporation, limited liability company, partnership, unincorporated association, or the entity that attempts to contact, or contacts, a subscriber in Indiana by using a telephone or telephone line. See Indiana Code 24-5-14-2
• caller identification information: means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or interconnected VOIP service. See Indiana Code 24-5-14.5-2
• caller identification service: means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or interconnected VOIP service. See Indiana Code 24-5-14.5-3
• capitalized cost: means the amount that, after deducting any capitalized cost reduction, serves as the basis for determining the base lease payment, which is the part of the periodic lease payment that is the sum of:

  Indiana Code 24-5-16.5-2

• capitalized cost reduction: means a payment made by cash, check, credit card, debit card, net vehicle trade-in, rebate, or other similar means in the nature of a down payment or credit, made by a retail lessee at the inception of a lease agreement, for the purpose of reducing the capitalized cost and does not include any periodic payments received by the retail lessor at the inception of the lease agreement. See Indiana Code 24-5-16.5-3
• collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the reasonable costs of obtaining an alternative assistive device. See Indiana Code 24-5-20-3
• collect calling: means an arrangement in which the called party takes affirmative action clearly indicating that the party will pay the charges associated with a call originating from an inmate telephone. See Indiana Code 24-5-27-4
• 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
• commercial electronic mail message: refers to an electronic mail message sent to promote the sale or lease of real property, goods, or services. See Indiana Code 24-5-22-2
• commercial telephone solicitation: means any unsolicited call to a subscriber when:

  Indiana Code 24-5-14-3

• commission: refers to the commission on Hispanic/Latino affairs established by section 2 of this chapter. See Indiana Code 4-23-28-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• compostable: means that material will decompose into a soil-like material in less than one (1) year under controlled biological circumstances. See Indiana Code 24-5-17-4
• consumer: means an individual who is the ultimate user of the subject of a consumer transaction. See Indiana Code 24-5-10-2
• consumer: means a person that owns, leases, or rents the residential real property that is the subject of a real property improvement contract. See Indiana Code 24-5-11-2
• consumer: means any of the following:

  Indiana Code 24-5-20-4

• consumer: means an individual:

  Indiana Code 24-5-24-1

• consumer: means an individual whose principal residence is in Indiana. See Indiana Code 24-5-24.5-1
• consumer: refers to an individual who views a commercial communication for personal or familial purposes. See Indiana Code 24-5-26.5-2
• consumer: means an individual who pays, or is responsible for paying, a provider for intrastate inmate calling services. See Indiana Code 24-5-27-5
• consumer goods: means an article that is used or bought for use primarily for personal, family, or household purposes. See Indiana Code 24-5-17-5
• consumer report: means any written, oral, or other communication of any information that:

  Indiana Code 24-5-24-2

• consumer report: has the meaning set forth in IC 24-5-24-2. See Indiana Code 24-5-24.5-2
• consumer reporting agency: means any person that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a consumer report to another person. See Indiana Code 24-5-24-3
• consumer reporting agency: has the meaning set forth in IC 24-5-24-3. See Indiana Code 24-5-24.5-3
• Consumer transaction: means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible, except securities and policies or contracts of insurance issued by corporations authorized to transact an insurance business under the laws of the state of Indiana, with or without an extension of credit, to a person for purposes that are primarily personal, familial, charitable, agricultural, or household, or a solicitation to supply any of these things. See Indiana Code 24-5-0.5-2
• consumer transaction: means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible to an individual for purposes that are primarily personal, family, or household, or a solicitation to supply any of these things, with or without an extension of credit. See Indiana Code 24-5-10-3
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means a contract for health spa services entered into after August 31, 1983. See Indiana Code 24-5-7-1
• Contract: means any agreement relating to a business opportunity. See Indiana Code 24-5-8-1
• conversion: means the:

  Indiana Code 24-5-13.1-2

• converted motor vehicle: means a new motor vehicle that has a conversion. See Indiana Code 24-5-13.1-3
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• correctional facility: means :

  Indiana Code 24-5-27-6

• council: refers to the governor's council for people with disabilities established by section 7 of this chapter. See Indiana Code 4-23-29-3
• credit card: means any:

  Indiana Code 24-5-27.5-3

• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• credit services organization: means a person that, with respect to the extension of credit by another person, sells, provides, performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration, any of the following services:

  Indiana Code 24-5-15-2

• creditor: means a person:

  Indiana Code 24-5-23.5-3

• creditor: means :

  Indiana Code 24-5-23.6-1

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dealer: has the meaning set forth in Indiana Code 24-5-13-3.1
• dealer: has the meaning set forth in Indiana Code 24-5-13.1-4
• dealer: means a person engaged in the business of buying, selling, leasing, or exchanging motor vehicles. See Indiana Code 24-5-13.5-5
• dealer: means a person who is in the business of selling or dispensing assistive devices. See Indiana Code 24-5-20-5
• debit calling: means a presubscription or comparable service that allows an inmate, or someone acting on an inmate's behalf, to fund an account that:

  Indiana Code 24-5-27-7

• debit card: means any:

  Indiana Code 24-5-27.5-4

• Debt: has the meaning set forth in Indiana Code 24-5-0.5-2
• debt: has the meaning set forth in Indiana Code 24-5-15.5-2
• debt buyer: means a person that is regularly engaged in the business of purchasing debt for collection purposes, regardless of whether the person:

  Indiana Code 24-5-15.5-3

• Debt collector: has the meaning set forth in Indiana Code 24-5-0.5-2
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• demonstrator: means an assistive device used primarily for the purpose of demonstration to the public or loan to a consumer. See Indiana Code 24-5-20-6
• department: refers to the department of financial institutions established by IC 28-11-1-1. See Indiana Code 24-5-23.6-3
• Dependent: A person dependent for support upon another.
• developmental disability: means a severe, chronic disability that:

  Indiana Code 4-23-29-4

• direct loan agreement: means an agreement between a lender and a purchaser by which the lender has advanced funds under a loan secured by the vehicle that the purchaser has purchased. See Indiana Code 24-5-16-2
• director: refers to the director of the board appointed under section 10 of this chapter. See Indiana Code 4-23-30.2-2
• Directory assistance: means the disclosure of telephone number information in connection with an identified telephone service subscriber by means of a live operator or automated service. See Indiana Code 24-5-0.5-2
• disability: means a physical or mental impairment that substantially limits one (1) or more major life activities. See Indiana Code 4-23-29-5
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• disproportionality: refers to a situation in which members of a particular race or ethnic group in the United States are represented at a percentage higher or lower than the percentage of the general public that the particular race or ethnic group comprises. See Indiana Code 4-23-30.2-3
• division: means the consumer protection division of the office of the attorney general. See Indiana Code 24-5-12-1
• Docket: A log containing brief entries of court proceedings.
• dwelling: means a residential structure that is located in Indiana and that contains one (1) to four (4) units, regardless of whether the structure is permanently attached to real property. See Indiana Code 24-5-23.6-4
• electronic mail address: means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered. See Indiana Code 24-5-22-3
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Ex officio: Literally, by virtue of one's office.
• extension of credit: means the right to:

  Indiana Code 24-5-15-3

• exterior improvement: means any alteration, repair, replacement, reconstruction, or other modification made to the exterior of residential real property, including the exterior of any structure on or fixture or improvement to the property. See Indiana Code 24-5-11-2.5
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• financial institution: means any bank, trust company, corporate fiduciary, savings association, credit union, savings bank, bank of discount and deposit, or industrial loan and investment company organized or reorganized under Indiana law, the law of another state (as defined in IC 28-2-17-19), or United States law. See Indiana Code 24-5-27.5-6
• 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

• firearm: includes the following:

  Indiana Code 24-5-27.5-8

• firearms code: means a merchant category code approved by the International Organization for Standardization specifically for firearms retailers. See Indiana Code 24-5-27.5-9
• firearms retailer: means any person that:

  Indiana Code 24-5-27.5-10

• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• five star mortgage lender: means a creditor that:

  Indiana Code 24-5-23.6-5

• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• flat rate calling: means a calling plan under which a provider charges a single fee for an inmate calling services call, regardless of the duration of the call. See Indiana Code 24-5-27-8
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• garage: means a building or a part of a building designed or used for the storage, repair, or keeping of a motor vehicle. See Indiana Code 24-5-18-3
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means any merchandise, equipment, product, supply, or material. See Indiana Code 24-5-8-1
• governmental entity: means any of the following:

  Indiana Code 24-5-27.5-11

• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health spa: means any business entity, other than an entity that is exempt from taxation under Section 501 of the Internal Revenue Code, offering health spa services to the public. See Indiana Code 24-5-7-1
• Health spa services: means instruction, training, or assistance in physical culture, bodybuilding, exercising, reducing, figure development, or any other health spa service, for the use of the facilities of a health spa, figure salon, weight loss clinic, gymnasium, or other facility used for the delivery of health spa services, or for membership in any group, club, association, or organization formed to deliver health spa services. See Indiana Code 24-5-7-1
• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• home consumer transaction: means a consumer transaction that the consumer did not solicit that results from the direct contact by a supplier at a place other than the supplier's permanent place of business. See Indiana Code 24-5-10-4
• identity theft: means :

  Indiana Code 24-5-26-1

• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Incurable deceptive act: means a deceptive act done by a supplier as part of a scheme, artifice, or device with intent to defraud or mislead. See Indiana Code 24-5-0.5-2
• Indiana consumer: means a:

  Indiana Code 24-5-27.5-12

• Initial cash payment: means that portion of the initial payment that the investor is obligated to pay to the seller before or at the time of delivery of goods or services. See Indiana Code 24-5-8-1
• Initial payment: means the total amount an investor is obligated to pay under the terms of the contract before or at the time of delivery of the goods or services to the investor or within six (6) months of the date that the investor commences operation of the business. See Indiana Code 24-5-8-1
• initial resale: means the first time a dealer sells a buyback vehicle to a buyer after it has been repurchased by a manufacturer under this chapter or IC 24-5-13. See Indiana Code 24-5-13.5-5.5
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• inmate: means an individual detained at a correctional facility, regardless of the duration of the detention. See Indiana Code 24-5-27-9
• installer: means any person who is engaged in the business of:

  Indiana Code 24-5-13.1-5

• insurance policy: refers to a:

  Indiana Code 24-5-11-2.6

• insured consumer: refers to a person:

  Indiana Code 24-5-11-2.7

• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• interactive computer service: means an information service, a system, or an access software provider that provides or enables computer access to a computer server by multiple users. See Indiana Code 24-5-22-5
• interconnected VOIP service: has the meaning set forth in Indiana Code 24-5-14.5-4
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• interior improvement: means any alteration, repair, replacement, reconstruction, or other modification made to the interior of real property, including the interior of any structure on or fixture or improvement to the property. See Indiana Code 24-5-11-2.8
• Internet domain name: refers to a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right most string specifying the top of the hierarchy. See Indiana Code 24-5-22-6
• 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.
• Investor: means a person who is solicited to become obligated or does become obligated on a contract. See Indiana Code 24-5-8-1
• item: means tangible or intangible property or services. See Indiana Code 24-5-12-2
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• 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.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• lease: means a contract in the form of a lease or bailment for the use of a motor vehicle by a person for more than four (4) months, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease. See Indiana Code 24-5-13-3.4
• lease agreement: means a written agreement entered into in Indiana for the transfer from a retail lessor to a retail lessee of the right to possess and use a motor vehicle in exchange for consideration for a scheduled term exceeding four (4) months, whether or not the retail lessee has the option to purchase or otherwise become the owner of the motor vehicle upon expiration of the agreement. See Indiana Code 24-5-16.5-4
• lease contract: means a lease contract for or in contemplation of a lease for the use of a vehicle, and the purchase of services incidental to the lease, by an individual for a term exceeding four (4) months primarily for personal, family, household, business, commercial, or agricultural use. See Indiana Code 24-5-16-4
• lease transaction: means a presentation made to a retail lessee concerning a motor vehicle, including a sales presentation or a document presented to the retail lessee, resulting in the execution of a lease agreement. See Indiana Code 24-5-16.5-5
• legend drug: has the meaning set forth in IC 16-18-2-199. See Indiana Code 24-5-26.5-4
• lessor: means a person who:

  Indiana Code 24-5-13-3.7

• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local telephone directory: refers to a telephone classified advertising directory or the business section of a telephone directory that is distributed by a telephone company or directory publisher to subscribers located in the local exchanges contained in the directory. See Indiana Code 24-5-0.5-2
• Local telephone number: refers to a telephone number that has the three (3) number prefix used by the provider of telephone service for telephones physically located within the area covered by the local telephone directory in which the number is listed. See Indiana Code 24-5-0.5-2
• major life activity: includes the following:

  Indiana Code 4-23-29-6

• mandatory tax or fee: means a tax or fee that a provider is required to:

  Indiana Code 24-5-27-14

• manufacturer: means any person who is engaged in the business of manufacturing motor vehicles, or, in the case of motor vehicles not manufactured in the United States, any person who is engaged in the business of importing motor vehicles. See Indiana Code 24-5-13-4
• manufacturer: means :

  Indiana Code 24-5-13.1-6

• manufacturer: has the meaning set forth in IC 24-5-13-4. See Indiana Code 24-5-13.5-6
• manufacturer: means a person that manufactures or assembles assistive devices. See Indiana Code 24-5-20-7
• manufacturer: means either of the following:

  Indiana Code 24-5-26.5-5

• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• 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

• merchant acquirer: means a person that establishes a relationship with a merchant to enable the processing of payment card transactions by collecting funds from the payment card issuer in the transaction and depositing them in the merchant's account. See Indiana Code 24-5-27.5-13
• methamphetamine vehicle: means any motor vehicle subject to registration and certificate of title provisions in which methamphetamine has been manufactured within the previous two (2) years. See Indiana Code 24-5-13-4.1
• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• mortgage: means a sale or loan, or the refinancing or consolidation of a sale or loan, in which a first mortgage deed of (or another equivalent consensual security interest) that constitutes a first lien, is created or retained against land that is located in Indiana and upon which there is a dwelling that is or will be used by the debtor primarily for personal, family, or household purposes. See Indiana Code 24-5-23.6-7
• mortgage lender: means the original lender under a mortgage and the original lender's successors and assigns, including insurance companies, trust companies, banks, investment companies, savings banks, savings associations, credit unions, executors, trustees, and other fiduciaries, or any other mortgagee authorized to do business in this state. See Indiana Code 24-5-23-1
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• mortgage loan: means a loan in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against an interest in real property in Indiana. See Indiana Code 24-5-23.5-4
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• motor vehicle: means any self-propelled vehicle that:

  Indiana Code 24-5-13.1-7

• motor vehicle: has the meaning set forth in IC 24-5-13-5. See Indiana Code 24-5-13.5-7
• nonconformity: means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

  Indiana Code 24-5-13-6

• nonconformity: means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

  Indiana Code 24-5-13.1-8

• nonconformity: has the meaning set forth in IC 24-5-13-6. See Indiana Code 24-5-13.5-8
• nonconformity: means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components. See Indiana Code 24-5-20-8
• Oath: A promise to tell the truth.
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offer: includes every attempt to dispose of a business opportunity or an interest in a business opportunity for value. See Indiana Code 24-5-8-1
• 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
• package: means the coating, covering, container, or wrapping used during a product's life cycle, including any outer container, wrapping, or label used in the retail display of any consumer goods. See Indiana Code 24-5-17-7
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• payment card: means :

  Indiana Code 24-5-27.5-14

• payment card issuer: means a:

  Indiana Code 24-5-27.5-15

• payment card network: means an entity that directly, or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software that:

  Indiana Code 24-5-27.5-16

• payment card transaction: means a transaction in which a consumer uses a payment card to purchase or obtain goods, services, money, or any other thing of value. See Indiana Code 24-5-27.5-17
• per call or per connection charge: means a one (1) time fee charged to a consumer at call initiation. See Indiana Code 24-5-27-15
• performing group: means a vocal or an instrumental group seeking to use the name of another group that has previously released a commercial sound recording under the name of the other group. See Indiana Code 24-5-25-1
• Person: means an individual, corporation, the state of Indiana or its subdivisions or agencies, business trust, estate, trust, partnership, association, nonprofit corporation or organization, or cooperative or any other legal entity. See Indiana Code 24-5-0.5-2
• Person: means a human being, corporation, limited liability company, partnership, unincorporated association, trust, or governmental entity. See Indiana Code 24-5-8-1
• person: means an individual, a corporation, the state or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, a cooperative, or any other legal entity. See Indiana Code 24-5-10-5
• person: means an individual, a corporation, the state or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, or a cooperative or any other legal entity. See Indiana Code 24-5-11-7
• person: means an individual, an incorporated or unincorporated organization or association, or any other legal entity. See Indiana Code 24-5-12-4
• person: means an individual, a corporation, a partnership, a joint venture, or any other entity. See Indiana Code 24-5-15-4
• person: has the meaning set forth in Indiana Code 24-5-15.5-4
• person: means an individual, a company, a firm, an association, a partnership, a trust, a corporation, or other legal entity. See Indiana Code 24-5-16-5
• person: means an individual, a corporation, a partnership, an association, or other legal entity. See Indiana Code 24-5-18-4
• person: has the meaning set forth in Indiana Code 24-5-19-2
• person: has the meaning set forth in Indiana Code 24-5-21-2
• person: means :

  Indiana Code 24-5-27.5-18

• Personal property: All property that is not real property.
• Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
• photodegradable: means that material has the proven capability to decompose within one (1) year into nontoxic carbonaceous soil, water, or carbon dioxide in the most common environment where the material is usually disposed through physical processes such as exposure to heat and light. See Indiana Code 24-5-17-8
• place of primary use: means the street address representative of where a subscriber's use of a telecommunications service or interconnected VOIP service primarily occurs, which must be:

  Indiana Code 24-5-14.5-5

• Plaintiff: The person who files the complaint in a civil lawsuit.
• Population: has the meaning set forth in Indiana Code 1-1-4-5
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• prepaid calling: means a presubscription or comparable service in which:

  Indiana Code 24-5-27-16

• prepaid collect calling: means a calling arrangement that:

  Indiana Code 24-5-27-17

• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• principal: means an owner, an officer, a general partner, a trustee, or other individual with supervisory functions usually exercised by those persons. See Indiana Code 24-5-12-5
• Probate: Proving a will
• program: refers to the five star mortgage program established by section 9 of this chapter. See Indiana Code 24-5-23.6-8
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• prospect: means a person solicited by a seller. See Indiana Code 24-5-12-6
• protected consumer: means an individual who is:

  Indiana Code 24-5-24.5-4

• protected financial information: means any record of a:

  Indiana Code 24-5-27.5-19

• provider: means a person that offers telecommunications service or interconnected VOIP service. See Indiana Code 24-5-14.5-6
• provider: means any communications service provider that provides inmate calling services, regardless of the technology used to provide the services. See Indiana Code 24-5-27-18
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• purchaser: has the meaning set forth in IC 26-1-1-201(33). See Indiana Code 24-5-16-6
• real estate appraiser: means a person who prepares the appraisal for a real estate transaction in Indiana, regardless of whether the person is licensed or certified, or required to be licensed or certified, under the real estate appraiser licensure and certification program established under Indiana Code 24-5-23.5-5
• real estate transaction: means a transaction that involves one (1) or both of the following:

  Indiana Code 24-5-23.5-6

• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• real property improvement: means any alteration, repair, replacement, reconstruction, or other modification of residential real property. See Indiana Code 24-5-11-3
• real property improvement contract: means an agreement, oral or written, between a real property improvement supplier and a consumer to make a real property improvement and for which the real property improvement contract price exceeds one hundred fifty dollars ($150). See Indiana Code 24-5-11-4
• real property improvement contract price: means the amount actually charged for the services, materials, and work to be performed under the real property improvement contract but does not include financing costs, loan consolidation amounts, taxes, and governmental fees paid by or on behalf of the consumer, amounts returned to or on behalf of the consumer, or similar costs not related to the real property improvement. See Indiana Code 24-5-11-5
• real property improvement supplier: means a person who engages in or solicits real property improvement contracts whether or not the person deals directly with the consumer. See Indiana Code 24-5-11-6
• record: means a compilation of information that:

  Indiana Code 24-5-24.5-5

• recording group: means a vocal or an instrumental group, at least one (1) of whose members has released a commercial sound recording under the group's name, and in which the member or members:

  Indiana Code 24-5-25-2

• recyclable: means that a material or product can be redeemed or returned at an identifiable recycling location for the purpose of returning the material to the economic mainstream in the form of raw material for new, reused, or reconstituted materials which meet quality standards necessary to be used in the marketplace. See Indiana Code 24-5-17-9
• recycled: means that an article contains at least ten percent (10%) by weight of postconsumer or post manufacture material. See Indiana Code 24-5-17-10
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Indiana Code 24-5-24.5-6
• residential building: means a structure such as a home or an apartment for one (1) or more families or persons that includes an attached or unattached garage. See Indiana Code 24-5-18-5
• responsible manufacturer or installer: means the manufacturer or installer that is liable for the:

  Indiana Code 24-5-13.1-9

• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• retail lessee: means an individual who executes a lease agreement for a motor vehicle from a retail lessor primarily for personal, family, or household purposes. See Indiana Code 24-5-16.5-6
• retail lessor: means a person who regularly engages in the business of selling or leasing motor vehicles and who offers or arranges a lease agreement for a motor vehicle. See Indiana Code 24-5-16.5-7
• Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}
• roof system: includes roof coverings, roof sheathing, roof weatherproofing, and insulation. See Indiana Code 24-5-11-7.7
• Sale: includes every contract to sell or dispose of a business opportunity or an interest in a business opportunity for value. See Indiana Code 24-5-8-1
• salesperson: means a person employed, authorized, or appointed by a seller, including an independent contractor, who solicits a sale on behalf of the seller. See Indiana Code 24-5-12-7
• secured party: has the meaning set forth in Indiana Code 24-5-16-7
• security agreement: has the meaning set forth in Indiana Code 24-5-16-8
• security freeze: means a designation placed on a consumer's consumer report:

  Indiana Code 24-5-24-4

• security freeze: means :

  Indiana Code 24-5-24.5-7

• security interest: has the meaning set forth in IC 26-1-1-201(37). See Indiana Code 24-5-16-9
• Seller: means a seller of services under a contract for health spa services. See Indiana Code 24-5-7-1
• Seller: means a person, or his agent, who sells or leases or offers to sell or lease a business opportunity. See Indiana Code 24-5-8-1
• 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

• seller: means a person who:

  Indiana Code 24-5-13-6.1

• seller: has the meaning set forth in IC 26-1-2-103(1)(d). See Indiana Code 24-5-16-10
• seller: means a person that, in the course of business conducted for that purpose, does either of the following:

  Indiana Code 24-5-26.5-7

• Senior consumer: means an individual who is at least sixty (60) years of age. See Indiana Code 24-5-0.5-2
• Service: means any assistance, guidance, direction, work, labor, or such other act as may be provided by the seller in the initiation or maintenance of a business. See Indiana Code 24-5-8-1
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• sound recording: means a work that results from the placement on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a compact disc, cassette, tape, or phonograph record, in which the sounds are placed. See Indiana Code 24-5-25-3
• specifications: means the plans, detailed drawings, lists of materials, or other methods customarily used in the residential building industry as a whole to describe with particularity the work, workmanship, materials, and quality of materials for each project. See Indiana Code 24-5-11-8
• 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
• Statute: A law passed by a legislature.
• strength based: refers to a perspective that recognizes that:

  Indiana Code 4-23-30.2-4

• Subject of a consumer transaction: means the personal property, real property, services, or intangibles offered or furnished in a consumer transaction. See Indiana Code 24-5-0.5-2
• subscriber: means :

  Indiana Code 24-5-14-4

• subscriber: means a person:

  Indiana Code 24-5-14.5-7

• Substantial seller: means a seller who has a net worth on a consolidated basis, according to current financial statements certified by an independent certified public accountant, of:

  Indiana Code 24-5-8-1

• sufficient proof of authority: means documentation that shows a representative has authority to act on behalf of a protected consumer and includes:

  Indiana Code 24-5-24.5-8

• sufficient proof of identification: means information or documentation that identifies a protected consumer or a representative of a protective consumer and includes:

  Indiana Code 24-5-24.5-9

• Supplier: means the following:

  Indiana Code 24-5-0.5-2

• supplier: means a seller, lessor, assignor, or other person who engages in or solicits consumer transactions, including a manufacturer, wholesaler, or retailer, whether or not the supplier deals directly with the consumer. See Indiana Code 24-5-10-6
• supplier: means a seller, lessor, assignor, or other person who regularly engages in or solicits consumer transactions. See Indiana Code 24-5-18-6
• task force: refers to the mortgage lending and fraud prevention task force created under section 2 of this chapter. See Indiana Code 4-23-30-1
• telecommunications service: has the meaning set forth in Indiana Code 24-5-14.5-8
• Telephone facsimile machine: means equipment that has the capacity to transcribe text or images, or both, from:

  Indiana Code 24-5-0.5-2

• term of protection: means a period of time that:

  Indiana Code 24-5-13-7

• term of protection: means a period of time that:

  Indiana Code 24-5-13.1-10

• Testify: Answer questions in court.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Uncured deceptive act: means a deceptive act:

  Indiana Code 24-5-0.5-2

• 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
• Unsolicited advertisement: means material advertising the commercial availability or quality of:

  Indiana Code 24-5-0.5-2

• vehicle: means any self-propelled vehicle that:

  Indiana Code 24-5-13-5

• vehicle: has the meaning set forth in IC 24-4-9-8. See Indiana Code 24-5-16-11
• vehicle: has the meaning set forth in IC 9-13-2-196. See Indiana Code 24-5-16.5-8
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• vulnerable population: includes :

  Indiana Code 4-23-30.2-5

• warranty: means :

  Indiana Code 24-5-13.5-9

• wraparound services: refers to support networks that are characterized by the creation of constructive relationships to assist recipients of services, families of recipients of services, and others using a strength based philosophy to guide service planning. See Indiana Code 4-23-30.2-6
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5