§ 24-5-26.5-1 “Commercial communication”
§ 24-5-26.5-2 “Consumer”
§ 24-5-26.5-3 “Lead generation”
§ 24-5-26.5-4 “Legend drug”
§ 24-5-26.5-5 “Manufacturer”
§ 24-5-26.5-6 “Medical device”
§ 24-5-26.5-7 “Seller”
§ 24-5-26.5-8 “Sponsor”
§ 24-5-26.5-9 Deceptive act
§ 24-5-26.5-10 Required disclosures
§ 24-5-26.5-11 Appropriate course of action materially limited
§ 24-5-26.5-12 Lawyer referral service
§ 24-5-26.5-13 Rules; emergency rules
§ 24-5-26.5-14 Cause of action; remedy
§ 24-5-26.5-15 Court costs; litigation fees
§ 24-5-26.5-16 Statute of limitations
§ 24-5-26.5-17 Exceptions

Terms Used In Indiana Code > Title 24 > Article 5 > Chapter 26.5 - Deceptive Lead Generation

  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • consumer: refers to an individual who views a commercial communication for personal or familial purposes. See Indiana Code 24-5-26.5-2
  • Dependent: A person dependent for support upon another.
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • manufacturer: means either of the following:

    Indiana Code 24-5-26.5-5

  • 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

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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

  • 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
  • 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