Sec. 23. (a) A seller who fails to comply with any provision of:
(1) this chapter; or
(2) IC 24-4.7;
commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4(c) and is subject to the penalties set forth in IC 24-5-0.5. An action for a violation of IC 24-4.7 may be brought under IC 24-5-0.5-4(c) or IC 24-4.7-5. An action by the attorney general for a violation of this chapter or IC 24-4.7 may be brought in the circuit or superior court of Marion County.
(b) A civil penalty recovered by the attorney general under:
(1) IC 24-5-0.5-4(g); or
(2) IC 24-5-0.5-8;
for a violation of this chapter shall be deposited in the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6 to be used for the administration and enforcement of this chapter.
As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989, SEC.24; P.L.165-2005, SEC.8 and P.L.222-2005, SEC.34; P.L.242-2019, SEC.10.
Structure Indiana Code
Chapter 12. Telephone Solicitations
24-5-12-0.1. Application of Certain Amendments to Chapter
24-5-12-5. "Principal" Defined
24-5-12-7. "Salesperson" Defined
24-5-12-9. "Solicitation" Defined
24-5-12-10. Registration of Sellers
24-5-12-11. Registration Statement; Filing; Fee
24-5-12-12. Registration Statement; Required Information
24-5-12-14. Annual Update of Registration; Additional Fee
24-5-12-15. Disclosures Required; Update of Changes; Filing
24-5-12-16. Record of Filings; Assigned Registration Number
24-5-12-17. Reference to Compliance With Chapter Restricted
24-5-12-18. Failure to Comply With Sections 10 Through 16; Cancellation of Contract
24-5-12-19. Deceptive Statements; Failure to Deliver Item Ordered; Voiding of Contract; Requisites
24-5-12-20. Damages; Costs and Attorney's Fees
24-5-12-21. Violations; Injunction
24-5-12-22. Failure to Comply; Penalty
24-5-12-23. Deceptive Acts; Injunction; Civil Penalties; Venue
24-5-12-24. Construction of Chapter
24-5-12-25. Blocking Telephone Number or Identity of Solicitor; Violations