Sec. 8. As used in this chapter, "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:
(1) There is a false representation or implication that a prospect will receive a gift, prize, or the value of a gift or prize.
(2) There is an offer of a vacation at a reduced price if the vacation involves the prospect attending a presentation in which the prospect is solicited to purchase a time share or camping club membership and if the seller does not own the time share or camping club, does not represent the owner of the time share or camping club, or misrepresents the value of the vacation. Terms in this subdivision have the meaning set forth in IC 32-32.
(3) There is a representation or implication that a prospect who buys office equipment or supplies will, because of some unusual event or imminent price increase, be able to buy these items at prices that are below those that are usually charged or will be charged for the items if the price advantage for the prospect does not exist.
(4) There is a false representation or implication as to the identity of the person making the solicitation.
(5) There is a representation or implication that the items for sale are manufactured or supplied by a person other than the actual manufacturer or supplier.
(6) There is an offer to sell the prospect precious metals, precious stones, coal, or other minerals, or any interest in oil, gas, or mineral fields, wells, or exploration sites, if the seller does not own the items, does not represent the owner, or misrepresents the value of the items.
As added by P.L.253-1987, SEC.1. Amended by P.L.2-2002, SEC.77; P.L.242-2019, SEC.8; P.L.105-2020, SEC.2.
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