Sec. 38. (a) A seller who violates a provision of this chapter commits an uncured deceptive act (as defined in IC 24-5-0.5-2).
(b) A person doing business as a sole proprietor, a firm, a limited liability company, a corporation, an association, or a partnership, but not acting as a seller that:
(1) sells or advertises prepaid services or merchandise or services or merchandise (as defined in section 8 of this chapter) and fails to obtain the certificate of authority required by section 33 of this chapter; or
(2) sells or advertises prepaid services or merchandise or services or merchandise (as defined in section 8 of this chapter) after the entity's certificate of authority has:
(A) expired; or
(B) been rescinded, revoked, or suspended by the board;
commits a Class A misdemeanor. Each act committed in violation of this subsection constitutes a separate offense.
(c) The following may maintain an action to enjoin an individual or entity from continuing to violate this section:
(1) The board.
(2) The attorney general.
(3) The prosecuting attorney of a county in which a violation occurs.
(d) A purchaser has a private right of action against a seller who commits an uncured deceptive act.
(e) A trustee or escrow agent, acting as a fiduciary, that disburses funds in a trust or escrow account established under this chapter without verifying that the seller has delivered the services or merchandise for which the funds were deposited through the use of documentation required under rules adopted by the state board of funeral and cemetery service established by IC 25-15-9-1 commits a Class A infraction.
(f) A person who knowingly or intentionally uses or disburses funds in a trust or escrow account established under this chapter for purposes other than the purposes required under this chapter commits a Level 5 felony.
As added by P.L.114-1999, SEC.19. Amended by P.L.61-2008, SEC.10; P.L.143-2009, SEC.18; P.L.158-2013, SEC.306.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need
30-2-13-1. Applicability of Chapter
30-2-13-2.5. "At-Need Services and Merchandise"
30-2-13-8. "Prepaid Services or Merchandise" or "Services or Merchandise"
30-2-13-11. "Trustee" or "Escrow Agent, Acting as a Fiduciary"
30-2-13-11.5. "Cash Advance Item"
30-2-13-12.1. Contracts Entered Into After December 31, 1995, and Before July 1, 1999
30-2-13-12.5. Contracts Entered Into After June 30, 1999
30-2-13-13. Designation of Successor Sellers
30-2-13-17. Successors to Seller; Obligations
30-2-13-18. Compensation and Expenses of Trustee; Withdrawal of Tax Liability
30-2-13-20. Funeral Service Contracts; Ratification by Funeral Director
30-2-13-21. Agents of Seller; Seller Liability; Written Statement
30-2-13-22. Seller Bond or Permit
30-2-13-23. Contracts; Invalid Provisions; Unenforceable Contracts
30-2-13-24. Seller or Agent; Prohibited Acts
30-2-13-25. Solicitation of Sales; Conditions
30-2-13-26. Confidentiality of Contracts
30-2-13-28. Preneed Consumer Protection Fund; Establishment; Funding
30-2-13-29. Fund Uses; Complaints; Annual Review
30-2-13-30. Seller Records and Books
30-2-13-32. General Price List
30-2-13-33. Certificates of Authority
30-2-13-35. Seller Misrepresentation
30-2-13-36. Suspension of Certificates of Authority; Fines
30-2-13-38. Uncured Deceptive Acts; Violations; Injunctive Relief; Private Right of Action
30-2-13-39. Prohibited Relationships Between Sellers and Trustees or Escrow Agents