Ind. Code ch. 37-2-3

in effect

Ind. Code § 37-2-3-1 Application

Sec. 1. (a) This chapter applies to consumer credit sales, including home solicitation sales, and consumer leases. (b) Sections 14 through 27 of this chapter apply to consumer credit sales and consumer leases. (c) Sections 29 through 33 of this chapter apply to consumer related sales. (d) Licensing under IC 37-2-4-24 applies to consumer credit sales that are subordinate lien mortgage transactions. [Pre-2026 Revision Citations: 24-4.5-2-102; 24-4.5-2-401.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-2 "Precomputed"

Sec. 2. A sale, refinancing, or consolidation is considered precomputed if the debt is expressed as a sum comprising the amount financed and the amount of the credit service charge computed in advance. [Pre-2026 Revision Citation: 24-4.5-2-105(7).] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-3 Stated cash price presumed to be the cash price

Sec. 3. The cash price stated by the seller to the buyer pursuant to section 13 of this chapter is presumed to be the cash price. [Pre-2026 Revision Citation: 24-4.5-2-110 (presumption).] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-4 Credit service charge for consumer credit sales; sales agreements entered into after June 30, 2020; precomputed sales prohibited; nonrefundable prepaid finance charge authorized; revolving charge accounts; subterfuge by seller; applicability of criminal loansharking statute

Sec. 4. (a) Except as provided in subsections (h) and (k), with respect to a consumer credit sale, a seller may contract for and receive a credit service charge not exceeding that permitted by this section. (b) The credit service charge, calculated according to the actuarial method, may not exceed the equivalent of the greater of: (1) the total of: (A) thirty-six percent (36%) per year on that part of the unpaid balances of the amount financed which is two thousand dollars ($2,000) or less; (B) twenty-one percent (21%) per year on that part of the unpaid balances of the amount financed which is more than two thousand dollars ($2,000) but does not exceed four thousand dollars ($4,000); and (C) fifteen percent (15%) per year on that part of the unpaid balances of the amount financed which is more than four thousand dollars ($4,000); or (2) twenty-five percent (25%) per year on the unpaid balances of the amount financed. (c) In the case of a sale agreement entered into before July 1, 2020, this section does not limit or restrict the manner of contracting for the credit service charge, whether by way of add-on, discount, or otherwise, so long as the rate of the credit service charge does not exceed that permitted by this section. If the sale is precomputed: (1) the credit service charge may be calculated on the assumption that all scheduled payments will be made when due; and (2) the effect of prepayment is governed by the provisions on rebate upon prepayment in section 12 of this chapter. (d) The following apply to a sale agreement for a consumer credit sale (or for the refinancing or consolidation of a consumer credit sale) that is entered into after June 30, 2020: (1) The credit service charge authorized by this section must be: (A) contracted for between the seller and the debtor; and (B) calculated by applying a rate not exceeding the rate set forth in subsection (b) to unpaid balances of the amount financed. (2) A sale agreement for a precomputed consumer credit sale is prohibited. (3) Subject to subsection (m), in addition to the credit service charge authorized by subsection (b) and to any other fees permitted by this chapter, and not subject to the rate set forth in subsection (b), the seller may contract for and receive as a condition for, or an incident to, the extension of credit a nonrefundable prepaid finance charge under subsection (k), whether the charge is: (A) paid separately in cash or by check before or at consummation; or (B) withheld from the proceeds of the consumer credit sale. (e) For the purposes of this section, the term of a sale agreement commences with the date the credit is granted or, if goods are delivered or services performed more than thirty (30) days after that date, with the date of commencement of delivery or performance except as follows: (1) This subdivision applies to a delay attributable to the customer. Where the customer requests delivery after the thirty (30) day period or where delivery occurs after the thirty (30) day period for a reason attributable to the customer (including but not limited to failure to close on a residence or failure to obtain lease approval), the term of the sale agreement shall commence with the date credit is granted. (2) This subdivision applies to a partial delivery. Where any portion of the order has been delivered within the thirty (30) day period, the term of the sale agreement shall commence with the date credit is granted. Differences in the lengths of months are disregarded and a day may be counted as one-thirtieth (1/30) of a month. Subject to classifications and differentiations the seller may reasonably establish, a part of a month in excess of fifteen (15) days may be treated as a full month if periods of fifteen (15) days or less are disregarded and that procedure is not consistently used to obtain a greater yield than would otherwise be permitted. (f) With respect to a consumer credit sale made pursuant to a revolving charge account, the parties to the sale may contract for the payment by the buyer of a credit service charge not exceeding that permitted in this section, subject to the following: (1) The credit service charge contracted for and received may not exceed a charge in each monthly billing cycle which is two and eighty-three thousandths percent (2.083%) of an amount not greater than: (A) the average daily balance of the account; (B) the unpaid balance of the account on the same day of the billing cycle; or (C) subject to subsection (g), the median amount within a specified range within which the average daily balance of the account or the unpaid balance of the account, on the same day of the billing cycle, is included. For purposes of clauses (B) and (C), a variation of not more than four (4) days from month to month is "the same day of the billing cycle". (2) If the billing cycle is not monthly, the maximum charge is that percentage which bears the same relation to the applicable monthly maximum percentage as the number of days in the billing cycle bears to thirty (30). (3) Notwithstanding subdivision (1), if there is an unpaid balance on the date as of which the credit service charge is applied, the seller may contract for and receive a charge not exceeding fifty cents ($0.50) if the billing cycle is monthly or longer, or the pro rata part of fifty cents ($0.50) which bears the same relation to fifty cents ($0.50) as the number of days in the billing cycle bears to thirty (30) if the billing cycle is shorter than monthly. However, a seller may not contract for or receive a charge under this subdivision if the seller has made an annual charge for the same period as permitted by the provisions on additional charges in section 5(a)(5) of this chapter. (g) Subject to classifications and differentiations the seller may reasonably establish, the seller may make the same credit service charge on all amounts financed within a specified range. A credit service charge so made does not violate subsection (b) if: (1) when applied to the median amount within each range, it does not exceed the maximum permitted by subsection (b); and (2) when applied to the lowest amount within each range, it does not produce a rate of credit service charge exceeding the rate calculated according to subdivision (1) by more than eight percent (8%) of the rate calculated according to subdivision (1). (h) Notwithstanding subsection (b), with respect to a consumer sale other than a sale under a revolving charge account, the seller may contract for and receive a minimum credit service charge of not more than thirty dollars ($30). The minimum credit service charge allowed under this subsection may be imposed only if the seller does not contract for or receive a nonrefundable prepaid finance charge under subsection (k) and: (1) the debtor prepays in full a consumer credit sale, refinancing, or consolidation, regardless of whether the sale, refinancing, or consolidation is precomputed; (2) the sale, refinancing, or consolidation prepaid by the debtor is subject to a credit service charge that: (A) is contracted for by the parties; and (B) does not exceed the rate prescribed in subsection (b); and (3) the credit service charge earned at the time of prepayment is less than the minimum credit service charge contracted for under this subsection. (i) The amounts of two thousand dollars ($2,000) and four thousand dollars ($4,000) in subsection (b) are subject to change pursuant to the provisions on adjustment of dollar amounts (IC 37-2-1-5). However, notwithstanding IC 37-2-1-5(a), the Reference Base Index to be used under this subsection is the Index for October 2012. (j) The amount of thirty dollars ($30) in subsection (h) is subject to change under the provisions on adjustment of dollar amounts (IC 37-2-1-5). However, notwithstanding IC 37-2-1-5(a), the Reference Base Index to be used under this subsection is the Index for October 1992. (k) This subsection applies to a sale agreement entered into after June 30, 2020. Except as provided in subsection (h), and subject to subsection (m), in addition to the credit service charge authorized by subsection (b), and to any other fees permitted by this chapter, a seller may contract for and receive a nonrefundable prepaid finance charge in an amount which is not more than: (1) seventy-five dollars ($75) for an amount financed which is two thousand dollars ($2,000) or less; (2) one hundred fifty dollars ($150) for an amount financed which is more than two thousand dollars ($2,000) but does not exceed four thousand dollars ($4,000); and (3) two hundred dollars ($200) for an amount financed which is more than four thousand dollars ($4,000). The nonrefundable prepaid finance charge is not subject to refund or rebate. However, any amount charged by the seller, other than by a seller that is a depository institution, under this subsection that exceeds the applicable amount permitted by this subsection constitutes a violation of this article under IC 37-2-7-8(12) and is subject to refund. Any amount charged by a depository institution under this subsection that exceeds the applicable amount set forth in this subsection is subject to refund. The amounts in this subsection are not subject to change under IC 37-2-1-5. (l) If the director determines that a seller's accrual method of accounting as applied to a consumer credit sale under this section involves the application of subterfuge for the purpose of circumventing this chapter, the director may conform the credit service charge and fees for the transaction to the limitations set forth in this section and may require a refund of overcharges under IC 37-2-7-5(b)(1). A determination by the director under this subsection: (1) must be in writing; (2) shall be delivered to all parties in the transaction; and (3) is subject to IC 4-21.5-3. (m) At the time of consummation of a consumer credit sale: (1) the credit service charge authorized by subsection (b); and (2) the nonrefundable prepaid finance charge authorized by subsection (k) (including any amount charged by a depository institution that exceeds the applicable amount set forth in subsection (k)) in the case of a sale agreement entered into after June 30, 2020; are subject to IC 35-45-7 and, when combined, may not exceed the rate set forth in IC 35-45-7-2. [Pre-2026 Revision Citation: 24-4.5-2-201.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-5 Permitted additional charges; skip-a-payment services; expedited payment services; GAP agreements

Sec. 5. (a) In addition to the credit service charge permitted by this chapter, a seller may contract for and receive any of the following additional charges in connection with a consumer credit sale: (1) Official fees and taxes. (2) Charges for insurance as described in subsection (b). (3) Notwithstanding provisions of the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) concerning disclosure, charges for other benefits, including insurance, conferred on the consumer, if the benefits are of value to the consumer and if the charges are reasonable in relation to the benefits, and are excluded as permissible additional charges from the credit service charge. With respect to any additional charge not specifically provided for in this section, to be a permitted charge under this subsection the seller must submit a written explanation of the charge to the department indicating how the charge would be assessed and the value or benefit to the consumer. Supporting documents may be required by the department. The department shall determine whether the charge would be of benefit to the consumer and is reasonable in relation to the benefits. (4) A charge not to exceed twenty-five dollars ($25) for each returned payment by a bank or other depository institution of a dishonored check, electronic funds transfer, negotiable order of withdrawal, or share draft issued by the consumer. (5) Annual participation fees assessed in connection with a revolving charge account. Annual participation fees must: (A) be reasonable in amount; (B) bear a reasonable relationship to the seller's costs to maintain and monitor the charge account; and (C) not be assessed for the purpose of circumvention or evasion of this article, as determined by the department. (6) A charge not to exceed twenty-five dollars ($25) for a skip-a-payment service, subject to the following: (A) At the time of use of the service, the consumer must be given written notice of the amount of the charge and must acknowledge the amount in writing, including by electronic signature. (B) A charge for a skip-a-payment service may not be assessed with respect to a consumer credit sale subject to the provisions on rebate upon prepayment that are set forth in section 12 of this chapter. (C) A charge for a skip-a-payment service may not be assessed with respect to any payment for which a delinquency charge has been assessed under section 6 of this chapter. (7) A charge not to exceed ten dollars ($10) for an optional expedited payment service, subject to the following: (A) The charge may be assessed only upon request by the consumer to use the expedited payment service. (B) The amount of the charge must be disclosed to the consumer at the time of the consumer's request to use the expedited payment service. (C) The consumer must be informed that the consumer retains the option to make a payment by traditional means. (D) The charge may not be established in advance, through any agreement with the consumer, as the expected method of payment. (E) The charge may not be assessed with respect to any payment for which a delinquency charge has been assessed under section 6 of this chapter. (8) A charge for a GAP agreement, subject to subsection (d). (b) An additional charge may be made for insurance written in connection with the sale, other than insurance protecting the seller against the consumer's default or other credit loss: (1) with respect to insurance against loss of or damage to property, or against liability, if the seller furnishes a clear and specific statement in writing to the consumer, setting forth the cost of the insurance if obtained from or through the seller and stating that the consumer may choose the person, subject to the seller's reasonable approval, through whom the insurance is to be obtained; and (2) with respect to consumer credit insurance providing life, accident, unemployment or other loss of income, or health coverage, if the insurance coverage is not a factor in the approval by the seller of the extension of credit and is clearly disclosed in writing to the consumer, and if, in order to obtain the insurance in connection with the extension of credit, the consumer gives specific, affirmative, written indication of the desire to do so after written disclosure of the cost. (c) With respect to a subordinate lien mortgage transaction, the following closing costs, if the costs are bona fide, reasonable in amount, and not for the purpose of circumvention or evasion of this article: (1) fees for title examination, abstract of title, title insurance, property surveys, or similar purposes; (2) fees for preparing deeds, mortgages, and reconveyance, settlement, and similar documents; (3) notary and credit report fees; (4) amounts required to be paid into escrow or trustee accounts if the amounts would not otherwise be included in the credit service charge; and (5) appraisal fees. (d) An additional charge may be made for a GAP agreement, subject to the following: (1) A GAP agreement or GAP coverage may not be required by the seller, and that fact must be disclosed in writing to the consumer. (2) The charge for the initial term of coverage under the GAP agreement must be disclosed in writing to the consumer. The charge may be disclosed on a unit-cost basis only in the case of the following transactions: (A) Revolving charge accounts. (B) Closed-end credit transactions, if the request for coverage is made by mail or telephone. (C) Closed-end credit transactions, if the GAP agreement limits the total amount of indebtedness eligible for coverage. (3) If the term of coverage under the GAP agreement is less than the term of the consumer credit sale, the term of coverage under the GAP agreement must be disclosed in writing to the consumer. (4) The consumer must sign or initial an affirmative written request for coverage after receiving all required disclosures. (5) The GAP agreement must include the following: (A) In the case of GAP coverage for a new motor vehicle, the manufacturer's suggested retail price (MSRP) for the motor vehicle. (B) In the case of GAP coverage for a used motor vehicle, the average retail value for the motor vehicle, as determined by use of a third party valuation service provider that is customarily relied upon in the used motor vehicle commercial marketplace. (C) The name of the financing entity taking assignment of the agreement. (D) The name and address of the consumer. (E) The name of the creditor selling the agreement. (F) Information advising the consumer that the consumer may be able to obtain similar coverage from the consumer's primary insurance carrier. (G) A coverage provision that includes a minimum deductible of five hundred dollars ($500). (H) A provision providing for a minimum thirty (30) day free-look period. (I) In the case of a consumer credit sale involving a motor vehicle, a provision excluding the sale of GAP coverage if the amount financed under the consumer credit sale (not including the cost of the GAP agreement, the cost of any credit insurance, and the cost of any warranties or service agreements) is less than eighty percent (80%) of the manufacturer's suggested retail price (MSRP), in the case of a new motor vehicle, or the average retail value (as determined by use of a third party valuation service provider that is customarily relied upon in the used motor vehicle commercial marketplace), in the case of a used motor vehicle. (J) In the case of a GAP agreement in which the charge for the agreement exceeds four hundred dollars ($400), specific instructions that may be used by the consumer to cancel the agreement and obtain a refund of the unearned GAP charge before prepayment in full, in accordance with the procedures, and subject to the conditions, set forth in subdivision (6). (6) If the charge for the GAP agreement exceeds four hundred dollars ($400), the consumer is entitled to cancel the agreement and obtain a refund of the unearned GAP charge before prepayment in full. Refunds of unearned GAP charges shall be made subject to the following conditions: (A) A refund of the charge for a GAP agreement must be calculated using a method that is no less favorable to the consumer than a refund calculated on a pro rata basis. (B) The consumer is entitled to a refund of the unearned GAP agreement charge as outlined in the GAP agreement. (C) The seller of the GAP agreement is responsible for making a timely refund to the consumer of unearned GAP agreement charges under the terms and conditions of the GAP agreement. (7) Upon prepayment in full of the consumer credit sale: (A) the GAP coverage is automatically terminated; and (B) the seller of the GAP agreement must issue a refund in accordance with subdivision (6). (8) A creditor that sells GAP agreements must: (A) insure its GAP agreement obligations under a contractual liability insurance policy issued by an insurer authorized to engage in the insurance business in Indiana; and (B) retain appropriate records, as required under this article, regarding GAP agreements sold, refunded, and expired. [Pre-2026 Revision Citation: 24-4.5-2-202.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-6 Delinquency charges

Sec. 6. (a) With respect to a consumer credit sale, refinancing, or consolidation, the parties may contract for a delinquency charge of not more than the following: (1) Five dollars ($5) on any installment or minimum payment due that is not paid in full not later than ten (10) days after its scheduled due date, in the case of a consumer credit sale, refinancing, or consolidation that is made before July 1, 2019. The amount of five dollars ($5) in this subdivision is subject to change under IC 37-2-1-5. In addition, the parties may provide by contract for a delinquency charge that is subject to change. If the parties provide by contract for a delinquency charge that is subject to change, the seller shall disclose in the contract that the amount of the delinquency charge is subject to change under IC 37-2-1-5 or this section. (2) In the case of a consumer credit sale, refinancing, or consolidation that is made after June 30, 2019, the following: (A) Five dollars ($5) on any installment or minimum payment due that is not paid in full not later than ten (10) days after its scheduled due date, if installments under the consumer credit sale, refinancing, or consolidation are due every fourteen (14) days or less. The amount of five dollars ($5) in this clause is not subject to change under IC 37-2-1-5. (B) Twenty-five dollars ($25) on any installment or minimum payment due that is not paid in full not later than ten (10) days after its scheduled due date, if installments under the consumer credit sale, refinancing, or consolidation are due every fifteen (15) days or more. The amount of twenty-five dollars ($25) in this clause is not subject to change under IC 37-2-1-5. (C) Twenty-five dollars ($25) on any installment or minimum payment due that is not paid in full not later than ten (10) days after its scheduled due date, in the case of a consumer credit sale, refinancing, or consolidation that is payable in a single installment that is due at least thirty (30) days after the consumer credit sale, refinancing, or consolidation is made. The amount of twenty-five dollars ($25) in this clause is not subject to change under IC 37-2-1-5. (b) A delinquency charge under this section may be collected only once on an installment however long it remains in default. A delinquency charge on consumer credit sales made under a revolving charge account may be applied each month that the payment is less than the minimum required payment. A delinquency charge may be collected any time after it accrues. No delinquency charge may be collected if: (1) the installment has been deferred and a deferral charge under section 7 of this chapter has been paid or incurred; (2) a charge for a skip-a-payment service has been paid or incurred, as provided in section 5 of this chapter; or (3) a charge for an optional expedited payment service has been paid or incurred, as provided in section 5 of this chapter. (c) A creditor may not, directly or indirectly, charge or collect a delinquency charge on a payment that: (1) is paid not later than ten (10) days after its scheduled due date; and (2) is otherwise a full payment of the payment due for the applicable installment period; if the only delinquency with respect to the consumer credit sale, refinancing, or consolidation is attributable to a delinquency charge assessed on an earlier installment. (d) If two (2) or more installments, or parts of two (2) or more installments, of a precomputed consumer credit sale are in default for ten (10) days or more, the creditor may elect to convert the consumer credit sale from a precomputed consumer credit sale to a consumer credit sale in which the credit service charge is based on unpaid balances. A creditor that makes this election shall make a rebate under the provisions on rebates upon prepayment under section 12 of this chapter as of the maturity date of the first delinquent installment, and thereafter may make a credit service charge as authorized by the provisions on credit service charges for consumer credit sales under section 4 of this chapter. The amount of the rebate shall not be reduced by the amount of any permitted minimum charge under section 12 of this chapter. Any deferral charges made on installments due at or after the maturity date of the first delinquent installment shall be rebated, and no further deferral charges shall be made. [Pre-2026 Revision Citation: 24-4.5-2-203.5.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-7 Deferral charges

Sec. 7. (a) This section applies only to a consumer credit sale, refinancing, or consolidation, that is entered into before July 1, 2020. With respect to a precomputed consumer credit sale, refinancing, or consolidation, the parties before or after default may agree in writing to a deferral of all or part of one (1) or more unpaid installments, and the seller may make and collect a charge not exceeding the lesser of thirty-six percent (36%) per year or the rate previously stated to the buyer pursuant to section 13 of this chapter applied to the amount or amounts deferred for the period of deferral calculated without regard to differences in lengths of months, but proportionately for a part of a month, counting each day as one-thirtieth (1/30) of a month. A deferral charge may be collected at the time it is assessed or at any time thereafter. (b) The seller, in addition to the deferral charge, may make appropriate additional charges under section 5 of this chapter, and the amount of these charges which is not paid in cash may be added to the amount deferred for the purpose of calculating the deferral charge. (c) The parties may agree in writing at the time of a precomputed consumer credit sale, refinancing, or consolidation that if an installment is not paid within ten (10) days after its due date, the seller may unilaterally grant a deferral and make charges as provided in this section. No deferral charge may be made for a period after the date that the seller elects to accelerate the maturity of the agreement. (d) A delinquency charge made by the seller on an installment may not be retained if a deferral charge is made pursuant to this section with respect to the period of delinquency. [Pre-2026 Revision Citation: 24-4.5-2-204.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-8 Credit service charge on refinancing

Sec. 8. With respect to a consumer credit sale, refinancing, or consolidation, the seller may by agreement with the buyer refinance the unpaid balance and may contract for and receive a credit service charge based on the amount financed resulting from the refinancing at a rate not exceeding that permitted by the provisions on credit service charge for consumer credit sales under section 4 of this chapter. For the purpose of determining the credit service charge permitted, the amount financed resulting from the refinancing comprises the following: (1) If: (A) the transaction was not precomputed, the total of the unpaid balance and accrued charges on the date of refinancing; or (B) the transaction was precomputed, in the case of a transaction entered into before July 1, 2020, the amount which the buyer would have been required to pay upon prepayment pursuant to the provisions on rebate upon prepayment (section 12 of this chapter) on the date of refinancing. (2) Appropriate additional charges under section 5 of this chapter, payment of which is deferred. [Pre-2026 Revision Citation: 24-4.5-2-205.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-9 Credit service charge on consolidation

Sec. 9. If a buyer owes an unpaid balance to a seller with respect to a consumer credit sale, refinancing, or consolidation, and becomes obligated on another consumer credit sale, refinancing, or consolidation with the same seller, the parties may agree to a consolidation resulting in a single schedule of payments pursuant to either of the following: (1) The parties may agree to refinance the unpaid balance with respect to the previous sale pursuant to the provisions on refinancing (section 8 of this chapter) and to consolidate the amount financed resulting from the refinancing by adding it to the amount financed with respect to the subsequent sale. The seller may contract for and receive a credit service charge based on the aggregate amount financed resulting from the consolidation at a rate not exceeding that permitted by the provisions on credit service charge for consumer credit sales (section 4 of this chapter). (2) The parties may agree to consolidate by adding together the unpaid balances with respect to the two sales. [Pre-2026 Revision Citation: 24-4.5-2-206.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-10 Advances to perform covenants of buyer

Sec. 10. (a) If the agreement with respect to a consumer credit sale, refinancing, or consolidation contains covenants by the buyer to perform certain duties pertaining to insuring or preserving collateral and the seller pursuant to the agreement pays for performance of the duties on behalf of the buyer, the seller may add the amounts paid to the debt. Within a reasonable time after advancing any sums, the seller shall state to the buyer in writing the amount of the sums advanced, any charges with respect to this amount, and any revised payment schedule and, if the duties of the buyer performed by the seller pertain to insurance, a brief description of the insurance paid for by the seller including the type and amount of coverages. No further information need be given. (b) A credit service charge may be made for sums advanced pursuant to subsection (a) at a rate not exceeding the rate stated to the buyer pursuant to section 13 of this chapter with respect to the sale, refinancing or consolidation, except that with respect to a revolving charge account the amount of the advance may be added to the unpaid balance of the account and the seller may make a credit service charge not exceeding that permitted by the provisions on credit service charge for revolving charge accounts set forth in section 4(f) of this chapter. [Pre-2026 Revision Citation: 24-4.5-2-208.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-11 Right to prepay without penalty; payoff statement; liability for failure to provide; short sales; foreclosed property; no protection from deficiency judgment

Sec. 11. (a) Subject to the provisions on rebate upon prepayment set forth in section 12 of this chapter, the buyer may prepay in full the unpaid balance of a consumer credit sale, refinancing, or consolidation at any time without penalty. (b) At the time of prepayment of a credit sale not subject to the provisions of rebate upon prepayment set forth in section 12 of this chapter, the total credit service charge: (1) including the prepaid credit service charge; but (2) subject to section 4(m) of this chapter, excluding the nonrefundable prepaid finance charge allowed under section 4(k) of this chapter, in the case of a sale agreement entered into after June 30, 2020; may not exceed the maximum charge allowed under this chapter for the period the credit sale was in effect. (c) The creditor or mortgage servicer shall provide, in writing, an accurate payoff amount for the consumer credit sale to the debtor within seven (7) business days (excluding legal public holidays, Saturdays, and Sundays) after the creditor or mortgage servicer receives the debtor's written request for the accurate consumer credit sale payoff amount. A payoff statement provided by a creditor or mortgage servicer under this subsection must show the date the statement was prepared and itemize the unpaid principal balance and each fee, charge, or other sum included within the payoff amount. A creditor or mortgage servicer who fails to provide the accurate consumer credit sale payoff amount is liable for: (1) one hundred dollars ($100) if an accurate consumer credit sale payoff amount is not provided by the creditor or mortgage servicer within seven (7) business days (excluding legal public holidays, Saturdays, and Sundays) after the creditor or mortgage servicer receives the debtor's first written request; and (2) the greater of: (A) one hundred dollars ($100); or (B) the credit service charge that accrues on the sale from the date the creditor or mortgage servicer receives the first written request until the date on which the accurate consumer credit sale payoff amount is provided; if an accurate consumer credit sale payoff amount is not provided by the creditor or mortgage servicer within seven (7) business days (excluding legal public holidays, Saturdays, and Sundays) after the creditor or mortgage servicer receives the debtor's second written request, and the creditor or mortgage servicer failed to comply with subdivision (1). A liability under this subsection is an excess charge under IC 37-2-6-9. (d) As used in this subsection, "mortgage transaction" means a consumer credit sale in which a mortgage or a land contract (or another consensual security interest equivalent to a mortgage or a land contract) that constitutes a lien is created or retained against land upon which there is constructed or intended to be constructed a dwelling that is or will be used by the debtor primarily for personal, family, or household purposes. This subsection applies to a mortgage transaction with respect to which any installment or minimum payment due is delinquent for at least sixty (60) days. The creditor, servicer, or the creditor's agent shall acknowledge a written offer made in connection with a proposed short sale not later than five (5) business days (excluding legal public holidays, Saturdays, and Sundays) after the date of the offer if the offer complies with the requirements for a qualified written request set forth in 12 U.S.C. 2605(e)(1)(B). The creditor, servicer, or creditor's agent is required to acknowledge a written offer made in connection with a proposed short sale from a third party acting on behalf of the debtor only if the debtor has provided written authorization for the creditor, servicer, or creditor's agent to do so. Not later than thirty (30) business days (excluding legal public holidays, Saturdays, and Sundays) after receipt of an offer under this subsection, the creditor, servicer, or creditor's agent shall respond to the offer with an acceptance or a rejection of the offer. The thirty (30) day period described in this subsection may be extended for not more than fifteen (15) business days (excluding legal public holidays, Saturdays, and Sundays) if, before the end of the thirty (30) day period, the creditor, the servicer, or the creditor's agent notifies the debtor of the extension and the reason the extension is needed. Payment accepted by a creditor, servicer, or creditor's agent in connection with a short sale constitutes payment in full satisfaction of the mortgage transaction unless the creditor, servicer, or creditor's agent obtains either: (1) a statement that: "The debtor remains liable for any amount still owed under the mortgage transaction."; or (2) a statement substantially similar to the statement set forth in subdivision (1); acknowledged by the initials or signature of the debtor, on or before the date on which the short sale payment is accepted. As used in this subsection, "short sale" means a transaction in which the property that is the subject of a mortgage transaction is sold for an amount that is less than the amount of the debtor's outstanding obligation under the mortgage transaction. A creditor or mortgage servicer that fails to respond to an offer within the time prescribed by this subsection is liable in accordance with 12 U.S.C. 2605(f) in any action brought under that section. (e) This section is not intended to provide the owner of real estate subject to the issuance of process under a judgment or decree of foreclosure any protection or defense against a deficiency judgment for purposes of the borrower protections from liability that must be disclosed under 12 CFR 1026.38(p)(3) on the form required by 12 CFR 1026.38 ("Closing Disclosures" form under the Amendments to the 2013 Integrated Mortgage Disclosures Rule Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth In Lending Act (Regulation Z) and the 2013 Loan Originator Rule Under the Truth in Lending Act (Regulation Z)). [Pre-2026 Revision Citation: 24-4.5-2-209.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-12 Rebate upon prepayment

Sec. 12. (a) Except for subsections (b) and (i), this section applies only to a sale agreement entered into before July 1, 2020. Except as provided in subsection (b), upon prepayment in full of the unpaid balance of a precomputed consumer credit sale, refinancing, or consolidation, an amount not less than the unearned portion of the credit service charge calculated according to this section shall be rebated to the buyer. If the rebate required is less than one dollar ($1), no rebate need be made. (b) Upon prepayment in full of a consumer credit sale, refinancing, or consolidation, other than one pursuant to a revolving charge account, if the credit service charge then earned is less than any permitted minimum credit service charge under section 4(h) of this chapter contracted for, whether or not the sale, refinancing, or consolidation is precomputed, the seller may collect or retain the minimum charge, as if earned, not exceeding the credit service charge contracted for. (c) The unearned portion of the credit service charge is a fraction of the credit service charge of which the numerator is the sum of the periodic balances scheduled to follow the computational period in which prepayment occurs, and the denominator is the sum of all periodic balances under either the sale agreement or, if the balance owing resulted from a refinancing (section 8 of this chapter) or a consolidation (section 9 of this chapter), under the refinancing agreement or consolidation agreement. (d) In this section: (1) "periodic balance" means the amount scheduled to be outstanding on the last day of a computational period before deducting the payment, if any, scheduled to be made on that day; (2) "computational period" means one (1) month if one-half (1/2) or more of the intervals between scheduled payments under the agreement is one (1) month or more, and otherwise means one (1) week; (3) the "interval" to the due date of the first scheduled installment or the final scheduled payment date is measured from the date of a sale, refinancing, or consolidation, or any later date prescribed for calculating maximum credit service charges under section 4(e) of this chapter and includes either the first or last day of the interval; and (4) if the interval to the due date of the first scheduled installment does not exceed one (1) month by more than fifteen (15) days when the computational period is one (1) month, or eleven (11) days when the computational period is one (1) week, the interval shall be considered as one (1) computational period. (e) This subsection applies only if the schedule of payments is not regular. (1) If the computational period is one (1) month and: (A) if the number of days in the interval to the due date of the first scheduled installment is less than one (1) month by more than five (5) days, or more than one (1) month by more than five (5) but not more than fifteen (15) days, the unearned credit service charge shall be increased by an adjustment for each day by which the interval is less than one (1) month and, at the option of the seller, may be reduced by an adjustment for each day by which the interval is more than one (1) month; the adjustment for each day shall be one-thirtieth (1/30) of that part of the credit service charge earned in the computational period prior to the due date of the first scheduled installment assuming that period to be one (1) month; and (B) if the interval to the final scheduled payment date is a number of computational periods plus an additional number of days less than a full month, the additional number of days shall be considered a computational period only if sixteen (16) days or more. This clause applies whether or not clause (A) applies. (2) Notwithstanding subdivision (1), if the computational period is one (1) month, the number of days in the interval to the due date of the first installment exceeds one (1) month by not more than fifteen (15) days, and the schedule of payments is otherwise regular, the seller, at the seller's option, may exclude the extra days and the charge for the extra days in computing the unearned credit service charge; but if the seller does so and a rebate is required before the due date of the first scheduled installment, the seller shall compute the earned charge for each elapsed day as one-thirtieth (1/30) of the amount the earned charge would have been if the first interval had been one (1) month. (3) If the computational period is one (1) week and: (A) if the number of days in the interval to the due date of this first scheduled installment is less than five (5) days or more than nine (9) days but not more than eleven (11) days, the unearned credit service charge shall be increased by an adjustment for each day by which the interval is less than seven (7) days and, at the option of the seller, may be reduced by an adjustment for each day by which the interval is more than seven (7) days; the adjustment for each day shall be one-seventh (1/7) of that part of the credit service charge earned in the computational period prior to the due date of the first scheduled installment assuming that period to be one (1) week; and (B) if the interval to the final scheduled payment date is a number of computational periods plus an additional number of days less than a full week, the additional number of days shall be considered a computational period only if five (5) days or more. This clause applies whether or not clause (A) applies. (f) If a deferral under section 7 of this chapter has been agreed to, the unearned portion of the credit service charge shall be computed without regard to the deferral. The amount of deferral charge earned at the date of prepayment shall also be calculated. If the deferral charge earned is less than the deferral charge paid, the difference shall be added to the unearned portion of the credit service charge. If any part of a deferral charge has been earned but has not been paid, that part shall be subtracted from the unearned portion of the credit service charge or shall be added to the unpaid balance. (g) This section does not preclude the collection or retention by the seller of delinquency charges under section 6 of this chapter. (h) If the maturity is accelerated for any reason and judgment is obtained, the buyer is entitled to the same rebate as if payment had been made on the date judgment is entered. (i) Upon prepayment in full of a consumer credit sale by the proceeds of consumer credit insurance, the buyer or the buyer's estate shall pay the same credit service charge or receive the same rebate as though the buyer had prepaid the agreement on the date the proceeds of the insurance are paid to the seller, but no later than ten (10) business days after satisfactory proof of loss is furnished to the seller. This subsection applies whether or not the credit sale is precomputed. (j) Upon prepayment in full of a transaction with a term of more than sixty-one (61) months, the unearned part of the credit service charge shall be computed by applying the disclosed annual percentage rate that would yield the credit service charge originally contracted for to the unpaid balances of the amount financed for the full computational periods following the prepayment, as originally scheduled or as deferred. [Pre-2026 Revision Citation: 24-4.5-2-210.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-13 Disclosures required by Consumer Credit Protection Act; exempt transactions

Sec. 13. (a) For purposes of this section, "consumer credit sale" includes a sale that is a sale of an interest in land and that is a first lien mortgage transaction if the sale is otherwise a consumer credit sale. (b) The seller shall disclose to the buyer to whom credit is extended with respect to a consumer credit sale, and the lessor shall disclose to the lessee with respect to a consumer lease, the information required by the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.). (c) For purposes of subsection (b), disclosures shall not be required on a consumer credit sale if the transaction is exempt from the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.). [Pre-2026 Revision Citation: 24-4.5-2-301.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-14 Use of multiple agreements

Sec. 14. A seller may not use multiple agreements with intent to obtain a higher credit service charge than would otherwise be permitted by this article or to avoid disclosure of an annual percentage rate pursuant to section 13 of this chapter. The excess amount of credit service charge provided for in agreements in violation of this section is an excess charge for the purposes of the provisions on the effect of violations on rights of parties (IC 37-2-6-9) and the provisions on civil actions by the department (IC 37-2-7-14). [Pre-2026 Revision Citation: 24-4.5-2-402.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-15 Balloon payments

Sec. 15. (a) For the purposes of this section, "terms of the refinancing" means: (1) in the case of a fixed-rate consumer credit sale, the individual payment amounts, the charges as a result of default by the buyer, and the rate of the credit service charge; and (2) in the case of a variable rate consumer credit sale, the method used to determine the individual payment amounts, the charges as a result of default by the buyer, the method used to determine the rate of the credit service charge, the circumstances under which the rate of the credit service charge may increase, and any limitations on the increase in the rate of the credit service charge. (b) With respect to a consumer credit sale, other than one pursuant to a revolving charge account or one on which only credit service charges are payable before the time that the final scheduled payment is due, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the buyer has the right to refinance the amount of that payment at the time it is due without penalty. The terms of the refinancing shall be no less favorable to the buyer than the terms of the original sale. This section does not apply to the extent that the payment schedule is adjusted to the seasonal or irregular income of the buyer. [Pre-2026 Revision Citation: 24-4.5-2-405.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-16 Restriction on liability in consumer lease

Sec. 16. The obligation of a lessee upon expiration of a consumer lease may not exceed three (3) times the average payment allocable to a monthly period under the lease. This limitation does not apply to charges for damages to the leased property or for other default. [Pre-2026 Revision Citation: 24-4.5-2-406.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-17 Security interests

Sec. 17. (a) With respect to a consumer credit sale, a seller may take a security interest in the property sold. In addition, a seller may take a security interest in goods upon which services are performed or in which goods sold are installed or to which they are annexed, or in land to which the goods are affixed or which is maintained, repaired, or improved as a result of the sale of the goods or services, if, in the case of a subordinate lien mortgage transaction, the debt secured is four thousand dollars ($4,000) or more, or, in the case of a security interest in goods the debt secured is three hundred dollars ($300) or more. Except as provided with respect to cross-collateral in section 19 of this chapter, a seller may not otherwise take a security interest in property of the buyer to secure the debt arising from a consumer credit sale. (b) With respect to a consumer lease, a lessor may not take a security interest in property of the lessee to secure the debt arising from the lease. (c) A security interest taken in violation of this section is void. (d) The amounts of four thousand dollars ($4,000) and three hundred dollars ($300) in subsection (a) are subject to change pursuant to the provisions on adjustment of dollar amounts in IC 37-2-1-5. However, notwithstanding IC 37-2-1-5(a), the Reference Base Index to be used with respect to the amount of: (1) three hundred dollars ($300) is the Index for October 1992; and (2) four thousand dollars ($4,000) is the Index for October 2012. [Pre-2026 Revision Citation: 24-4.5-2-407.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-18 Leasing of live domestic animals prohibited

Sec. 18. The leasing of live domestic animals (as defined in IC 34-30-30-1) under this chapter is prohibited. [Pre-2026 Revision Citation: 24-4.5-2-407.5.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-19 Cross-collateral

Sec. 19. (a) As used in this section, "seller" does not include an assignee not related to the original seller. (b) In addition to contracting for a security interest pursuant to the provisions on security in sales or leases in section 17 of this chapter, a seller in a consumer credit sale may secure the debt arising from the sale by contracting for a security interest in other property if as a result of a prior sale the seller has an existing security interest in the other property. The seller may also contract for a security interest in the property sold in the subsequent sale as security for the previous debt. (c) If the seller contracts for a security interest in other property pursuant to this section, the rate of credit service charge thereafter on the aggregate unpaid balances so secured may not exceed that permitted if the balances so secured were consolidated pursuant to the provisions on consolidation involving a refinancing in section 9(a) of this chapter. The seller has a reasonable time after so contracting to make any adjustments required by this section. [Pre-2026 Revision Citation: 24-4.5-2-408.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-20 Debt secured by cross-collateral

Sec. 20. (a) If debts arising from two (2) or more consumer credit sales, other than sales pursuant to a revolving charge account, are secured by cross-collateral under section 19 of this chapter or consolidated into one (1) debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one (1) or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debt originally incurred with respect to each item is paid. (b) Payments received by the seller upon a revolving charge account are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of credit service charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made. (c) If the debts consolidated arose from two (2) or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debts secured by the various security interests, to have been applied first to the payment of the smallest debt. [Pre-2026 Revision Citation: 24-4.5-2-409.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-21 No assignment of earnings

Sec. 21. A seller or lessor may not take an assignment of earnings of the buyer or lessee for payment or as security for payment of a claim, whether arising out of a consumer credit sale, consumer lease, or otherwise. An assignment of earnings in violation of this section is unenforceable by the assignees of the earnings and revocable by the buyer or lessee. This section does not prohibit an employee from authorizing deductions from the employee's earnings if the authorization is revocable and is otherwise permitted by law. [Pre-2026 Revision Citation: 24-4.5-2-410.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-22 Referral sales

Sec. 22. With respect to a consumer credit sale or consumer lease the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the buyer or lessee as an inducement for a sale or lease in consideration of the buyer or lessee giving to the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease. If a buyer or lessee is induced by a violation of this section to enter into a consumer credit sale or consumer lease, the agreement is unenforceable by the seller or lessor and the buyer or lessee, at the buyer's or lessee's option, may rescind the agreement or retain the goods delivered and the benefit of any services performed, without any obligation to pay for them. [Pre-2026 Revision Citation: 24-4.5-2-411.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-23 Notice of assignment

Sec. 23. The buyer or lessee is authorized to pay the original seller or lessor until the buyer or lessee receives notification of assignment of the rights to payment pursuant to a consumer credit sale or consumer lease and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the buyer or lessee, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless the assignee does so the buyer or lessee may pay the seller or lessor. [Pre-2026 Revision Citation: 24-4.5-2-412.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-24 Attorney's fees

Sec. 24. With respect to a consumer credit sale or consumer lease the agreement may provide for the payment by the buyer or lessee of reasonable attorney's fees and after default and referral to an attorney not a salaried employee of the seller, or of the lessor or the lessor's assignee. A provision in violation of this section is unenforceable. [Pre-2026 Revision Citation: 24-4.5-2-413.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-25 Limitation on default charges

Sec. 25. Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a consumer credit sale may not provide for any charges as a result of default by the buyer other than those authorized by this article. A provision in violation of this section is unenforceable. [Pre-2026 Revision Citation: 24-4.5-2-414.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-26 Authorization to confess judgment prohibited

Sec. 26. A buyer or lessee may not authorize any person to confess judgment on a claim arising out of a consumer credit sale or consumer lease. An authorization in violation of this section is void. [Pre-2026 Revision Citation: 24-4.5-2-415.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-27 Creditor's duty to credit payment as of date of receipt; payments not conforming to requirements; creditor's failure to credit payment

Sec. 27. (a) This section applies to consumer credit sales, including revolving charge accounts. (b) Except as provided in subsection (c), a creditor shall credit a payment to a consumer's account as of the date of receipt, except when a delay in crediting does not result in a finance charge or other charge, including a delinquency charge under section 6 of this chapter. A delay in posting does not violate this section so long as the payment is credited as of the date of receipt. (c) If a creditor specifies in writing requirements for the consumer to follow in making payments, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within five (5) days of receipt of the payment. (d) If a creditor fails to credit a payment as required by this section in time to avoid the imposition of a finance or other charge, including a delinquency charge, the creditor shall adjust the consumer's account so that the charges imposed are credited to the consumer's account during the next payment period. [Pre-2026 Revision Citation: 24-4.5-2-417.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-28 Buyer's right to cancel

Sec. 28. The requirements of 16 CFR 429 must be met in regard to the following provisions concerning a home solicitation sale: (1) Period within which cancellation may be made by the buyer. (2) Notice of cancellation. (3) Form of cancellation. (4) Form of agreement or offer to purchase. (5) Statement of buyer's rights. (6) Restoration of down payment. (7) Retention of cancellation fee. (8) Duty of buyer. (9) Any other relevant requirements in 16 CFR 429. [Pre-2026 Revision Citation: 24-4.5-2-502.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-29 Sale subject to article by agreement of parties

Sec. 29. The parties to a sale other than a consumer credit sale may agree in a writing signed by the parties that the sale is subject to the provisions of this article applying to consumer credit sales. If the parties so agree, the sale is a consumer credit sale for the purposes of this article. [Pre-2026 Revision Citation: 24-4.5-2-601.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-30 Credit service charges with respect to consumer related sales; annual notice to department not required

Sec. 30. (a) With respect to a consumer related sale not made pursuant to a revolving charge account, the parties may contract for an amount comprising the amount financed and a credit service charge not in excess of twenty-five percent (25%) per year calculated according to the actuarial method on the unpaid balances of the amount financed. (b) With respect to a consumer related sale made pursuant to a revolving charge account, the parties may contract for a credit service charge not in excess of that permitted by the provisions on credit service charge for revolving charge accounts set forth in section 4(f) of this chapter. (c) A person engaged in consumer related sales is not required to comply with IC 37-2-7-24 through IC 37-2-7-26. [Pre-2026 Revision Citations: 24-4.5-2-602(2); 24-4.5-2-602(3); 24-4.5-2-602(4).] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-31 Applicability of other provisions to consumer related sales

Sec. 31. Except for the rate of the credit service charge set forth in section 4 of this chapter and the rights to prepay and to rebate upon prepayment, sections 4 through 12 of this chapter apply to a consumer related sale. [Pre-2026 Revision Citation: 24-4.5-2-603.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-32 Limitation on default charges in consumer related sales

Sec. 32. (a) An agreement with respect to a consumer related sale may provide for only the following charges as a result of the buyer's default: (1) Reasonable attorney's fees and reasonable expenses incurred in realizing on a security interest. (2) Deferral charges not in excess of twenty-five percent (25%) per year of the amount deferred for the period of deferral. (3) Other charges that could have been made had the sale been a consumer credit sale. (b) A provision in violation of this section is unenforceable. [Pre-2026 Revision Citation: 24-4.5-2-604.] As added by P.L.115-2026, SEC.97.

Ind. Code § 37-2-3-33 Credit service charge for other sales

Sec. 33. With respect to a sale other than a consumer credit sale or a consumer related sale, the parties may contract for the payment by the buyer of any credit service charge. [Pre-2026 Revision Citation: 24-4.5-2-605.] As added by P.L.115-2026, SEC.97.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/37Fetched: 10/17/2026