Ind. Code ch. 24-4.7-5

in effect

Ind. Code § 24-4.7-5-0.1 Application of certain amendments to chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.222-2005 apply only to a contract entered into or renewed after July 1, 2005. As added by P.L.220-2011, SEC.393.

Ind. Code § 24-4.7-5-1 Deceptive acts; state contractors

Sec. 1. (a) A telephone solicitor, a supplier, or a caller who fails to comply with any provision of IC 24-4.7-4 commits a deceptive act that is actionable by the attorney general under this chapter. (b) A person who directly or indirectly controls a person that fails to comply with any provision of IC 24-4.7-4 commits a separate deceptive act that is actionable by the attorney general under this chapter. (c) If: (1) the person described in subsection (b) is an executive with respect to a telephone solicitor, a supplier, or a caller; and (2) the telephone solicitor, supplier, or caller fails to comply with any provision of IC 24-4.7-4; the person described in subsection (b) commits a separate deceptive act that is actionable by the attorney general under this chapter. (d) A contractor who contracts or seeks to contract with the state: (1) may be prohibited from contracting with the state; or (2) may have an existing contract with the state voided; if the contractor, an affiliate or principal of the contractor, a person that directly or indirectly controls the contractor, any agent acting on behalf of the contractor or an affiliate or principal of the contractor, or a person that directly or indirectly controls the agent does not comply or has not complied with the terms of this article, even if this article is preempted by federal law. As added by P.L.189-2001, SEC.1. Amended by P.L.165-2005, SEC.5 and P.L.222-2005, SEC.32; P.L.61-2014, SEC.6; P.L.153-2017, SEC.5; P.L.242-2019, SEC.5.

Ind. Code § 24-4.7-5-2 Remedies

Sec. 2. (a) In an action under this chapter, the attorney general may obtain any or all of the following: (1) An injunction to enjoin future violations of IC 24-4.7-4. (2) A civil penalty of not more than the following: (A) Ten thousand dollars ($10,000) for the first violation of IC 24-4.7-4. (B) Twenty-five thousand ($25,000) dollars for each violation after the first violation. For purposes of this subdivision, each telephone call in violation of IC 24-4.7-4-1 is considered a separate violation. (3) All money the defendant obtained through violation of IC 24-4.7-4. (4) The attorney general's reasonable costs in: (A) the investigation of the deceptive act; and (B) maintaining the action. (5) Reasonable attorney's fees. (6) Costs of the action. (b) Except as provided in subsection (c), the attorney general may obtain the remedies described in subsection (a) separately against or from each person that violates IC 24-4.7-4-1, including a person that directly or indirectly controls a person that violates IC 24-4.7-4-1. (c) This subsection applies only to a person that directly or indirectly controls a person that violates IC 24-4.7-4-1. A person to which this subsection applies is not liable for a civil penalty under subsection (a)(2) if the person establishes by a preponderance of the evidence that the person: (1) did not know; and (2) in the exercise of reasonable care could not have known; of the violation. As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.6.

Ind. Code § 24-4.7-5-3 Voidable contracts

Sec. 3. In an action under this chapter, the court may void or limit the application of contracts or clauses resulting from deceptive acts and order restitution to be paid to an aggrieved consumer. As added by P.L.189-2001, SEC.1.

Ind. Code § 24-4.7-5-4 Statute of limitations

Sec. 4. An action brought under this chapter may not be brought more than two (2) years after the occurrence of the deceptive act. As added by P.L.189-2001, SEC.1.

Ind. Code § 24-4.7-5-5 Jurisdiction

Sec. 5. An action under this chapter may be brought in the circuit or superior court of Marion County. As added by P.L.189-2001, SEC.1.

Ind. Code § 24-4.7-5-6 Representation of state

Sec. 6. The attorney general may employ counsel to represent the state in an action under this chapter. As added by P.L.189-2001, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/24Fetched: 10/17/2026