Information Maintained by the Office of Code Revision Indiana Legislative Services Agency

IC 24-4.7-2
     Chapter 2. Definitions

IC 24-4.7-2-1
Applicability of definitions
    
Sec. 1. The definitions in this chapter apply throughout this article.
As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-2
"Consumer"
    
Sec. 2. (a) "Consumer" means a residential telephone subscriber who:
        (1) for the telephone service received:
            (A) has a place of primary use in Indiana; or
            (B) is issued an Indiana telephone number or an Indiana identification number; and
        (2) is an actual or a prospective:
            (A) purchaser, lessee, or recipient of consumer goods or services; or
            (B) donor to a charitable organization.
    (b) The term includes a user of a prepaid wireless calling service (as defined in IC 6-2.5-1-22.4) who:
        (1) is issued an Indiana telephone number or an Indiana identification number for the service; or
        (2) purchases prepaid wireless calling service in a retail transaction that is sourced to Indiana (as determined under IC 6-2.5-12-16).
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.6.

IC 24-4.7-2-3
"Consumer goods or services"
    
Sec. 3. "Consumer goods or services" means any of the following:
        (1) Tangible or intangible personal property or real property that is normally used for personal, family, or household purposes.
        (2) Property intended to be attached to or installed on real property without regard to whether it is attached or installed.
        (3) Services related to property described in subdivision (1) or (2).
        (4) Credit cards or the extension of credit.
As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-4
"Division"
    
Sec. 4. "Division" refers to the consumer protection division of the office of the attorney general.
As added by P.L.189-2001, SEC.1.



IC 24-4.7-2-5
"Doing business in Indiana"
    
Sec. 5. "Doing business in Indiana" means:
        (1) making; or
        (2) causing others to make;
telephone sales calls to consumers located in Indiana whether the telephone sales calls are made from a location in Indiana or outside Indiana.
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.7.

IC 24-4.7-2-6
"Fund"
    
Sec. 6. "Fund" refers to the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6.
As added by P.L.189-2001, SEC.1.

IC 24-4.7-2-7
"Listing"
    
Sec. 7. "Listing" refers to the no telephone sales solicitation listing published by the division under IC 24-4.7-3 that lists the telephone numbers of consumers who do not wish to receive telephone sales calls.
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.8.

IC 24-4.7-2-7.5
"Place of primary use"
    
Sec. 7.5. "Place of primary use", with respect to a telephone subscriber, means the street address representative of where the subscriber's use of the telephone service primarily occurs, which must be:
        (1) the residential street address of the subscriber or, in the case of a subscriber of interconnected VOIP service, the subscriber's registered location (as defined in 47 CFR 9.3); and
        (2) in the case of mobile telecommunications services (as defined in IC 6-8.1-15-7), within the licensed service area of the home service provider, as set forth in IC 6-8.1-15-8.
As added by P.L.226-2011, SEC.9.

IC 24-4.7-2-8
"Telephone number"
    
Sec. 8. "Telephone number" means a residential telephone number that:
        (1) is assigned to a subscriber who has a place of primary use in Indiana; or
        (2) otherwise represents an Indiana telephone number or is associated with an Indiana identification number.
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.10.



IC 24-4.7-2-9
"Telephone sales call"
    
Sec. 9. (a) "Telephone sales call" means a telephone call made to a consumer for any of the following purposes:
        (1) Solicitation of a sale of consumer goods or services.
        (2) Solicitation of a charitable contribution.
        (3) Obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.
    (b) The term includes any of the following:
        (1) A call made by use of an automated dialing device.
        (2) A call made by use of a recorded message device.
        (3) Transmission of:
            (A) a text message; or
            (B) a graphic message;
        using short message service (SMS).
        (4) Transmission of:
            (A) an image;
            (B) a photograph; or
            (C) a multimedia message;
        using multimedia messaging service (MMS).
As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.11.

IC 24-4.7-2-10
"Telephone solicitor"
    
Sec. 10. "Telephone solicitor" means an individual, a firm, an organization, a partnership, an association, or a corporation, including affiliates and subsidiaries, doing business in Indiana.
As added by P.L.189-2001, SEC.1.