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IC 24-4.7-4-2
Violations; disclosure
Sec. 2. A telephone solicitor who makes a telephone sales call to
a telephone number shall immediately disclose the following
information upon making contact with the consumer:
(1) The solicitor's true first and last name.
(2) The name of the business on whose behalf the telephone
solicitor is soliciting.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-3
Directories
Sec. 3. (a) This section does not apply to a person obtaining
consumer information for inclusion in directory assistance and
telephone directories sold by telephone companies.
(b) A telephone solicitor or person who obtains consumer
information that includes telephone numbers shall exclude the
telephone numbers that appear on the division's most current listing.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-4
Contracts and sales
Sec. 4. (a) This section does not apply to any of the following:
(1) A sale in which:
(A) no prior payment is made to a merchant;
(B) an invoice accompanies the goods or services; and
(C) a consumer is allowed seven (7) days to cancel the
services or return the goods without obligation for payment.
(2) A contractual agreement that:
(A) requires payment; and
(B) allows the consumer at least ten (10) days to cancel the
contract and receive a full refund of the payment.
(3) A sale regulated by 170 IAC 7-1.1-19.
(4) A newspaper subscription executed through a telephone call.
(b) A contract made under a telephone sales call is not valid and
enforceable against a consumer unless the contract complies with
this section.
(c) A contract made under a telephone sales call must satisfy all
of the following:
IC 24-4.7-4-5
Transactions
Sec. 5. (a) This section does not apply to any of the following:
(1) A transaction made in accordance with prior negotiations in
the course of a visit by a consumer to a merchant that operates
a retail business establishment that has a fixed, permanent
location where consumer goods are displayed or offered for sale
on a continuing basis.
(2) A transaction in which:
(A) a consumer may obtain a full refund for the return of
undamaged and unused goods; or
(B) a consumer may, within seven (7) days after receipt of
merchandise by a consumer, give a cancellation of services
notice to a seller and return the merchandise, and the seller
must process the refund within thirty (30) days after receipt
of the returned merchandise.
(3) A transaction in which a consumer purchases goods or
services under a television, radio, or print advertisement or a
sample, brochure, or catalog of a merchant that contains:
(A) the name, address, and business telephone number of the
merchant;
(B) a description of the goods or services being sold; and
(C) limitations or restrictions that apply to the offer.
(4) A transaction in which a merchant is a bona fide charitable
organization.
(b) A contract made under a telephone sales call in violation of
this section is not valid and enforceable against a consumer.
(c) A merchant who engages a telephone solicitor to make or
cause to be made a telephone sales call may not:
(1) make or submit a charge to a consumer's credit card account;
or
(2) make or cause to be made any electronic transfer of funds;
until the merchant receives from the consumer a copy of the contract,
signed by the consumer, that complies with this chapter.
As added by P.L.189-2001, SEC.1.
IC 24-4.7-4-6
Other applicable law
Sec. 6. A telephone solicitor must also comply with all other
applicable laws, including the following, if applicable:
(1) IC 24-5-12.
(2) IC 24-5-14.
As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.2.