Citations Affected: IC 24-5-0.5-4; IC 24-5-24.
Synopsis: Satellite sports blackouts. Prohibits a satellite television
carrier from deleting the live television broadcast of a sports event from
the programming provided to a subscriber in a community not served
by a cable operator, except in accordance with the federal satellite
sports blackout rules. Provides that if a satellite carrier receives notice
of a satellite sports blackout from the holder of the broadcast rights to
the event, the carrier shall not delete the sports event from the
programming provided to a subscriber located outside the relevant
specified zone for the blackout (as determined under federal law), even
if the subscriber lives within a ZIP code identified in the holder's
notice. Prohibits a satellite carrier from deleting a sports event if the
carrier has, within the relevant specified zone, fewer than 1,000
subscribers who subscribe to the: (1) nationally distributed
superstation; or (2) network station; carrying the event. Provides that
a knowing violation of the prohibited acts is: (1) a Class B
misdemeanor; and (2) a deceptive act actionable by the attorney
general. Provides that a subsequent violation is a Class A
misdemeanor. Provides a cause of action for: (1) damages; and (2)
injunctive relief; for a subscriber aggrieved by a violation.
Effective: Upon passage.
January 26, 2007, read first time and referred to Committee on Commerce, Energy and
Utilities.
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
time shares and camping club memberships. This subsection also does
not apply to a violation of IC 24-4.7, IC 24-5-12, or IC 24-5-14, or
IC 24-5-24. Actual damages awarded to a person under this section
have priority over any civil penalty imposed under this chapter.
(b) Any person who is entitled to bring an action under subsection
(a) on the person's own behalf against a supplier for damages for a
deceptive act may bring a class action against such supplier on behalf
of any class of persons of which that person is a member and which has
been damaged by such deceptive act, subject to and under the Indiana
Rules of Trial Procedure governing class actions, except as herein
expressly provided. Except as provided in subsection (j), the court may
award reasonable attorney fees to the party that prevails in a class
action under this subsection, provided that such fee shall be determined
by the amount of time reasonably expended by the attorney and not by
the amount of the judgment, although the contingency of the fee may
be considered. Any money or other property recovered in a class action
under this subsection which cannot, with due diligence, be restored to
consumers within one (1) year after the judgment becomes final shall
be returned to the party depositing the same. This subsection does not
apply to a consumer transaction in real property, except for purchases
of time shares and camping club memberships. Actual damages
awarded to a class have priority over any civil penalty imposed under
this chapter.
(c) The attorney general may bring an action to enjoin a deceptive
act. However, the attorney general may seek to enjoin patterns of
incurable deceptive acts with respect to consumer transactions in real
property. In addition, the court may:
(1) issue an injunction;
(2) order the supplier to make payment of the money unlawfully
received from the aggrieved consumers to be held in escrow for
distribution to aggrieved consumers;
(3) order the supplier to pay to the state the reasonable costs of
the attorney general's investigation and prosecution related to the
action; and
(4) provide for the appointment of a receiver.
(d) In an action under subsection (a), (b), or (c), the court may void
or limit the application of contracts or clauses resulting from deceptive
acts and order restitution to be paid to aggrieved consumers.
(e) In any action under subsection (a) or (b), upon the filing of the
complaint or on the appearance of any defendant, claimant, or any
other party, or at any later time, the trial court, the supreme court, or the
court of appeals may require the plaintiff, defendant, claimant, or any
other party or parties to give security, or additional security, in such
sum as the court shall direct to pay all costs, expenses, and
disbursements that shall be awarded against that party or which that
party may be directed to pay by any interlocutory order by the final
judgment or on appeal.
(f) Any person who violates the terms of an injunction issued under
subsection (c) shall forfeit and pay to the state a civil penalty of not
more than fifteen thousand dollars ($15,000) per violation. For the
purposes of this section, the court issuing an injunction shall retain
jurisdiction, the cause shall be continued, and the attorney general
acting in the name of the state may petition for recovery of civil
penalties. Whenever the court determines that an injunction issued
under subsection (c) has been violated, the court shall award
reasonable costs to the state.
(g) If a court finds any person has knowingly violated section 3 or
10 of this chapter, other than section 3(a)(19) of this chapter, the
attorney general, in an action pursuant to subsection (c), may recover
from the person on behalf of the state a civil penalty of a fine not
exceeding five thousand dollars ($5,000) per violation.
(h) If a court finds that a person has violated section 3(a)(19) of this
chapter, the attorney general, in an action under subsection (c), may
recover from the person on behalf of the state a civil penalty as follows:
(1) For a knowing or intentional violation, one thousand five
hundred dollars ($1,500).
(2) For a violation other than a knowing or intentional violation,
five hundred dollars ($500).
A civil penalty recovered under this subsection shall be deposited in
the consumer protection division telephone solicitation fund
established by IC 24-4.7-3-6 to be used for the administration and
enforcement of section 3(a)(19) of this chapter.
(i) An elderly person relying upon an uncured or incurable
deceptive act, including an act related to hypnotism, may bring an
action to recover treble damages, if appropriate.
(j) An offer to cure is:
(1) not admissible as evidence in a proceeding initiated under this
section unless the offer to cure is delivered by a supplier to the
consumer or a representative of the consumer before the supplier
files the supplier's initial response to a complaint; and
(2) only admissible as evidence in a proceeding initiated under
this section to prove that a supplier is not liable for attorney's fees
under subsection (k).
If the offer to cure is timely delivered by the supplier, the supplier may
submit the offer to cure as evidence to prove in the proceeding in
accordance with the Indiana Rules of Trial Procedure that the supplier
made an offer to cure.
(k) A supplier may not be held liable for the attorney's fees and
court costs of the consumer that are incurred following the timely
delivery of an offer to cure as described in subsection (j) unless the
actual damages awarded, not including attorney's fees and costs, exceed
the value of the offer to cure.
a television broadcast station, has the meaning set forth in 47 CFR
76.5(e).
Sec. 9. As used in this chapter, "subscriber"means a person in
Indiana who receives a secondary transmission service from a
satellite carrier and pays a fee for the service, directly or
indirectly, to the satellite carrier or to a distributor.
Sec. 10. (a) A satellite carrier shall not delete the live television
broadcast of a sports event from the programming provided to a
subscriber in a satellite community except in accordance with the
federal satellite sports blackout rules set forth in:
(1) 47 CFR 76.127; and
(2) 47 CFR 76.128.
(b) If a satellite carrier receives notification of a satellite sports
blackout from a holder under 47 CFR 76.127(b), the satellite
carrier shall not delete the sports event from the programming
provided to an individual subscriber who is located outside the
relevant specified zone, even if the subscriber lives within a ZIP
code identified by the holder in the holder's notification.
(c) If a satellite carrier receives notification of a satellite sports
blackout from a holder under 47 CFR 76.127(b), the satellite
carrier shall not delete the sports event if the satellite carrier has,
within the relevant specified zone, fewer than one thousand (1,000)
subscribers who subscribe to:
(1) the nationally distributed superstation; or
(2) the network station;
carrying the sports event for which the blackout is sought.
Sec. 11. A satellite carrier that knowingly violates section 10 of
this chapter commits a Class B misdemeanor. However, the offense
is a Class A misdemeanor if the satellite carrier has a previous
unrelated conviction under this chapter.
Sec. 12. A satellite carrier who knowingly violates this chapter
commits a deceptive act that is:
(1) actionable by the attorney general under IC 24-5-0.5-4(c);
and
(2) subject to the penalties set forth in IC 24-5-0.5;
to the extent permitted by federal law. An action by the attorney
general for a violation of this chapter may be brought in the circuit
or superior court of Marion County.
Sec. 13. (a) To the extent permitted by federal law, a subscriber
who is aggrieved by a violation of this chapter may bring an action
for the recovery of the subscriber's actual damages, including
court costs and attorney's fees, against the satellite carrier that
committed the violation. An action under this subsection may be
brought in the circuit or superior court of the aggrieved
subscriber's county of residence.
(b) To the extent permitted by federal law, upon petition by a
subscriber that a satellite carrier has violated this chapter, the
circuit or superior court of the subscriber's county of residence
may enjoin the satellite carrier from further violations. The
injunctive relief available under this subsection is in addition to
any damages to which a subscriber may be entitled under
subsection (a).