Citations Affected: IC 24-5-12-8 ; IC 24-5-12-9 ; IC 24-5-12.5.
Synopsis: Telemarketing. Requires telephone solicitors doing
business in Indiana to register with the office of the attorney general.
Requires the consumer protection division of the office of the attorney
general to establish and maintain a data base of telephone numbers of
residential telephone service subscribers who do not wish to be
solicited by telephone. Establishes a $500 annual fee for a person or
entity that makes telephone solicitations to access the names in the data
base. Requires a telephone solicitor to state the solicitor's identity at the
beginning of a telephone solicitation call. Appropriates a sum of money
from the state general fund sufficient to carry out the program for the
period beginning July 1, 2000, and ending June 30, 2001. Establishes
other requirements for telephone solicitations.
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Commerce and Economic
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulations and to make an appropriation.
event or imminent price increase, be able to buy these items at
prices that are below those that are usually charged or will be
charged for the items if the price advantage for the prospect does
(4) There is a false representation or implication as to the identity
of the person making the solicitation.
(5) There is a representation or implication that the items for sale
are manufactured or supplied by a person other than the actual
manufacturer or supplier.
(6) There is an offer to sell the prospect precious metals, precious
stones, coal, or other minerals, or any interest in oil, gas, or
mineral fields, wells, or exploration sites, if the seller does not
own the items, does not represent the owner, or misrepresents the
value of the items. an individual, a firm, an organization, a
partnership, an association, or a corporation, including
affiliates and subsidiaries, doing business in Indiana, except
those subject to 47 CFR parts 64 and 68, that makes or causes
to be made a telephonic sales call, including calls made by use
of automated dialing or recorded message devices.
telephone number would affect the notice.
(4) Specify the methods by which an objection and revocation must be collected and added to the data base.
(5) Specify the methods by which a person or entity that makes telephone solicitations may obtain access to the data base as required by this chapter.
(6) Other actions necessary to implement this chapter.
(d) If, under 47 U.S.C. 227(c)(3), the Federal Communications Commission establishes a single national data base of telephone numbers of subscribers who object to receiving telephone solicitations, the division shall include the part of the single national data base that relates to Indiana in the data base established by this chapter.
Sec. 7. (a) A person or entity that makes a telephone solicitation shall be charged a fee of five hundred dollars ($500) per year, payable to the division, for access to or for paper or electronic copies of the data base established by this chapter.
(b) A fee imposed under this section must be deposited in the consumer protection division solicitation fund established by section 8 of this chapter.
Sec. 8. (a) The consumer protection division solicitation fund is established for the purpose of the administration of this chapter.
(b) The fund shall be administered by the consumer protection division of the office of the attorney general.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
Sec. 9. Information contained in the data base established by this chapter shall be used only for the purpose of compliance with this chapter or in a proceeding or action under section 13 or 14 of this chapter and is not subject to public inspection or disclosure under IC 5-14-3.
Sec. 10. (a) A person or entity that makes a telephone solicitation to the telephone line of a residential subscriber in Indiana shall, at the beginning of the call, state clearly the identity of the person or entity initiating the call.
(b) A person or entity that makes a telephone solicitation to the telephone line of a residential subscriber in Indiana shall not knowingly use a method to block or otherwise circumvent a subscriber's use of a caller identification service.
Sec. 11. The division shall investigate complaints received concerning violations of this chapter.
Sec. 12. A person who receives a telephone solicitation by or on behalf of a person or entity in violation of section 5 or 10 of this
chapter may request the attorney general's office to take action.
Sec. 13. Upon petition by any person that a person or entity that makes telephone solicitations has failed to comply with this chapter, the circuit or superior court with jurisdiction in the county of residence of the petitioner may enjoin the person or entity that makes the telephone solicitations from further violations.
Sec. 14. A person or entity that makes telephone solicitations and fails to comply with any provision of this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 (c) and is subject to the penalties set forth in IC 24-5-0.5. In addition, the attorney general may bring an action to receive two thousand dollars ($2,000) in damages for each knowing violation. An action by the attorney general for a violation of this chapter may be brought in the jurisdiction where the offense occurred.
Sec. 15. It is a defense in any action or proceeding brought under section 13 or 14 of this chapter that the defendant had established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this chapter.
Sec. 16. An action or proceeding may not be brought under section 13 or 14 of this chapter more than two (2) years after the later of:
(1) the occurrence of the alleged violation; or
(2) the termination of any proceeding or action by the attorney general.
Sec. 17. A provider of a telephone caller identification service is not liable for violations of this chapter committed by another person or entity.
Sec. 18. This chapter does not relieve a person from complying with any other statute or ordinance.
2000, and ending June 30, 2001.
(b) This SECTION expires July 1, 2001.