Citations Affected: IC 4-6-9-4.
Synopsis: Credit or charge card complaints. Requires the division of
consumer protection, upon receipt of a complaint of a violation of a
state or federal law or administrative rule concerning credit or charge
cards, to forward to the appropriate state or federal agency a copy of
the complaint and request that the agency further investigate the
complaint and report to the division upon the disposition of the
complaint.
Effective: July 1, 2007.
January 23, 2007, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
except that the provisions of subdivision (5) shall apply and
except as provided in IC 8-1-29.
(2) For complaints filed after August 31, 1984, the duty to
ascertain from the consumer whether the consumer consents to
public disclosure by the division of the filing of the complaint,
including the consumer's identity and telephone number, if any.
(3) The duty to notify the merchant of the nature of the complaint
by written communication and request a written reply.
(4) Upon receipt of reply, the duty to act as mediator between the
parties and attempt to resolve all complaints in a conciliatory
manner. The director of the division and the attorney general have
discretion whether to mediate complaints involving a de minimis
amount of money.
(5) If no reply is received or if the parties are unable to resolve
their differences, and no violation of federal or state statute or rule
is indicated, the duty to provide the complainant with a copy of all
correspondence relating to the matter.
(6) Whenever a violation of a state or federal law or
administrative rule is indicated, the duty to forward to the
appropriate state or federal agency a copy of the correspondence
and request that the agency further investigate the complaint and
report to the division upon the disposition of the complaint.
(7) The power to initiate and prosecute civil actions on behalf of
the state whenever an agency to which a complaint has been
forwarded fails to act upon the complaint within ten (10) working
days after its referral, or whenever no state agency has jurisdiction
over the subject matter of the complaint.
(8) Upon receipt of a complaint of a violation of a state or
federal law or administrative rule concerning credit or charge
cards, the duty to:
(A) forward to the appropriate state or federal agency a
copy of the complaint; and
(B) request that the agency further investigate the
complaint and report to the division upon the disposition
of the complaint.
(b) All complaints and correspondence in the possession of the
division under this chapter are confidential unless disclosure of a
complaint or correspondence is:
(1) requested by the person who filed the complaint;
(2) consented to, in whole or in part, after August 31, 1984, by the
person who filed the complaint;
(3) in furtherance of an investigation by a law enforcement
agency; or
(4) necessary for the filing of an action by the attorney general
under IC 24-5-0.5.
(c) Notwithstanding subsection (b), the division may publicly
disclose information relating to the status of complaints under
subsection (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7), and (a)(8).