§ 24-4.7-4-4 — Contracts and sales

Indiana § 24-4.7-4-4

• Jurisdiction: Indiana
• Art. 4.7: TELEPHONE SOLICITATION OF CONSUMERS
• Ch. 4: Telephone Solicitations

Text

(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:
(1) The contract must be reduced to writing and signed by the
consumer.
(2) The contract must contain the name, address, and business
telephone number of the seller, the total price of the contract, and
a detailed description of the goods or services being sold.
(3) The description of goods or services as stated in the contract
must be the same as the description principally used in the
telephone solicitation.
(4) The contract must contain, in bold, conspicuous type
immediately preceding the signature the words "you are not
obligated to pay any money unless you sign this contract and
return it to the seller".
(5) The contract may not exclude from its terms any oral or
written representations made by the telephone solicitor to the
consumer in connection with the transaction.

Legislative History

As added by P.L.189-2001, SEC.1. Amended by P.L.22-2002, SEC.1.