§ 24-4.7-4-5 — Transactions

Indiana § 24-4.7-4-5

• 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 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.

Legislative History

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