§ 24-4.7-5-2 — Remedies

Indiana § 24-4.7-5-2

• Jurisdiction: Indiana
• Art. 4.7: TELEPHONE SOLICITATION OF CONSUMERS
• Ch. 5: Civil Remedies

Text

(a) In an action under this chapter, the attorney
general may obtain any or all of the following:
(1) An injunction to enjoin future violations of IC 24-4.7-4.
(2) A civil penalty of not more than the following:
(A) Ten thousand dollars ($10,000) for the first violation of IC 24-4.7-4.
(B) Twenty-five thousand ($25,000) dollars for each violation
after the first violation.
For purposes of this subdivision, each telephone call in violation
of IC 24-4.7-4-1 is considered a separate violation.
(3) All money the defendant obtained through violation of IC 24-4.7-4.
(4) The attorney general's reasonable costs in:
(A) the investigation of the deceptive act; and
(B) maintaining the action.
(5) Reasonable attorney's fees.
(6) Costs of the action.
(b) Except as provided in subsection (c), the attorney general may
obtain the remedies described in subsection (a) separately against or
from each person that violates IC 24-4.7-4-1, including a person that
directly or indirectly controls a person that violates IC 24-4.7-4-1.
(c) This subsection applies only to a person that directly or
indirectly controls a person that violates IC 24-4.7-4-1. A person to
which this subsection applies is not liable for a civil penalty under
subsection (a)(2) if the person establishes by a preponderance of the
evidence that the person:
(1) did not know; and
(2) in the exercise of reasonable care could not have known;
of the violation.

Legislative History

As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.6.