§ 24-5-12-8 — "Seller" defined

Indiana § 24-5-12-8

• Jurisdiction: Indiana
• Art. 5: CONSUMER SALES
• Ch. 12: Telephone Solicitations

Text

As used in this chapter, "seller" means a person
who, personally, through salespersons, or through the use of an
automated dialing and answering device, makes a solicitation if in the
solicitation any one (1) of the following occurs:
(1) There is a false representation or implication that a prospect
will receive a gift, prize, or the value of a gift or prize.
(2) There is an offer of a vacation at a reduced price if the
vacation involves the prospect attending a presentation in which
the prospect is solicited to purchase a time share or camping club
membership and if the seller does not own the time share or
camping club, does not represent the owner of the time share or
camping club, or misrepresents the value of the vacation. Terms
in this subdivision have the meaning set forth in IC 32-32.
(3) There is a representation or implication that a prospect who
buys office equipment or supplies will, because of some unusual
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
not exist.
(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.

Legislative History

As added by P.L.253-1987, SEC.1. Amended by P.L.2-2002, SEC.77; P.L.242-2019, SEC.8; P.L.105-2020, SEC.2.