§ 24-7-5-12 — Fee for accepting rental payments by telephone

(a) A lessor may contract for and receive a fee
for accepting rental payments by telephone in connection with a rental
purchase agreement, if all of the following conditions are met:
(1) The fee is assessed only upon request by the lessee for the
underlying payment by telephone service.
(2) The payment by telephone service is not established in
advance, under the rental purchase agreement or otherwise, as the
expected method for making rental payments under the rental
purchase agreement.
(3) The fee does not exceed three dollars ($3).
(4) The lessee retains the right to make rental payments by
payment methods in connection with which no additional fee
would be assessed or incurred (including in-person payments and
payments by mail) as a result of such alternative payment
methods.
(5) The fee is contracted for and disclosed by the lessor in the
rental purchase agreement.
(6) The lessor posts a sign at each store location disclosing to
existing and prospective lessees:
(A) the amount of the fee;
(B) the lessee's right and option to make rental payments by
alternative payment methods and not be assessed or incur an
additional fee; and
(C) the alternative payment methods offered by the lessor in
connection with which no additional fee would be assessed or
incurred.
(7) The lessor's books and records provide an audit trail sufficient
to allow the department and its examiners to confirm the lessee's
compliance with the conditions listed in subdivisions (1) through
(6).
(b) A fee may not be charged under this section unless there is
interaction between a live employee or representative of the lessor and
the lessee.

Legislative History

As added by P.L.222-2013, SEC.4. Amended by P.L.85-2020, SEC.18; P.L.159-2020, SEC.69.