§ 28-1-29-13 — Enforcement by the department; civil penalties; department's recovery of costs; factors for determining amount of civil penalty; violation a Class A misdemeanor

Indiana § 28-1-29-13

• Jurisdiction: Indiana
• Art. 1: DEPARTMENT OF FINANCIAL INSTITUTIONS
• Ch. 29: Debt Management Companies

Text

(a) The department may enforce this chapter
and rules adopted under this chapter by taking one (1) or more of the
following actions:
(1) Order a debt management company or a director, employee,
or other agent of a debt management company to cease and desist
from any violations.
(2) Order a debt management company or a person that has
caused a violation to correct the violation, including making
restitution of money or property to a person aggrieved by a
violation.
(3) Prosecute a civil action to:
(A) enforce an order;
(B) obtain restitution, an injunction, or other equitable relief; or
(C) accomplish both clauses (A) and (B).
(b) Subject to subsection (c), if the department determines, after
notice and an opportunity to be heard, that a person has violated this
chapter, the department may, in addition to or instead of all other
remedies available under this section, impose upon the person a civil
penalty not greater than ten thousand dollars ($10,000) per violation.
(c) If a person violates or knowingly authorizes, directs, or aids in
the violation of a final order issued under subsection (a)(1) or (a)(2),
the department may impose a civil penalty of not more than twenty
thousand dollars ($20,000) for each violation.
(d) The department may maintain an action in any county to enforce
this chapter.
(e) The department may recover the reasonable costs of enforcing
this chapter under subsections (a) through (d), including attorney's fees.
(f) In determining the amount of a civil penalty to impose under
subsection (b) or (c), the department shall consider:
(1) the seriousness of the violation;
(2) the good faith of the person who violated this chapter;
(3) any previous violations by the person who violated this
chapter;
(4) the deleterious effect of the violation on the public;
(5) the net worth of the person who violated this chapter; and
(6) any other factor the department considers relevant to the
determination of a civil penalty.
(g) In addition to the revocation provision of section 4 of this
chapter, a person who violates section 3, 5, 6, 8, 8.3, 9, or 9.5 of this
chapter commits a Class A misdemeanor, and the license of the
licensee shall be revoked on the date of the conviction of an offense.
Formerly: Acts 1971, P.L.397, SEC.1; Acts 1972, P.L.10,
SEC.6. As amended by Acts 1978, P.L.2, SEC.2815; P.L.42-1993,
SEC.58; P.L.35-2010, SEC.135; P.L.89-2011, SEC.44.