§ 28-1-29-15 — Providing materials and agreements electronically; consumer's consent required; disclosures through Internet web site; debtor's right to request written copy

Indiana § 28-1-29-15

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

Text

(a) As used in this section, "consumer"
means an individual who seeks or obtains goods or services that are
used primarily for personal, family, or household purposes.
(b) As used in this section, "federal act" means the Electronic
Signatures in Global and National Commerce Act (15 U.S.C. 7001 et
seq., as amended).
(c) A licensee may satisfy the requirements of section 7.7, 8, or 9 of
this chapter by means of the Internet or other electronic means if the
licensee obtains a consumer's consent in the manner provided by
Section 101(c)(1) of the federal act.
(d) The disclosures and materials required by section 7.7, 8, or 9 of
this chapter shall be presented in a form that is capable of being
accurately reproduced for later reference.
(e) With respect to disclosure by means of an Internet web site, the
disclosure of the information required by section 7.7 of this chapter
must appear on one (1) or more screens that:
(1) contain no other information; and
(2) the debtor must see before proceeding to assent to formation
of an agreement.
(f) At the time of providing the materials and agreement required by
sections 7.7, 8, and 9 of this chapter, a licensee shall inform the debtor
that upon electronic, telephonic, or written request, the licensee shall:
(1) send the debtor a written copy of the materials; and
(2) comply with a request as provided in subsection (g).
(g) If a licensee is requested, after an agreement is completed or
terminated, to send a written copy of the materials required by section
7.7, 8, or 9 of this chapter, the licensee shall send the materials at no
charge to the debtor not later than three (3) business days after the
request. However, the licensee is not required to comply with a request
more than once per calendar month or if the licensee reasonably
believes the request is made for purposes of harassment.
(h) A licensee that maintains an Internet web site shall disclose on
the home page of the licensee's web site or on a page that is clearly and
conspicuously connected to the home page by a link that clearly reveals
the following:
(1) The licensee's name and all names under which the licensee
does business.
(2) The licensee's principal business address, telephone number,
and electronic mail address, if any.
(3) The names of the licensee's principal officers.
(i) A licensee may not terminate the licensee's agreement because
a consumer who has consented to electronic communication in the
manner provided by Section 101 of the federal act withdraws consent
as provided in the federal act.

Legislative History

As added by P.L.35-2010, SEC.137.