Indiana § 30-2-13-38 Uncured deceptive acts; violations; injunctive relief; private right of
action

Indiana Statutes

§ 30-2-13-38 — Uncured deceptive acts; violations; injunctive relief; private right of action

Indiana·Art. 2 GENERAL PROVISIONS·Ch. 13 Payment of Funeral, Burial Services, or Merchandise in

(a)A seller who violates a provision of this chapter commits an uncured deceptive act (as defined in IC 24-5-0.5-2).

(b)A person doing business as a sole proprietor, a firm, a limited liability company, a corporation, an association, or a partnership, but not acting as a seller that:

(1)sells or advertises prepaid services or merchandise or services or merchandise (as defined in section 8 of this chapter) and fails to obtain the certificate of authority required by section 33 of this chapter; or

(2)sells or advertises prepaid services or merchandise or services or merchandise (as defined in section 8 of this chapter) after the entity's certificate of authority has:

(A)expired; or

(B)been rescinded, revoked, or suspended by the board; commits a Class A misdemeanor. Each act committed

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A seller who violates a provision of this
chapter commits an uncured deceptive act (as defined in IC 24-5-0.5-2).
(b) A person doing business as a sole proprietor, a firm, a limited
liability company, a corporation, an association, or a partnership, but
not acting as a seller that:
(1) sells or advertises prepaid services or merchandise or services
or merchandise (as defined in section 8 of this chapter) and fails
to obtain the certificate of authority required by section 33 of this
chapter; or
(2) sells or advertises prepaid services or merchandise or services
or merchandise (as defined in section 8 of this chapter) after the
entity's certificate of authority has:
(A) expired; or
(B) been rescinded, revoked, or suspended by the board;
commits a Class A misdemeanor. Each act committed in violation of
this subsection constitutes a separate offense.
(c) The following may maintain an action to enjoin an individual or
entity from continuing to violate this section:
(1) The board.
(2) The attorney general.
(3) The prosecuting attorney of a county in which a violation
occurs.
(d) A purchaser has a private right of action against a seller who
commits an uncured deceptive act.
(e) A trustee or escrow agent, acting as a fiduciary, that disburses
funds in a trust or escrow account established under this chapter
without verifying that the seller has delivered the services or
merchandise for which the funds were deposited through the use of
documentation required under rules adopted by the state board of
funeral and cemetery service established by IC 25-15-9-1 commits a
Class A infraction.
(f) A person who knowingly or intentionally uses or disburses funds
in a trust or escrow account established under this chapter for purposes
other than the purposes required under this chapter commits a Level 5
felony.

Indiana § 30-2-13-38 (Uncured deceptive acts; violations; injunctive relief; private right of action) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.