§ 4-6-9-4 — Powers and duties; telephone sales solicitation information

(a) The division has the following powers and
duties:
(1) The power to investigate any written consumer complaint
made by a nonmerchant arising from a transaction between a
merchant as defined in the Uniform Commercial Code and a
nonmerchant concerning sales, leases, assignments, awards by
chance, or other dispositions of goods, services, or repairs, and
intangibles to a person for purposes that are primarily personal,
familial, household, charitable, or agricultural, or a solicitation to
supply any of the above things. When a consumer trades in or
sells a motor vehicle to another consumer or nonconsumer, the
consumer shall be considered to be a nonconsumer and shall be
subject to the provisions of this chapter. The division shall have
no jurisdiction over matters concerning utilities subject to
regulation by the utility regulatory commission or by an agency of
the United States except that the provisions of subdivision (5)
shall apply and except as provided in IC 8-1-29.
(2) For complaints filed after August 31, 1984, the duty to
ascertain from the consumer whether the consumer consents to
public disclosure by the division of the filing of the complaint,
including the consumer's identity and telephone number, if any.
(3) The duty to notify the merchant of the nature of the complaint
by written communication and request a written reply.
(4) Upon receipt of reply, the duty to act as mediator between the
parties and attempt to resolve all complaints in a conciliatory
manner. The director of the division and the attorney general have
discretion whether to mediate complaints involving a de minimis
amount of money.
(5) If no reply is received or if the parties are unable to resolve
their differences, and no violation of federal or state statute or rule
is indicated, the duty to provide the complainant with a copy of all
correspondence relating to the matter.
(6) Whenever a violation of a state or federal law or
administrative rule is indicated, the duty to forward to the
appropriate state or federal agency a copy of the correspondence
and request that the agency further investigate the complaint and
report to the division upon the disposition of the complaint.
(7) The power to initiate and prosecute civil actions on behalf of
the state whenever an agency to which a complaint has been
forwarded fails to act upon the complaint within ten (10) working
days after its referral, or whenever no state agency has jurisdiction
over the subject matter of the complaint.
(8) The power to investigate a complaint against a temporary
health care services agency licensed under IC 16-52.
(b) All complaints and correspondence in the possession of the
division under this chapter are confidential unless disclosure of a
complaint or correspondence is:
(1) requested by the person who filed the complaint;
(2) consented to, in whole or in part, after August 31, 1984, by the
person who filed the complaint;
(3) in furtherance of an investigation by a law enforcement
agency; or
(4) necessary for the filing of an action by the attorney general
under IC 24-5-0.5.
(c) Notwithstanding subsection (b), the division may publicly
disclose information relating to the status of complaints under
subsection (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7).
(d) Except for a residential telephone number published in the most
recent quarterly telephone sales solicitation listing by the division
under IC 24-4.7-3 and except as provided in subsection (e), all
consumer information provided for the purposes of registering for or
maintaining the no telephone sales solicitation listing is confidential.
(e) The name, address, and telephone number of a registrant of the
most recent quarterly no telephone sales solicitation listing may be
released for journalistic purposes if the registrant consents to the
release of information after June 30, 2007.
Formerly: Acts 1971, P.L.22, SEC.1. As amended by
P.L.12-1984, SEC.1; P.L.17-1985, SEC.2; P.L.23-1988, SEC.1;
P.L.18-1997, SEC.1; P.L.92-1998, SEC.1; P.L.49-2003, SEC.1;
P.L.136-2007, SEC.2; P.L.215-2016, SEC.48; P.L.149-2023,
SEC.1.