Uncured deceptive acts; violations; injunctive relief; private right
of action
Sec. 38. (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(B) been rescinded, revoked, or suspended by the board;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.
As added by P.L.114-1999, SEC.19.
Last modified: May 27, 2006