Legal Definitions - Indiana

Indiana, in the context of commercial communication and consumer protection, refers to the specific laws enacted by the state of Indiana that regulate how businesses interact with consumers, particularly concerning unsolicited commercial messages and fair sales practices.

These laws aim to protect Indiana residents from unwanted solicitations and deceptive business activities. They cover various forms of communication, including commercial emails (spam), telemarketing calls, and fax solicitations, as well as broader unlawful trade practices.

• Example 1: Unsolicited Commercial Emails

  A small online retailer based outside Indiana decides to launch a marketing campaign by purchasing an email list and sending thousands of unsolicited promotional emails to Indiana residents. Many recipients did not opt-in to receive these messages and find them disruptive. Under Indiana's laws concerning commercial email and spam (such as those referenced in Ind. Code §§ 24-5-0.5-2 & 3 and Ind. Code §§ 24-5-22-1 et seq.), this retailer could face legal action if their email practices violate the state's anti-spam regulations, which often require consent or a clear opt-out mechanism and prohibit deceptive headers.

• Example 2: Telemarketing to a "Do Not Call" Number

  An Indiana resident has registered their phone number on the state's "Do Not Call" list to avoid unwanted telemarketing calls. Despite this, a solar panel installation company repeatedly calls their number, attempting to sell their services. This action would likely violate Indiana's telemarketing and telephonic anti-solicitation laws (e.g., Ind. Code §§ 24-4.7-1-1 et seq.), which prohibit businesses from contacting consumers who have indicated they do not wish to receive such calls. The resident could report the company, potentially leading to penalties for the business.

• Example 3: Deceptive Advertising for a Product

  A local car dealership in Indiana advertises a "limited-time offer" on a specific model, promising an impossibly low monthly payment with no down payment required. However, when customers arrive, they discover the advertised terms only apply to a single, heavily damaged vehicle, and all other cars require a substantial down payment and higher monthly rates. This practice could be considered an unlawful trade practice and a deceptive consumer sales act under Indiana law (specifically Ind. Code §§ 24-5-0.5-2 & 3), as the advertisement was misleading and intended to lure customers under false pretenses.