Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 17
AN ACT to amend the Indiana Code concerning trade regulation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 24-4-23 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]:
Chapter 23. Age Verification for Adult Oriented Websites
Sec. 1. "Adult oriented website" means a publicly accessible
website that publishes material harmful to minors, if at least
one-third (1/3) of the images and videos published on the website
depict material harmful to minors.
Sec. 2. "Adult oriented website operator" means a person that
owns or operates an adult oriented website. The term does not
include the following:
(1) A newspaper or news service that publishes news related
information through a website.
(2) A cloud service provider.
(3) An Internet provider, an affiliate or subsidiary of an
Internet provider, or a search engine that:
(A) solely provides access or connection to a website or
other Internet content that is not under the control of that
Internet service provider, affiliate or subsidiary, or search
engine; and
(B) is not responsible for creating or publishing the content
that constitutes material harmful to minors.
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Sec. 3. "Material harmful to minors" means matter or a
performance described in IC 35-49-2-2.
Sec. 4. "Minor" means a person less than eighteen (18) years of
age.
Sec. 5. "Mobile credential" has the meaning set forth in
IC 9-13-2-103.4.
Sec. 6. "Person" means a human being, a corporation, a limited
liability company, a partnership, an unincorporated association, or
a governmental entity.
Sec. 7. "Reasonable age verification method" means a method
of determining that an individual seeking to access a website
containing material harmful to minors is not a minor by using one
(1) or more of the following methods:
(1) A mobile credential.
(2) An independent third party age verification service that
compares the identifying information entered by the
individual who is seeking access with material that is available
from a commercially available data base, or an aggregate of
data bases, that is regularly used by government agencies and
businesses for the purpose of age and identity verification.
(3) Any commercially reasonable method that relies on public
or private transactional data to verify the age of the
individual attempting to access the material.
Sec. 8. "Transactional data" means a sequence of information
that documents an exchange, agreement, or transfer between an
individual, commercial entity, or third party used for the purpose
of satisfying a request or event. The term includes records that
relate to a mortgage, education, or employment.
Sec. 9. "Verification information" means all information, data,
and documents provided by an individual for the purposes of
verification of identity or age under this chapter.
Sec. 10. An adult oriented website operator may not knowingly
or intentionally publish an adult oriented website unless the adult
oriented website operator uses a reasonable age verification
method to prevent a minor from accessing the adult oriented
website.
Sec. 11. (a) If:
(1) an adult oriented website operator knowingly or
intentionally publishes an adult oriented website in violation
of section 10 of this chapter; and
(2) a minor accesses the adult oriented website;
the parent or guardian of the minor who accessed the adult
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oriented website may bring an action against the adult oriented
website operator.
(b) A parent or guardian who prevails in an action described in
this section is entitled to:
(1) either:
(A) actual damages; or
(B) damages of up to five thousand dollars ($5,000);
(2) injunctive relief; and
(3) court costs, reasonable attorney's fees, and other
reasonable expenses of litigation, including expert witness
fees.
Sec. 12. (a) If an adult oriented website operator publishes an
adult oriented website in violation of section 10 of this chapter, any
person may bring an action to seek injunctive relief.
(b) A person that brings an action for injunctive relief under
this section and prevails is entitled to:
(1) injunctive relief; and
(2) court costs, reasonable attorney's fees, and other
reasonable expenses of litigation, including expert witness
fees.
Sec. 13. (a) This section applies to a person that uses or purports
to use a reasonable age verification method to grant or deny access
to an adult oriented website.
(b) A person to which this section applies, and any third party
verification service used by a person to which this section applies,
may not retain identifying information of the person seeking access
to an adult oriented website, unless retention of the identifying
information is required by a court order.
(c) An individual whose identifying information is retained in
violation of this section may bring an action against the person that
unlawfully retained the individual's identifying information. An
individual who prevails in an action described in this section is
entitled to:
(1) either:
(A) actual damages; or
(B) damages of up to five thousand dollars ($5,000);
(2) injunctive relief; and
(3) court costs, reasonable attorney's fees, and other
reasonable expenses of litigation, including expert witness
fees.
Sec. 14. Adult oriented website operators must use commercially
reasonable methods to secure all information collected and
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transmitted under this chapter.
Sec. 15. The attorney general may bring an action under this
chapter to obtain any or all of the following against an adult
oriented website, accessible by an Indiana resident, that does not
implement or properly use a reasonable age verification method:
(1) An injunction to enjoin future violations of this chapter.
(2) A civil penalty of not more than two hundred fifty
thousand dollars ($250,000).
(3) The attorney general's reasonable costs in:
(A) the investigation of the violations under this chapter;
and
(B) maintaining the action.
Sec. 16. When the attorney general has reasonable cause to
believe that any person has engaged in, is engaging in, or is about
to engage in a violation of this chapter, the attorney general is
empowered to issue civil investigative demands under IC 4-6-3-3
to investigate the suspected violation.
Sec. 17. In an action filed under sections 11, 12, 13, and 15 of
this chapter, the verification information of a minor who accessed
the adult oriented website shall remain confidential. The clerk of
the court shall place all records of the minor who accessed the
adult oriented website in an envelope marked "confidential" inside
the court's file pertaining to the minor. Records placed in the
confidential envelope may only be released to:
(1) the judge or any authorized staff member;
(2) a party and the party's attorney;
(3) the parents of a minor who accessed the adult oriented
website; or
(4) any person having a legitimate interest in the work of the
court or in a particular case as determined by the presiding
judge or their successor who shall consider the best interests,
safety, and welfare of the minor.
SECTION 2. IC 24-4.9-2-10, AS ADDED BY P.L.125-2006,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10. "Personal information" means:
(1) a Social Security number that is not encrypted or redacted; or
(2) an individual's first and last names, or first initial and last
name, and one (1) or more of the following data elements that are
not encrypted or redacted:
(A) A driver's license number.
(B) A state identification card number.
(C) A credit card number.
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(D) A financial account number or debit card number in
combination with a security code, password, or access code
that would permit access to the person's account; or
(3) information collected by an adult oriented website
operator, or their designee, under IC 24-4-23.
The term does not include information that is lawfully obtained from
publicly available information or from federal, state, or local
government records lawfully made available to the general public.
SECTION 3. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction. Such an act, omission, or practice by a supplier
is a violation of this chapter whether it occurs before, during, or after
the transaction. An act, omission, or practice prohibited by this section
includes both implicit and explicit misrepresentations.
(b) Without limiting the scope of subsection (a), the following acts,
and the following representations as to the subject matter of a
consumer transaction, made orally, in writing, or by electronic
communication, by a supplier, are deceptive acts:
(1) That such subject of a consumer transaction has sponsorship,
approval, performance, characteristics, accessories, uses, or
benefits it does not have which the supplier knows or should
reasonably know it does not have.
(2) That such subject of a consumer transaction is of a particular
standard, quality, grade, style, or model, if it is not and if the
supplier knows or should reasonably know that it is not.
(3) That such subject of a consumer transaction is new or unused,
if it is not and if the supplier knows or should reasonably know
that it is not.
(4) That such subject of a consumer transaction will be supplied
to the public in greater quantity than the supplier intends or
reasonably expects.
(5) That replacement or repair constituting the subject of a
consumer transaction is needed, if it is not and if the supplier
knows or should reasonably know that it is not.
(6) That a specific price advantage exists as to such subject of a
consumer transaction, if it does not and if the supplier knows or
should reasonably know that it does not.
(7) That the supplier has a sponsorship, approval, or affiliation in
such consumer transaction the supplier does not have, and which
the supplier knows or should reasonably know that the supplier
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does not have.
(8) That such consumer transaction involves or does not involve
a warranty, a disclaimer of warranties, or other rights, remedies,
or obligations, if the representation is false and if the supplier
knows or should reasonably know that the representation is false.
(9) That the consumer will receive a rebate, discount, or other
benefit as an inducement for entering into a sale or lease in return
for giving the supplier the names of prospective consumers or
otherwise helping the supplier to enter into other consumer
transactions, if earning the benefit, rebate, or discount is
contingent upon the occurrence of an event subsequent to the time
the consumer agrees to the purchase or lease.
(10) That the supplier is able to deliver or complete the subject of
the consumer transaction within a stated period of time, when the
supplier knows or should reasonably know the supplier could not.
If no time period has been stated by the supplier, there is a
presumption that the supplier has represented that the supplier
will deliver or complete the subject of the consumer transaction
within a reasonable time, according to the course of dealing or the
usage of the trade.
(11) That the consumer will be able to purchase the subject of the
consumer transaction as advertised by the supplier, if the supplier
does not intend to sell it.
(12) That the replacement or repair constituting the subject of a
consumer transaction can be made by the supplier for the estimate
the supplier gives a customer for the replacement or repair, if the
specified work is completed and:
(A) the cost exceeds the estimate by an amount equal to or
greater than ten percent (10%) of the estimate;
(B) the supplier did not obtain written permission from the
customer to authorize the supplier to complete the work even
if the cost would exceed the amounts specified in clause (A);
(C) the total cost for services and parts for a single transaction
is more than seven hundred fifty dollars ($750); and
(D) the supplier knew or reasonably should have known that
the cost would exceed the estimate in the amounts specified in
clause (A).
(13) That the replacement or repair constituting the subject of a
consumer transaction is needed, and that the supplier disposes of
the part repaired or replaced earlier than seventy-two (72) hours
after both:
(A) the customer has been notified that the work has been
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completed; and
(B) the part repaired or replaced has been made available for
examination upon the request of the customer.
(14) Engaging in the replacement or repair of the subject of a
consumer transaction if the consumer has not authorized the
replacement or repair, and if the supplier knows or should
reasonably know that it is not authorized.
(15) The act of misrepresenting the geographic location of the
supplier by listing an alternate business name or an assumed
business name (as described in IC 23-0.5-3-4) in a local telephone
directory if:
(A) the name misrepresents the supplier's geographic location;
(B) the listing fails to identify the locality and state of the
supplier's business;
(C) calls to the local telephone number are routinely forwarded
or otherwise transferred to a supplier's business location that
is outside the calling area covered by the local telephone
directory; and
(D) the supplier's business location is located in a county that
is not contiguous to a county in the calling area covered by the
local telephone directory.
(16) The act of listing an alternate business name or assumed
business name (as described in IC 23-0.5-3-4) in a directory
assistance data base if:
(A) the name misrepresents the supplier's geographic location;
(B) calls to the local telephone number are routinely forwarded
or otherwise transferred to a supplier's business location that
is outside the local calling area; and
(C) the supplier's business location is located in a county that
is not contiguous to a county in the local calling area.
(17) The violation by a supplier of IC 24-3-4 concerning
cigarettes for import or export.
(18) The act of a supplier in knowingly selling or reselling a
product to a consumer if the product has been recalled, whether
by the order of a court or a regulatory body, or voluntarily by the
manufacturer, distributor, or retailer, unless the product has been
repaired or modified to correct the defect that was the subject of
the recall.
(19) The violation by a supplier of 47 U.S.C. 227, including any
rules or regulations issued under 47 U.S.C. 227.
(20) The violation by a supplier of the federal Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.), including any
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rules or regulations issued under the federal Fair Debt Collection
Practices Act (15 U.S.C. 1692 et seq.).
(21) A violation of IC 24-5-7 (concerning health spa services), as
set forth in IC 24-5-7-17.
(22) A violation of IC 24-5-8 (concerning business opportunity
transactions), as set forth in IC 24-5-8-20.
(23) A violation of IC 24-5-10 (concerning home consumer
transactions), as set forth in IC 24-5-10-18.
(24) A violation of IC 24-5-11 (concerning real property
improvement contracts), as set forth in IC 24-5-11-14.
(25) A violation of IC 24-5-12 (concerning telephone
solicitations), as set forth in IC 24-5-12-23.
(26) A violation of IC 24-5-13.5 (concerning buyback motor
vehicles), as set forth in IC 24-5-13.5-14.
(27) A violation of IC 24-5-14 (concerning automatic
dialing-announcing devices), as set forth in IC 24-5-14-13.
(28) A violation of IC 24-5-15 (concerning credit services
organizations), as set forth in IC 24-5-15-11.
(29) A violation of IC 24-5-16 (concerning unlawful motor
vehicle subleasing), as set forth in IC 24-5-16-18.
(30) A violation of IC 24-5-17 (concerning environmental
marketing claims), as set forth in IC 24-5-17-14.
(31) A violation of IC 24-5-19 (concerning deceptive commercial
solicitation), as set forth in IC 24-5-19-11.
(32) A violation of IC 24-5-21 (concerning prescription drug
discount cards), as set forth in IC 24-5-21-7.
(33) A violation of IC 24-5-23.5-7 (concerning real estate
appraisals), as set forth in IC 24-5-23.5-9.
(34) A violation of IC 24-5-26 (concerning identity theft), as set
forth in IC 24-5-26-3.
(35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
as set forth in IC 24-5.5-6-1.
(36) A violation of IC 24-8 (concerning promotional gifts and
contests), as set forth in IC 24-8-6-3.
(37) A violation of IC 21-18.5-6 (concerning representations
made by a postsecondary credit bearing proprietary educational
institution), as set forth in IC 21-18.5-6-22.5.
(38) A violation of IC 24-5-15.5 (concerning collection actions of
a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
(39) A violation of IC 24-14 (concerning towing services), as set
forth in IC 24-14-10-1.
(40) A violation of IC 24-5-14.5 (concerning misleading or
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inaccurate caller identification information), as set forth in
IC 24-5-14.5-12.
(41) A violation of IC 24-5-27 (concerning intrastate inmate
calling services), as set forth in IC 24-5-27-27.
(42) A violation of IC 24-4-23 (concerning the security of
information collected and transmitted by an adult oriented
website operator), as set forth in IC 24-4-23-14.
(c) Any representations on or within a product or its packaging or
in advertising or promotional materials which would constitute a
deceptive act shall be the deceptive act both of the supplier who places
such representation thereon or therein, or who authored such materials,
and such other suppliers who shall state orally or in writing that such
representation is true if such other supplier shall know or have reason
to know that such representation was false.
(d) If a supplier shows by a preponderance of the evidence that an
act resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adopted to avoid the error, such act shall not be
deceptive within the meaning of this chapter.
(e) It shall be a defense to any action brought under this chapter that
the representation constituting an alleged deceptive act was one made
in good faith by the supplier without knowledge of its falsity and in
reliance upon the oral or written representations of the manufacturer,
the person from whom the supplier acquired the product, any testing
organization, or any other person provided that the source thereof is
disclosed to the consumer.
(f) For purposes of subsection (b)(12), a supplier that provides
estimates before performing repair or replacement work for a customer
shall give the customer a written estimate itemizing as closely as
possible the price for labor and parts necessary for the specific job
before commencing the work.
(g) For purposes of subsection (b)(15) and (b)(16), a telephone
company or other provider of a telephone directory or directory
assistance service or its officer or agent is immune from liability for
publishing the listing of an alternate business name or assumed
business name of a supplier in its directory or directory assistance data
base unless the telephone company or other provider of a telephone
directory or directory assistance service is the same person as the
supplier who has committed the deceptive act.
(h) For purposes of subsection (b)(18), it is an affirmative defense
to any action brought under this chapter that the product has been
altered by a person other than the defendant to render the product
completely incapable of serving its original purpose.
SEA 17 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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