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Indiana Senate Bill SB0053

Indiana 2024 Regular Session

Indiana Senate Bill SB0053 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 53
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 24-4-23; IC 24-5-0.5-3.
77 Synopsis: Right to repair. Requires a manufacturer of a consumer
88 electronic device or a piece of agricultural equipment that is sold in
99 Indiana, subject to certain exceptions, to: (1) provide to an independent
1010 service provider or owner of the consumer electronic device or
1111 agricultural equipment any service documentation the manufacturer
1212 provides to its authorized service providers; and (2) make available for
1313 purchase, upon reasonable terms, any service part the manufacturer
1414 provides to its authorized service providers. Provides that a
1515 manufacturer that sells service documentation to an independent
1616 service provider or owner: (1) in a format that is standardized with
1717 respect to comparable information supplied by manufacturers of
1818 comparable consumer electronic devices or agricultural equipment; and
1919 (2) under terms and conditions more favorable than the terms and
2020 conditions under which the manufacturer provides the information to
2121 an authorized service provider; may not require an authorized service
2222 provider to purchase the service documentation in a proprietary format
2323 unless the proprietary format includes content or functionality that is
2424 not available in the standardized format. Provides that a violation of the
2525 requirements is: (1) actionable by the attorney general; and (2) subject
2626 to the remedies and penalties that apply to a deceptive consumer sales
2727 practice.
2828 Effective: July 1, 2024.
2929 Ford J.D.
3030 January 8, 2024, read first time and referred to Committee on Commerce and Technology.
3131 2024 IN 53—LS 6071/DI 154 Introduced
3232 Second Regular Session of the 123rd General Assembly (2024)
3333 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3434 Constitution) is being amended, the text of the existing provision will appear in this style type,
3535 additions will appear in this style type, and deletions will appear in this style type.
3636 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3737 provision adopted), the text of the new provision will appear in this style type. Also, the
3838 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3939 a new provision to the Indiana Code or the Indiana Constitution.
4040 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4141 between statutes enacted by the 2023 Regular Session of the General Assembly.
4242 SENATE BILL No. 53
4343 A BILL FOR AN ACT to amend the Indiana Code concerning trade
4444 regulation.
4545 Be it enacted by the General Assembly of the State of Indiana:
4646 1 SECTION 1. IC 24-4-23 IS ADDED TO THE INDIANA CODE AS
4747 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
4848 3 1, 2024]:
4949 4 Chapter 23. Access to Product Repair Resources
5050 5 Sec. 1. As used in this chapter, "aftermarket vendor" means a
5151 6 person that:
5252 7 (1) in the ordinary course of business:
5353 8 (A) publishes or sells diagnostic, maintenance, or repair
5454 9 information regarding; or
5555 10 (B) creates, for distribution and sale in the United States,
5656 11 mechanisms, software, or other tools for use in performing
5757 12 diagnostic, maintenance, or repair service for;
5858 13 a consumer electronic device or a piece of agricultural
5959 14 equipment;
6060 15 (2) is not the manufacturer; and
6161 16 (3) does not engage in the activities described in subdivision
6262 17 (1) under an agreement with the manufacturer.
6363 2024 IN 53—LS 6071/DI 154 2
6464 1 Sec. 2. (a) As used in this chapter, "agricultural equipment"
6565 2 means a piece of equipment or a component of, an attachment to,
6666 3 or a service part for a piece of equipment that is:
6767 4 (1) used to plant, cultivate, or harvest agricultural products;
6868 5 and
6969 6 (2) manufactured for distribution and sale in the United
7070 7 States.
7171 8 (b) The term does not include:
7272 9 (1) a motor vehicle or component of a motor vehicle;
7373 10 (2) an aircraft used in an agricultural aircraft operation (as
7474 11 defined in 14 CFR 137.3); or
7575 12 (3) equipment designed and used primarily for irrigation
7676 13 purposes.
7777 14 Sec. 3. As used in this chapter, "authorized service provider"
7878 15 means:
7979 16 (1) a manufacturer that provides; or
8080 17 (2) a person that:
8181 18 (A) is not an affiliate of a manufacturer; and
8282 19 (B) has entered into an agreement with the manufacturer
8383 20 to provide:
8484 21 (i) on behalf of; or
8585 22 (ii) under the name of;
8686 23 the manufacturer;
8787 24 diagnostic, maintenance, or repair service for a consumer
8888 25 electronic device or a piece of agricultural equipment made by the
8989 26 manufacturer.
9090 27 Sec. 4. (a) As used in this chapter, "consumer electronic device"
9191 28 means a product or component of a product that:
9292 29 (1) contains a microprocessor; and
9393 30 (2) is manufactured for distribution and sale in the United
9494 31 States.
9595 32 (b) The term does not include:
9696 33 (1) a motor vehicle or component of a motor vehicle; or
9797 34 (2) a medical device or component of a medical device.
9898 35 Sec. 5. As used in this chapter, "embedded firmware" means
9999 36 software delivered with, or as a component of, a consumer
100100 37 electronic device for purposes of affecting or facilitating the
101101 38 operation of the consumer electronic device, including software
102102 39 designated as:
103103 40 (1) an operating system;
104104 41 (2) a machine code;
105105 42 (3) an assembly code;
106106 2024 IN 53—LS 6071/DI 154 3
107107 1 (4) a root code; or
108108 2 (5) a microcode.
109109 3 Sec. 6. (a) As used in this chapter, "independent service
110110 4 provider" means a person that:
111111 5 (1) in the ordinary course of business, performs diagnostic,
112112 6 maintenance, or repair service on a consumer electronic
113113 7 device or a piece of agricultural equipment; and
114114 8 (2) is not:
115115 9 (A) an authorized service provider; or
116116 10 (B) an affiliate of an authorized service provider;
117117 11 for the consumer electronic device or agricultural equipment.
118118 12 (b) The term includes a manufacturer when the manufacturer
119119 13 is performing diagnostic, maintenance, or repair service on a
120120 14 consumer electronic device or a piece of agricultural equipment
121121 15 that is not made by the manufacturer or by an affiliate of the
122122 16 manufacturer.
123123 17 Sec. 7. As used in this chapter, "manufacturer" means a person
124124 18 that, in the ordinary course of business:
125125 19 (1) sells or leases:
126126 20 (A) a consumer electronic device or a piece of agricultural
127127 21 equipment; or
128128 22 (B) a component of a consumer electronic device or a piece
129129 23 of agricultural equipment;
130130 24 made by, or on behalf of, the manufacturer; and
131131 25 (2) performs, or provides for the performance of, diagnostic,
132132 26 maintenance, or repair service on the consumer electronic
133133 27 device, the agricultural equipment, or a component of either.
134134 28 Sec. 8. As used in this chapter, "medical device" has the same
135135 29 meaning as "device" as set forth in 21 U.S.C. 321(h).
136136 30 Sec. 9. (a) As used in this chapter, "motor vehicle" means a
137137 31 vehicle that is:
138138 32 (1) designed for transporting people or property on a street or
139139 33 highway; and
140140 34 (2) certified by the vehicle's maker under all applicable
141141 35 federal safety and emissions standards and requirements for
142142 36 distribution and sale in the United States.
143143 37 (b) The term does not include a mobile home (as defined in
144144 38 IC 9-13-2-103.2), motorcycle (as defined in IC 9-13-2-108), or
145145 39 recreational vehicle (as defined in IC 9-13-2-150).
146146 40 Sec. 10. As used in this chapter, "owner" means a person that:
147147 41 (1) is domiciled in Indiana; and
148148 42 (2) lawfully owns or has legal right to possession of a
149149 2024 IN 53—LS 6071/DI 154 4
150150 1 consumer electronic device or a piece of agricultural
151151 2 equipment.
152152 3 Sec. 11. As used in this chapter, "person" means an individual,
153153 4 an organization, or any other legal entity.
154154 5 Sec. 12. As used in this chapter, "remote diagnostic service"
155155 6 means a transfer of data that is made:
156156 7 (1) between a consumer electronic device or a piece of
157157 8 agricultural equipment and an authorized service provider or
158158 9 an independent service provider of diagnostic, maintenance,
159159 10 or repair service for the consumer electronic device or
160160 11 agricultural equipment; and
161161 12 (2) for the purpose of:
162162 13 (A) performing diagnostic, maintenance, or repair service
163163 14 on;
164164 15 (B) changing a setting on; or
165165 16 (C) determining the location of;
166166 17 the consumer electronic device or agricultural equipment.
167167 18 Sec. 13. As used in this chapter, "service documentation" means
168168 19 information, including:
169169 20 (1) manuals;
170170 21 (2) schematics;
171171 22 (3) diagrams;
172172 23 (4) report output;
173173 24 (5) service code descriptions;
174174 25 (6) technical updates;
175175 26 (7) service access passwords; and
176176 27 (8) information necessary to reset or unlock a security related
177177 28 function;
178178 29 that is provided by a manufacturer to an authorized service
179179 30 provider for the performance of diagnostic, maintenance, or repair
180180 31 service on the consumer electronic device or agricultural
181181 32 equipment.
182182 33 Sec. 14. As used in this chapter, "service part" means:
183183 34 (1) a new or used component of a consumer electronic device
184184 35 or a piece of agricultural equipment;
185185 36 (2) a diagnostic or repair tool or software; or
186186 37 (3) an update, patch, or fix for the embedded firmware of a
187187 38 consumer electronic device or a piece of agricultural
188188 39 equipment;
189189 40 that is provided by a manufacturer to an authorized service
190190 41 provider for the performance of diagnostic, maintenance, or repair
191191 42 service on the consumer electronic device or agricultural
192192 2024 IN 53—LS 6071/DI 154 5
193193 1 equipment.
194194 2 Sec. 15. As used in this chapter, "software" means a set of
195195 3 coded, programmable instructions designed to cause a consumer
196196 4 electronic device, a piece of agricultural equipment, or a
197197 5 component of either to perform a task.
198198 6 Sec. 16. As used in this chapter, "trade secret" has the meaning
199199 7 set forth in IC 24-2-3-2.
200200 8 Sec. 17. (a) Except as provided in section 18 of this chapter, a
201201 9 manufacturer that sells or leases a consumer electronic device or
202202 10 a piece of agricultural equipment in Indiana must do the following:
203203 11 (1) Subject to subsection (b), provide the service
204204 12 documentation for the consumer electronic device or
205205 13 agricultural equipment to an independent service provider
206206 14 for, or to an owner of, the consumer electronic device or
207207 15 agricultural equipment:
208208 16 (A) within the amount of time within which;
209209 17 (B) in the format in which; and
210210 18 (C) at no cost or at a price that is not more than the price
211211 19 at which;
212212 20 the manufacturer provides the service documentation to an
213213 21 authorized service provider for the consumer electronic
214214 22 device or agricultural equipment.
215215 23 (2) Make available for purchase by an independent service
216216 24 provider for, or by an owner of, the consumer electronic
217217 25 device or agricultural equipment any service part that the
218218 26 manufacturer makes available to an authorized service
219219 27 provider, upon terms that are reasonable in relation to:
220220 28 (A) the net price at which the manufacturer provides the
221221 29 service part to an authorized service provider, after
222222 30 deducting any discounts, rebates, or other incentives
223223 31 offered by the manufacturer;
224224 32 (B) the cost to the manufacturer of making, preparing, and
225225 33 delivering the service part:
226226 34 (i) including amortized capital costs; and
227227 35 (ii) excluding research and development costs;
228228 36 incurred by the manufacturer in making, preparing, and
229229 37 delivering the service part; and
230230 38 (C) the price charged by manufacturers of comparable
231231 39 consumer electronic devices or agricultural equipment for
232232 40 a comparable service part.
233233 41 (b) A manufacturer that supplies information necessary to reset
234234 42 or unlock a security related function under subsection (a)(1) may
235235 2024 IN 53—LS 6071/DI 154 6
236236 1 supply the information through a secure data transfer system.
237237 2 (c) A diagnostic or repair tool or software provided by a
238238 3 manufacturer to an independent service provider or owner under
239239 4 subsection (a)(2) must incorporate the same diagnostic,
240240 5 maintenance, repair, and remote diagnostic service capabilities
241241 6 that the manufacturer makes available to the repair or engineering
242242 7 staff of the manufacturer or to an authorized service provider for
243243 8 the consumer electronic device or agricultural equipment.
244244 9 Sec. 18. (a) A manufacturer is not required under this chapter
245245 10 to:
246246 11 (1) provide, or require an authorized service provider to
247247 12 provide, to an independent service provider for, or to an
248248 13 owner of, a consumer electronic device or a piece of
249249 14 agricultural equipment:
250250 15 (A) either:
251251 16 (i) service documentation; or
252252 17 (ii) a service part;
253253 18 that is not available to the manufacturer or the authorized
254254 19 service provider; or
255255 20 (B) information that is unrelated to performance of
256256 21 diagnostic, maintenance, or repair service for the
257257 22 consumer electronic device or agricultural equipment; or
258258 23 (2) divulge a trade secret.
259259 24 (b) A manufacturer that provides service documentation
260260 25 regarding a consumer electronic device or a piece of agricultural
261261 26 equipment to one (1) or more aftermarket vendors:
262262 27 (1) is not required to provide the service documentation to an
263263 28 independent service provider for, or to an owner of, the
264264 29 consumer electronic device or agricultural equipment under
265265 30 this chapter; and
266266 31 (2) is not responsible for the content or functionality of the
267267 32 service documentation as:
268268 33 (A) published or sold by; or
269269 34 (B) used or implemented in the mechanisms, software, or
270270 35 other tools created by;
271271 36 the aftermarket vendor.
272272 37 Sec. 19. A manufacturer that sells service documentation to an
273273 38 independent service provider for, or to an owner of, a consumer
274274 39 electronic device or a piece of agricultural equipment:
275275 40 (1) in a format that is standardized with respect to
276276 41 comparable information supplied by manufacturers of
277277 42 comparable consumer electronic devices or agricultural
278278 2024 IN 53—LS 6071/DI 154 7
279279 1 equipment; and
280280 2 (2) in a manner, or under terms and conditions, more
281281 3 favorable than the manner in which, or the terms and
282282 4 conditions under which, the manufacturer provides the
283283 5 information to an authorized service provider;
284284 6 may not require an authorized service provider to purchase the
285285 7 service documentation in a proprietary format unless the
286286 8 proprietary format includes content or functionality that is not
287287 9 available in the format described in subdivision (1).
288288 10 Sec. 20. (a) Except as provided in subsection (b), this chapter
289289 11 may not be construed as to affect the terms of an agreement
290290 12 between a manufacturer and an authorized service provider,
291291 13 including terms regarding the authorized service provider's
292292 14 performance of warranty or recall service on behalf of the
293293 15 manufacturer.
294294 16 (b) Notwithstanding subsection (a), a provision of an agreement
295295 17 between a manufacturer and an authorized service provider that
296296 18 purports to waive, avoid, restrict, or limit the obligations of the
297297 19 manufacturer under this chapter is void and unenforceable.
298298 20 Sec. 21. A manufacturer that knowingly and intentionally
299299 21 violates sections 17 through 20 of this chapter commits a deceptive
300300 22 act that is:
301301 23 (1) actionable by the attorney general; and
302302 24 (2) subject to the remedies and penalties;
303303 25 under IC 24-5-0.5.
304304 26 SECTION 2. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
305305 27 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
306306 28 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
307307 29 abusive, or deceptive act, omission, or practice in connection with a
308308 30 consumer transaction. Such an act, omission, or practice by a supplier
309309 31 is a violation of this chapter whether it occurs before, during, or after
310310 32 the transaction. An act, omission, or practice prohibited by this section
311311 33 includes both implicit and explicit misrepresentations.
312312 34 (b) Without limiting the scope of subsection (a), the following acts,
313313 35 and the following representations as to the subject matter of a
314314 36 consumer transaction, made orally, in writing, or by electronic
315315 37 communication, by a supplier, are deceptive acts:
316316 38 (1) That such subject of a consumer transaction has sponsorship,
317317 39 approval, performance, characteristics, accessories, uses, or
318318 40 benefits it does not have which the supplier knows or should
319319 41 reasonably know it does not have.
320320 42 (2) That such subject of a consumer transaction is of a particular
321321 2024 IN 53—LS 6071/DI 154 8
322322 1 standard, quality, grade, style, or model, if it is not and if the
323323 2 supplier knows or should reasonably know that it is not.
324324 3 (3) That such subject of a consumer transaction is new or unused,
325325 4 if it is not and if the supplier knows or should reasonably know
326326 5 that it is not.
327327 6 (4) That such subject of a consumer transaction will be supplied
328328 7 to the public in greater quantity than the supplier intends or
329329 8 reasonably expects.
330330 9 (5) That replacement or repair constituting the subject of a
331331 10 consumer transaction is needed, if it is not and if the supplier
332332 11 knows or should reasonably know that it is not.
333333 12 (6) That a specific price advantage exists as to such subject of a
334334 13 consumer transaction, if it does not and if the supplier knows or
335335 14 should reasonably know that it does not.
336336 15 (7) That the supplier has a sponsorship, approval, or affiliation in
337337 16 such consumer transaction the supplier does not have, and which
338338 17 the supplier knows or should reasonably know that the supplier
339339 18 does not have.
340340 19 (8) That such consumer transaction involves or does not involve
341341 20 a warranty, a disclaimer of warranties, or other rights, remedies,
342342 21 or obligations, if the representation is false and if the supplier
343343 22 knows or should reasonably know that the representation is false.
344344 23 (9) That the consumer will receive a rebate, discount, or other
345345 24 benefit as an inducement for entering into a sale or lease in return
346346 25 for giving the supplier the names of prospective consumers or
347347 26 otherwise helping the supplier to enter into other consumer
348348 27 transactions, if earning the benefit, rebate, or discount is
349349 28 contingent upon the occurrence of an event subsequent to the time
350350 29 the consumer agrees to the purchase or lease.
351351 30 (10) That the supplier is able to deliver or complete the subject of
352352 31 the consumer transaction within a stated period of time, when the
353353 32 supplier knows or should reasonably know the supplier could not.
354354 33 If no time period has been stated by the supplier, there is a
355355 34 presumption that the supplier has represented that the supplier
356356 35 will deliver or complete the subject of the consumer transaction
357357 36 within a reasonable time, according to the course of dealing or the
358358 37 usage of the trade.
359359 38 (11) That the consumer will be able to purchase the subject of the
360360 39 consumer transaction as advertised by the supplier, if the supplier
361361 40 does not intend to sell it.
362362 41 (12) That the replacement or repair constituting the subject of a
363363 42 consumer transaction can be made by the supplier for the estimate
364364 2024 IN 53—LS 6071/DI 154 9
365365 1 the supplier gives a customer for the replacement or repair, if the
366366 2 specified work is completed and:
367367 3 (A) the cost exceeds the estimate by an amount equal to or
368368 4 greater than ten percent (10%) of the estimate;
369369 5 (B) the supplier did not obtain written permission from the
370370 6 customer to authorize the supplier to complete the work even
371371 7 if the cost would exceed the amounts specified in clause (A);
372372 8 (C) the total cost for services and parts for a single transaction
373373 9 is more than seven hundred fifty dollars ($750); and
374374 10 (D) the supplier knew or reasonably should have known that
375375 11 the cost would exceed the estimate in the amounts specified in
376376 12 clause (A).
377377 13 (13) That the replacement or repair constituting the subject of a
378378 14 consumer transaction is needed, and that the supplier disposes of
379379 15 the part repaired or replaced earlier than seventy-two (72) hours
380380 16 after both:
381381 17 (A) the customer has been notified that the work has been
382382 18 completed; and
383383 19 (B) the part repaired or replaced has been made available for
384384 20 examination upon the request of the customer.
385385 21 (14) Engaging in the replacement or repair of the subject of a
386386 22 consumer transaction if the consumer has not authorized the
387387 23 replacement or repair, and if the supplier knows or should
388388 24 reasonably know that it is not authorized.
389389 25 (15) The act of misrepresenting the geographic location of the
390390 26 supplier by listing an alternate business name or an assumed
391391 27 business name (as described in IC 23-0.5-3-4) in a local telephone
392392 28 directory if:
393393 29 (A) the name misrepresents the supplier's geographic location;
394394 30 (B) the listing fails to identify the locality and state of the
395395 31 supplier's business;
396396 32 (C) calls to the local telephone number are routinely forwarded
397397 33 or otherwise transferred to a supplier's business location that
398398 34 is outside the calling area covered by the local telephone
399399 35 directory; and
400400 36 (D) the supplier's business location is located in a county that
401401 37 is not contiguous to a county in the calling area covered by the
402402 38 local telephone directory.
403403 39 (16) The act of listing an alternate business name or assumed
404404 40 business name (as described in IC 23-0.5-3-4) in a directory
405405 41 assistance data base if:
406406 42 (A) the name misrepresents the supplier's geographic location;
407407 2024 IN 53—LS 6071/DI 154 10
408408 1 (B) calls to the local telephone number are routinely forwarded
409409 2 or otherwise transferred to a supplier's business location that
410410 3 is outside the local calling area; and
411411 4 (C) the supplier's business location is located in a county that
412412 5 is not contiguous to a county in the local calling area.
413413 6 (17) The violation by a supplier of IC 24-3-4 concerning
414414 7 cigarettes for import or export.
415415 8 (18) The act of a supplier in knowingly selling or reselling a
416416 9 product to a consumer if the product has been recalled, whether
417417 10 by the order of a court or a regulatory body, or voluntarily by the
418418 11 manufacturer, distributor, or retailer, unless the product has been
419419 12 repaired or modified to correct the defect that was the subject of
420420 13 the recall.
421421 14 (19) The violation by a supplier of 47 U.S.C. 227, including any
422422 15 rules or regulations issued under 47 U.S.C. 227.
423423 16 (20) The violation by a supplier of the federal Fair Debt
424424 17 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
425425 18 rules or regulations issued under the federal Fair Debt Collection
426426 19 Practices Act (15 U.S.C. 1692 et seq.).
427427 20 (21) A violation of IC 24-5-7 (concerning health spa services), as
428428 21 set forth in IC 24-5-7-17.
429429 22 (22) A violation of IC 24-5-8 (concerning business opportunity
430430 23 transactions), as set forth in IC 24-5-8-20.
431431 24 (23) A violation of IC 24-5-10 (concerning home consumer
432432 25 transactions), as set forth in IC 24-5-10-18.
433433 26 (24) A violation of IC 24-5-11 (concerning real property
434434 27 improvement contracts), as set forth in IC 24-5-11-14.
435435 28 (25) A violation of IC 24-5-12 (concerning telephone
436436 29 solicitations), as set forth in IC 24-5-12-23.
437437 30 (26) A violation of IC 24-5-13.5 (concerning buyback motor
438438 31 vehicles), as set forth in IC 24-5-13.5-14.
439439 32 (27) A violation of IC 24-5-14 (concerning automatic
440440 33 dialing-announcing devices), as set forth in IC 24-5-14-13.
441441 34 (28) A violation of IC 24-5-15 (concerning credit services
442442 35 organizations), as set forth in IC 24-5-15-11.
443443 36 (29) A violation of IC 24-5-16 (concerning unlawful motor
444444 37 vehicle subleasing), as set forth in IC 24-5-16-18.
445445 38 (30) A violation of IC 24-5-17 (concerning environmental
446446 39 marketing claims), as set forth in IC 24-5-17-14.
447447 40 (31) A violation of IC 24-5-19 (concerning deceptive commercial
448448 41 solicitation), as set forth in IC 24-5-19-11.
449449 42 (32) A violation of IC 24-5-21 (concerning prescription drug
450450 2024 IN 53—LS 6071/DI 154 11
451451 1 discount cards), as set forth in IC 24-5-21-7.
452452 2 (33) A violation of IC 24-5-23.5-7 (concerning real estate
453453 3 appraisals), as set forth in IC 24-5-23.5-9.
454454 4 (34) A violation of IC 24-5-26 (concerning identity theft), as set
455455 5 forth in IC 24-5-26-3.
456456 6 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
457457 7 as set forth in IC 24-5.5-6-1.
458458 8 (36) A violation of IC 24-8 (concerning promotional gifts and
459459 9 contests), as set forth in IC 24-8-6-3.
460460 10 (37) A violation of IC 21-18.5-6 (concerning representations
461461 11 made by a postsecondary credit bearing proprietary educational
462462 12 institution), as set forth in IC 21-18.5-6-22.5.
463463 13 (38) A violation of IC 24-5-15.5 (concerning collection actions of
464464 14 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
465465 15 (39) A violation of IC 24-14 (concerning towing services), as set
466466 16 forth in IC 24-14-10-1.
467467 17 (40) A violation of IC 24-5-14.5 (concerning misleading or
468468 18 inaccurate caller identification information), as set forth in
469469 19 IC 24-5-14.5-12.
470470 20 (41) A violation of IC 24-5-27 (concerning intrastate inmate
471471 21 calling services), as set forth in IC 24-5-27-27.
472472 22 (42) A violation of IC 24-4-23 (concerning access to product
473473 23 repair resources), as set forth in IC 24-4-23-21.
474474 24 (c) Any representations on or within a product or its packaging or
475475 25 in advertising or promotional materials which would constitute a
476476 26 deceptive act shall be the deceptive act both of the supplier who places
477477 27 such representation thereon or therein, or who authored such materials,
478478 28 and such other suppliers who shall state orally or in writing that such
479479 29 representation is true if such other supplier shall know or have reason
480480 30 to know that such representation was false.
481481 31 (d) If a supplier shows by a preponderance of the evidence that an
482482 32 act resulted from a bona fide error notwithstanding the maintenance of
483483 33 procedures reasonably adopted to avoid the error, such act shall not be
484484 34 deceptive within the meaning of this chapter.
485485 35 (e) It shall be a defense to any action brought under this chapter that
486486 36 the representation constituting an alleged deceptive act was one made
487487 37 in good faith by the supplier without knowledge of its falsity and in
488488 38 reliance upon the oral or written representations of the manufacturer,
489489 39 the person from whom the supplier acquired the product, any testing
490490 40 organization, or any other person provided that the source thereof is
491491 41 disclosed to the consumer.
492492 42 (f) For purposes of subsection (b)(12), a supplier that provides
493493 2024 IN 53—LS 6071/DI 154 12
494494 1 estimates before performing repair or replacement work for a customer
495495 2 shall give the customer a written estimate itemizing as closely as
496496 3 possible the price for labor and parts necessary for the specific job
497497 4 before commencing the work.
498498 5 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
499499 6 company or other provider of a telephone directory or directory
500500 7 assistance service or its officer or agent is immune from liability for
501501 8 publishing the listing of an alternate business name or assumed
502502 9 business name of a supplier in its directory or directory assistance data
503503 10 base unless the telephone company or other provider of a telephone
504504 11 directory or directory assistance service is the same person as the
505505 12 supplier who has committed the deceptive act.
506506 13 (h) For purposes of subsection (b)(18), it is an affirmative defense
507507 14 to any action brought under this chapter that the product has been
508508 15 altered by a person other than the defendant to render the product
509509 16 completely incapable of serving its original purpose.
510510 2024 IN 53—LS 6071/DI 154