CHAPTER 0.5. DECEPTIVE CONSUMER SALES
IC 24-5
ARTICLE 5. CONSUMER SALES
IC 24-5-0.5
Chapter 0.5. Deceptive Consumer Sales
IC 24-5-0.5-1
Construction and purposes
Sec. 1. (a) This chapter shall be liberally construed and applied to
promote its purposes and policies.
(b) The purposes and policies of this chapter are to:
(1) simplify, clarify, and modernize the law governing deceptive
and unconscionable consumer sales practices;
(2) protect consumers from suppliers who commit deceptive
and unconscionable sales acts; and
(3) encourage the development of fair consumer sales practices.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by P.L.18-1997,
SEC.2; P.L.1-2006, SEC.411.
IC 24-5-0.5-2
Definitions
Sec. 2. (a) As used in this chapter:
(1) "Consumer transaction" means a sale, lease, assignment,
award by chance, or other disposition of an item of personal
property, real property, a service, or an intangible, except
securities and policies or contracts of insurance issued by
corporations authorized to transact an insurance business under
the laws of the state of Indiana, with or without an extension of
credit, to a person for purposes that are primarily personal,
familial, charitable, agricultural, or household, or a solicitation
to supply any of these things. However, the term includes the
following:
(A) A transfer of structured settlement payment rights under
IC 34-50-2.
(B) An unsolicited advertisement sent to a person by
telephone facsimile machine offering a sale, lease,
assignment, award by chance, or other disposition of an item
of personal property, real property, a service, or an
intangible.
(2) "Person" means an individual, corporation, the state of
Indiana or its subdivisions or agencies, business trust, estate,
trust, partnership, association, nonprofit corporation or
organization, or cooperative or any other legal entity.
(3) "Supplier" means the following:
(A) A seller, lessor, assignor, or other person who regularly
engages in or solicits consumer transactions, including
soliciting a consumer transaction by using a telephone
facsimile machine to transmit an unsolicited advertisement.
The term includes a manufacturer, wholesaler, or retailer,
whether or not the person deals directly with the consumer.
(B) A person who contrives, prepares, sets up, operates,
publicizes by means of advertisements, or promotes a
pyramid promotional scheme.
(4) "Subject of a consumer transaction" means the personal
property, real property, services, or intangibles offered or
furnished in a consumer transaction.
(5) "Cure" as applied to a deceptive act, means either:
(A) to offer in writing to adjust or modify the consumer
transaction to which the act relates to conform to the
reasonable expectations of the consumer generated by such
deceptive act and to perform such offer if accepted by the
consumer; or
(B) to offer in writing to rescind such consumer transaction
and to perform such offer if accepted by the consumer.
The term includes an offer in writing of one (1) or more items
of value, including monetary compensation, that the supplier
delivers to a consumer or a representative of the consumer if
accepted by the consumer.
(6) "Offer to cure" as applied to a deceptive act is a cure that:
(A) is reasonably calculated to remedy a loss claimed by the
consumer; and
(B) includes a minimum additional amount that is the greater
of:
(i) ten percent (10%) of the value of the remedy under
clause (A), but not more than four thousand dollars
($4,000); or
(ii) five hundred dollars ($500);
as compensation for attorney's fees, expenses, and other
costs that a consumer may incur in relation to the deceptive
act.
(7) "Uncured deceptive act" means a deceptive act:
(A) with respect to which a consumer who has been
damaged by such act has given notice to the supplier under
section 5(a) of this chapter; and
(B) either:
(i) no offer to cure has been made to such consumer within
thirty (30) days after such notice; or
(ii) the act has not been cured as to such consumer within
a reasonable time after the consumer's acceptance of the
offer to cure.
(8) "Incurable deceptive act" means a deceptive act done by a
supplier as part of a scheme, artifice, or device with intent to
defraud or mislead. The term includes a failure of a transferee
of structured settlement payment rights to timely provide a true
and complete disclosure statement to a payee as provided under
IC 34-50-2 in connection with a direct or indirect transfer of
structured settlement payment rights.
(9) "Pyramid promotional scheme" means any program utilizing
a pyramid or chain process by which a participant in the
program gives a valuable consideration exceeding one hundred
dollars ($100) for the opportunity or right to receive
compensation or other things of value in return for inducing
other persons to become participants for the purpose of gaining
new participants in the program. The term does not include
ordinary sales of goods or services to persons who are not
purchasing in order to participate in such a scheme.
(10) "Promoting a pyramid promotional scheme" means:
(A) inducing or attempting to induce one (1) or more other
persons to become participants in a pyramid promotional
scheme; or
(B) assisting another in promoting a pyramid promotional
scheme.
(11) "Elderly person" means an individual who is at least
sixty-five (65) years of age.
(12) "Telephone facsimile machine" means equipment that has
the capacity to transcribe text or images, or both, from:
(A) paper into an electronic signal and to transmit that signal
over a regular telephone line; or
(B) an electronic signal received over a regular telephone
line onto paper.
(13) "Unsolicited advertisement" means material advertising the
commercial availability or quality of:
(A) property;
(B) goods; or
(C) services;
that is transmitted to a person without the person's prior express
invitation or permission, in writing or otherwise.
(b) As used in section 3(a)(15) of this chapter:
(1) "Directory assistance" means the disclosure of telephone
number information in connection with an identified telephone
service subscriber by means of a live operator or automated
service.
(2) "Local telephone directory" refers to a telephone classified
advertising directory or the business section of a telephone
directory that is distributed by a telephone company or directory
publisher to subscribers located in the local exchanges
contained in the directory. The term includes a directory that
includes listings of more than one (1) telephone company.
(3) "Local telephone number" refers to a telephone number that
has the three (3) number prefix used by the provider of
telephone service for telephones physically located within the
area covered by the local telephone directory in which the
number is listed. The term does not include long distance
numbers or 800-, 888-, or 900- exchange numbers listed in a
local telephone directory.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by Acts 1982,
P.L.152, SEC.1; P.L.12-1986, SEC.4; P.L.24-1989, SEC.10;
P.L.233-1995, SEC.1; P.L.174-1997, SEC.1; P.L.18-1997, SEC.3;
P.L.219-2001, SEC.1; P.L.165-2005, SEC.6; P.L.85-2006, SEC.2;
P.L.1-2007, SEC.165.
IC 24-5-0.5-3
Acts constituting deceptive practices
Sec. 3. (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 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
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 a fictitious business name or an assumed
business name (as described in IC 23-15-1) 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 a fictitious business name or assumed
business name (as described in IC 23-15-1) in a directory
assistance database 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.
(b) 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.
(c) 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.
(d) 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.
(e) For purposes of subsection (a)(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.
(f) For purposes of subsection (a)(15), 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 a fictitious business name or assumed business name of a
supplier in its directory or directory assistance database 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.
(g) For purposes of subsection (a)(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.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by Acts 1978,
P.L.127, SEC.2; Acts 1982, P.L.153, SEC.1; Acts 1982, P.L.152,
SEC.2; P.L.16-1983, SEC.16; P.L.239-1985, SEC.1; P.L.12-1986,
SEC.5; P.L.24-1989, SEC.11; P.L.174-1997, SEC.2; P.L.21-2000,
SEC.11; P.L.70-2002, SEC.1; P.L.85-2006, SEC.3; P.L.1-2009,
SEC.137.
IC 24-5-0.5-4
Actions and proceedings; damages; injunction; civil penalties;
offer to cure
Sec. 4. (a) A person relying upon an uncured or incurable
deceptive act may bring an action for the damages actually suffered
as a consumer as a result of the deceptive act or five hundred dollars
($500), whichever is greater. The court may increase damages for a
willful deceptive act in an amount that does not exceed the greater
of:
(1) three (3) times the actual damages of the consumer suffering
the loss; or
(2) one thousand dollars ($1,000).
Except as provided in subsection (j), the court may award reasonable
attorney fees to the party that prevails in an action under this
subsection. This subsection does not apply to a consumer transaction
in real property, including a claim or action involving a construction
defect (as defined in IC 32-27-3-1(5)) brought against a construction
professional (as defined in IC 32-27-3-1(4)), except for purchases of
time shares and camping club memberships. This subsection also
does not apply to a violation of IC 24-4.7, IC 24-5-12, or IC 24-5-14.
Actual damages awarded to a person under this section have priority
over any civil penalty imposed under this chapter.
(b) Any person who is entitled to bring an action under subsection
(a) on the person's own behalf against a supplier for damages for a
deceptive act may bring a class action against such supplier on behalf
of any class of persons of which that person is a member and which
has been damaged by such deceptive act, subject to and under the
Indiana Rules of Trial Procedure governing class actions, except as
herein expressly provided. Except as provided in subsection (j), the
court may award reasonable attorney fees to the party that prevails
in a class action under this subsection, provided that such fee shall
be determined by the amount of time reasonably expended by the
attorney and not by the amount of the judgment, although the
contingency of the fee may be considered. Any money or other
property recovered in a class action under this subsection which
cannot, with due diligence, be restored to consumers within one (1)
year after the judgment becomes final shall be returned to the party
depositing the same. This subsection does not apply to a consumer
transaction in real property, except for purchases of time shares and
camping club memberships. Actual damages awarded to a class have
priority over any civil penalty imposed under this chapter.
(c) The attorney general may bring an action to enjoin a deceptive
act. However, the attorney general may seek to enjoin patterns of
incurable deceptive acts with respect to consumer transactions in real
property. In addition, the court may:
(1) issue an injunction;
(2) order the supplier to make payment of the money unlawfully
received from the aggrieved consumers to be held in escrow for
distribution to aggrieved consumers;
(3) order the supplier to pay to the state the reasonable costs of
the attorney general's investigation and prosecution related to
the action; and
(4) provide for the appointment of a receiver.
(d) In an action under subsection (a), (b), or (c), the court may
void or limit the application of contracts or clauses resulting from
deceptive acts and order restitution to be paid to aggrieved
consumers.
(e) In any action under subsection (a) or (b), upon the filing of the
complaint or on the appearance of any defendant, claimant, or any
other party, or at any later time, the trial court, the supreme court, or
the court of appeals may require the plaintiff, defendant, claimant, or
any other party or parties to give security, or additional security, in
such sum as the court shall direct to pay all costs, expenses, and
disbursements that shall be awarded against that party or which that
party may be directed to pay by any interlocutory order by the final
judgment or on appeal.
(f) Any person who violates the terms of an injunction issued
under subsection (c) shall forfeit and pay to the state a civil penalty
of not more than fifteen thousand dollars ($15,000) per violation. For
the purposes of this section, the court issuing an injunction shall
retain jurisdiction, the cause shall be continued, and the attorney
general acting in the name of the state may petition for recovery of
civil penalties. Whenever the court determines that an injunction
issued under subsection (c) has been violated, the court shall award
reasonable costs to the state.
(g) If a court finds any person has knowingly violated section 3 or
10 of this chapter, other than section 3(a)(19) of this chapter, the
attorney general, in an action pursuant to subsection (c), may recover
from the person on behalf of the state a civil penalty of a fine not
exceeding five thousand dollars ($5,000) per violation.
(h) If a court finds that a person has violated section 3(a)(19) of
this chapter, the attorney general, in an action under subsection (c),
may recover from the person on behalf of the state a civil penalty as
follows:
(1) For a knowing or intentional violation, one thousand five
hundred dollars ($1,500).
(2) For a violation other than a knowing or intentional violation,
five hundred dollars ($500).
A civil penalty recovered under this subsection shall be deposited in
the consumer protection division telephone solicitation fund
established by IC 24-4.7-3-6 to be used for the administration and
enforcement of section 3(a)(19) of this chapter.
(i) An elderly person relying upon an uncured or incurable
deceptive act, including an act related to hypnotism, may bring an
action to recover treble damages, if appropriate.
(j) An offer to cure is:
(1) not admissible as evidence in a proceeding initiated under
this section unless the offer to cure is delivered by a supplier to
the consumer or a representative of the consumer before the
supplier files the supplier's initial response to a complaint; and
(2) only admissible as evidence in a proceeding initiated under
this section to prove that a supplier is not liable for attorney's
fees under subsection (k).
If the offer to cure is timely delivered by the supplier, the supplier
may submit the offer to cure as evidence to prove in the proceeding
in accordance with the Indiana Rules of Trial Procedure that the
supplier made an offer to cure.
(k) A supplier may not be held liable for the attorney's fees and
court costs of the consumer that are incurred following the timely
delivery of an offer to cure as described in subsection (j) unless the
actual damages awarded, not including attorney's fees and costs,
exceed the value of the offer to cure.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by Acts 1978,
P.L.127, SEC.3; Acts 1982, P.L.152, SEC.3; P.L.12-1986, SEC.6;
P.L.3-1989, SEC.141; P.L.24-1989, SEC.12; P.L.233-1995, SEC.2;
P.L.165-2005, SEC.7; P.L.222-2005, SEC.33; P.L.85-2006, SEC.4.
IC 24-5-0.5-5
Limitation of actions
Sec. 5. (a) No action may be brought under this chapter, except
under section 4(c) of this chapter, unless (1) the deceptive act is
incurable or (2) the consumer bringing the action shall have given
notice in writing to the supplier within the sooner of (i) six (6)
months after the initial discovery of the deceptive act, (ii) one (1)
year following such consumer transaction, or (iii) any time
limitation, not less than thirty (30) days, of any period of warranty
applicable to the transaction, which notice shall state fully the nature
of the alleged deceptive act and the actual damage suffered
therefrom, and unless such deceptive act shall have become an
uncured deceptive act.
(b) No action may be brought under this chapter except as
expressly authorized in section 4(a), 4(b), or 4(c) of this chapter. Any
action brought under this chapter may not be brought more than two
(2) years after the occurrence of the deceptive act.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by Acts 1982,
P.L.152, SEC.4; P.L.211-1993, SEC.1; P.L.45-1995, SEC.17.
IC 24-5-0.5-6
Application of law
Sec. 6. This chapter does not apply to an act or practice that is:
(1) required or expressly permitted by federal law, rule, or
regulation; or
(2) required or expressly permitted by state law, rule,
regulation, or local ordinance.
(Formerly: Acts 1971, P.L.367, SEC.1.) As amended by P.L.1-2006,
SEC.412.
IC 24-5-0.5-7
Assurances of voluntary compliance
Sec. 7. (a) In the administration of this chapter, the attorney
general may accept an assurance of voluntary compliance with
respect to any deceptive act from any person who has engaged in, is
engaging in, or is about to engage in such deceptive act. The
assurance of voluntary compliance may include a stipulation for the
voluntary payment by the person of the costs of investigation or
payment of an amount to be held in escrow pending the outcome of
an action or as restitution to aggrieved consumers, or both. The
assurance of voluntary compliance shall be in writing and shall be
filed with and subject to the approval of the court having jurisdiction.
(b) The assurance of voluntary compliance shall not be considered
an admission of a deceptive act for any purpose; however, any
violation of the terms of the assurance constitutes prima facie
evidence of a deceptive act. Matters thus closed may at any time be
reopened by the attorney general for further proceedings in the public
interest.
As added by Acts 1978, P.L.127, SEC.4.
IC 24-5-0.5-8
Incurable deceptive act; civil penalty
Sec. 8. A person who commits an incurable deceptive act is
subject to a civil penalty of a fine of not more than five hundred
dollars ($500) for each violation. The attorney general, acting in the
name of the state, has the exclusive right to petition for recovery of
such a fine, and this fine may be recovered only in an action brought
under section 4(c) of this chapter.
As added by Acts 1978, P.L.127, SEC.5. Amended by Acts 1982,
P.L.152, SEC.5.
IC 24-5-0.5-9
Cooperative purchase supplier contracts; maximum duration; civil
penalty
Sec. 9. A supplier which is organized primarily to provide benefits
to persons from the cooperative purchase of the subject of a
consumer transaction shall not offer a contract for that purpose that
is to be effective for more than five (5) years. A supplier that violates
this section is subject to a civil penalty of a fine of not more than five
hundred dollars ($500) for each violation. The attorney general,
acting in the name of the state, has the exclusive right to petition for
recovery of such a fine, and this fine may be recovered only in an
action brought under section 4(c) of this chapter.
As added by Acts 1978, P.L.127, SEC.6. Amended by Acts 1982,
P.L.152, SEC.6.
IC 24-5-0.5-10
Suppliers; deceptive and unconscionable acts
Sec. 10. (a) A supplier commits a deceptive act if the supplier
gives any of the following representations, orally or in writing, or
does any of the following acts:
(1) Either:
(A) solicits to engage in a consumer transaction without a
permit or other license required by law;
(B) solicits to engage in a consumer transaction if a permit
or other license is required by law to engage in the consumer
transaction and the supplier is not qualified to obtain the
required permit or other license or does not intend to obtain
the permit or other license; or
(C) engages in a consumer transaction without a permit or
other license required by law.
(2) Commits a violation of IC 24-5-10.
(3) Contrives, prepares, sets up, operates, publicizes by means
of advertisements, or promotes a pyramid promotional scheme.
(b) A supplier commits an unconscionable act that shall be treated
the same as a deceptive act under this chapter if the supplier solicits
a person to enter into a contract or agreement:
(1) that contains terms that are oppressively one sided or harsh;
(2) in which the terms unduly limit the person's remedies; or
(3) in which the price is unduly excessive;
and there was unequal bargaining power that led the person to enter
into the contract or agreement unwillingly or without knowledge of
the terms of the contract or agreement. There is a rebuttable
presumption that a person has knowledge of the terms of a contract
or agreement if the person signs a written contract.
As added by P.L.12-1986, SEC.7. Amended by P.L.251-1987, SEC.1;
P.L.18-1997, SEC.4.
IC 24-5-0.5-12
False claim of doctoral degree
Sec. 12. (a) It is an incurable deceptive act for an individual, while
soliciting or performing a consumer transaction, to claim, either
orally or in writing, to possess a doctorate degree or use a title, a
word, letters, an insignia, or an abbreviation associated with a
doctorate degree, unless the individual:
(1) has been awarded a doctorate degree from an institution that
is:
(A) accredited by a regional or professional accrediting
agency recognized by the United States Department of
Education or the Council on Postsecondary Accreditation;
(B) a religious seminary, institute, college, or university
whose certificates, diplomas, or degrees clearly identify the
religious character of the educational program; or
(C) operated and supported by a governmental agency; or
(2) meets the requirements approved by one (1) of the following
boards:
(A) Medical licensing board of Indiana.
(B) State board of dental examiners.
(C) Indiana optometry board.
(D) Board of podiatric medicine.
(E) State psychology board.
(F) Board of chiropractic examiners.
(G) Indiana board of veterinary medical examiners.
(H) Indiana board of pharmacy.
(I) Indiana state board of nursing.
(b) It is an incurable deceptive act for an individual, while
soliciting or performing a consumer transaction, to claim to be a:
(1) physician unless the individual holds an unlimited license to
practice medicine under IC 25-22.5;
(2) chiropractic physician unless the individual holds a license
as a chiropractor under IC 25-10-1; or
(3) podiatric physician unless the individual holds a license as
a podiatrist under IC 25-29.
(c) The attorney general shall enforce this section in the same
manner as any other incurable deceptive act under this chapter.
As added by P.L.175-1997, SEC.1. Amended by P.L.246-1999,
SEC.1; P.L.12-2000, SEC.1.