CHAPTER 9. VIOLATIONS; CIVIL DAMAGES
IC 24-7-9
Chapter 9. Violations; Civil Damages
IC 24-7-9-1
False or inaccurate information in agreements or disclosures;
offense
Sec. 1. A lessor who knowingly gives false or inaccurate
information in a rental purchase agreement or a written disclosure
required under this article commits a Class C misdemeanor.
As added by P.L.254-1987, SEC.1.
IC 24-7-9-2
Failure to provide required information; offense
Sec. 2. A lessor who knowingly fails to provide information that
the lessor is required to disclose to a lessee or provide to the
department under this article commits a Class C misdemeanor.
As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997,
SEC.16.
IC 24-7-9-3
Unauthorized or excessive charges; offense
Sec. 3. A lessor who knowingly makes a charge under a rental
purchase agreement that:
(1) is not authorized under this article; or
(2) exceeds the amount authorized under this article;
commits a Class C misdemeanor.
As added by P.L.254-1987, SEC.1.
IC 24-7-9-4
Civil damages recoverable by lessee
Sec. 4. (a) If a lessor violates this article and a lessee who is a
party to the agreement prevails in the proceeding, the lessee may:
(1) recover from the lessor committing the violation; or
(2) set off in a counterclaim in any action by the lessor
committing the violation;
the amounts described in subsection (b).
(b) The lessee in an action described in subsection (a) may
recover all of the following:
(1) Reasonable attorney's fees, as determined by the court.
(2) Court costs.
(3) The greater of:
(A) the actual damages incurred by the lessee as a result of
the violation;
(B) three hundred dollars ($300); or
(C) twenty-five percent (25%) of the total rental payments
necessary to acquire ownership of the property leased under
the agreement.
As added by P.L.254-1987, SEC.1.
IC 24-7-9-5
Defenses; clerical error and correction
Sec. 5. It is a defense in a criminal proceeding under sections 1
through 3 of this chapter or a civil proceeding under section 4 of this
chapter that the lessor or an assignee of a lessor:
(1) failed to comply with this article as a result of a bona fide
clerical error; and
(2) corrected the error after the date of execution of the rental
purchase agreement.
As added by P.L.254-1987, SEC.1.
IC 24-7-9-6
Defense; compliance with rules
Sec. 6. It is a defense in a criminal proceeding under sections 1
through 3 of this chapter or a civil proceeding under section 4 of this
chapter that the lessor complied with a rule adopted by the
department.
As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997,
SEC.17.
IC 24-7-9-7
Limitation of actions
Sec. 7. Notwithstanding any other law, an action to recover the
amounts described in section 4 of this chapter must be commenced
within one (1) year after the action accrues.
As added by P.L.254-1987, SEC.1.