24-5-21-1. Applicability
Sec. 1. This chapter does not apply to the following: (1) Eye or vision care services, glasses, or contact lenses provided by an optometrist or ophthalmologist. (2) A card, device, or other purchasing mechanism that is not insurance but that is administered in conjunction with a health or medical benefit by an insurance company, a […]
24-5-21-2. “Person” Defined
Sec. 2. As used in this chapter, “person” has the meaning set forth in IC 24-5-0.5-2. As added by P.L.230-2001, SEC.1.
24-5-22-1. “Assist the Transmission”
Sec. 1. As used in this chapter, “assist the transmission” means to provide substantial assistance or support that enables a person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is […]
24-5-21-3. Prohibitions Against Sale or Distribution of Card
Sec. 3. A person may not sell, market, promote, advertise, or distribute a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases in the following situations: (1) The card, device, or other purchasing mechanism does not expressly state in bold […]
24-5-22-2. “Commercial Electronic Mail Message”
Sec. 2. (a) As used in this chapter, “commercial electronic mail message” refers to an electronic mail message sent to promote the sale or lease of real property, goods, or services. (b) The term does not include an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for […]
24-5-21-4. Indiana Resident Designated as Agent for Service of Process
Sec. 4. A person who is not exempt under section 1 of this chapter and who sells, markets, promotes, advertises, or distributes a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases shall designate a resident in Indiana as an […]
24-5-22-3. “Electronic Mail Address”
Sec. 3. As used in this chapter, “electronic mail address” means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered. As added by P.L.36-2003, SEC.1.
24-5-21-5. Card Voidable for Noncompliance
Sec. 5. A contract entered into to purchase a card, device, or other purchasing mechanism that purports to offer discounts or access to discounts from a pharmacy for prescription drug or device purchases that does not comply with this chapter is voidable by the purchaser. As added by P.L.230-2001, SEC.1.
24-5-22-4. “Initiate the Transmission”
Sec. 4. (a) As used in this chapter, “initiate the transmission” refers to the action by the original sender of an electronic mail message. (b) The term does not include an action by any intervening interactive computer service that handles or retransmits the message. As added by P.L.36-2003, SEC.1.
24-5-21-6. Legal Action for Violations
Sec. 6. (a) The attorney general, a prosecuting attorney, or an individual may maintain an action to enjoin any act that is in violation of this chapter and for the recovery of damages. (b) An action brought under this section may be brought in the county where: (1) the plaintiff resides or conducts business; (2) […]