24-5-22-7. Indiana Recipient of Commercial Electronic Mail Message; Transmission of Commercial Electronic Mail Message; Application
Sec. 7. (a) For purposes of this section, a person knows that the intended recipient of a commercial electronic mail message is an Indiana resident if that information is available, upon request, from the registrant of the Internet domain name contained in the recipient’s electronic mail address. (b) Subsection (c) applies only to a commercial […]
24-5-20-14. Limitation of Warranties and Waiver of Rights Prohibited
Sec. 14. (a) A manufacturer’s exclusion or limitation of the warranties or consumer remedies provided by this chapter is void. (b) A purported waiver of rights to legal action or arbitration by a consumer within an assistive device purchase agreement is void. As added by P.L.85-1999, SEC.1.
24-5-22-8. Commercial Electronic Mail; Prohibited Practices
Sec. 8. A person may not do any of the following: (1) Send unsolicited commercial electronic mail and fail to use “ADV:” as the initial four (4) characters in the subject line of the electronic mail. This subdivision does not apply if any of the following apply: (A) The sender of the electronic mail has […]
24-5-22-9. Interactive Computer Services; Blocking Transmission of Commercial Electronic Mail; Liability
Sec. 9. (a) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail message that it reasonably believes is or will be sent in violation of this chapter. (b) An interactive computer service is not liable for any action voluntarily taken in good […]
24-5-22-10. Right of Action; Exclusions; Defenses; Remedies; Jurisdiction
Sec. 10. (a) The following have a right of action against a person who initiates or assists the transmission of a commercial electronic mail message that violates this chapter: (1) A person who receives the commercial electronic mail message. (2) An interactive computer service that handles or retransmits the commercial electronic mail message. (b) This […]
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 […]