26-2-8-301. Severability Clause
Sec. 301. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. As added […]
26-2-8-105. Construction and Application
Sec. 105. This chapter must be construed and applied: (1) to facilitate electronic transactions consistent with other applicable law; (2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) to effectuate its general purpose to make uniform the law with respect to the subject of […]
26-2-8-302. Prospective Application
Sec. 302. This chapter applies to an electronic record or electronic signature created, generated, sent, communicated, received, or stored after June 30, 2000. As added by P.L.62-2000, SEC.1.
26-2-6-5. Injunctive Relief
Sec. 5. (a) The attorney general may bring an action on behalf of the state to obtain an injunction to enjoin noncompliance with this chapter. In this action the court may: (1) order replacement of the audio or visual entertainment product, the cost of which is to be borne by the manufacturer, manufacturer’s agent or […]
26-2-6-6. Violations; Action for Recovery of Penalties
Sec. 6. (a) A person who knowingly violates this chapter commits a Class C infraction. Each violation of this chapter constitutes a separate infraction. (b) In addition to any other available legal remedy, a person who violates the terms of an injunction issued under section 5 of this chapter commits a Class A infraction. Each […]
26-2-6-7. Actions by Service Representatives or Facilities to Recover for Violations
Sec. 7. An authorized service representative or independent service facility may bring an action on his own behalf to recover for a violation of this chapter, and, in addition to other remedies, may obtain damages in an amount equal to three (3) times the damages sustained due to the violation, plus reasonable attorney fees. As […]
26-2-7-1. Check
Sec. 1. As used in this chapter, “check” includes a draft. As added by P.L.42-1993, SEC.18.
26-2-7-2. Financial Institution
Sec. 2. (a) As used in this chapter, “financial institution” refers to a financial institution (as defined in IC 28-1-1-3). (b) The term does not include a person licensed under IC 24-4.5. As added by P.L.42-1993, SEC.18. Amended by P.L.10-2006, SEC.24 and P.L.57-2006, SEC.24; P.L.213-2007, SEC.33; P.L.217-2007, SEC.31.
26-2-7-3. Notice of Nonpayment
Sec. 3. For purposes of this chapter, notice that a check has not been paid by a financial institution is considered as having been given at the time that the notice was deposited in the regular United States mail, if the notice was addressed to either of the following: (1) The address printed on the […]
26-2-7-4. Liability for Stopping Payment or Permitting Dishonor of Checks
Sec. 4. Subject to section 8 of this chapter, a person found liable under other applicable law is liable under this chapter to the holder of a check if the person executed and delivered the check to another person drawn on or payable at a financial institution and the person does either of the following: […]