Sec. 23. (a) A contract is invalid if the contract allows the purchaser the right to: (1) convert, substitute, or exchange the purchase of burial rights for the purchase of services or merchandise; (2) free services or merchandise in exchange for the purchase of other services or merchandise; or (3) receive cash or gifts, other […]
Sec. 24. A seller or an agent may not knowingly do the following: (1) Except on request of a prospective purchaser, contact prospective purchasers in hospitals, health facilities, or similar institutions for the purpose of soliciting the sale of prepaid services or merchandise. (2) Solicit relatives of a person whose death is apparently pending for […]
Sec. 25. Solicitation of a sale of prepaid services or merchandise is permitted by a seller or an agent of a seller if the following exist: (1) The conditions set forth in sections 21 and 24 of this chapter are observed. (2) The following are clearly identified: (A) The seller or agent. (B) The seller […]
Sec. 26. During the lifetime of the purchaser the contract executed under this chapter is confidential and neither the seller nor the trustee may disclose to a third party the identity of the purchaser or the terms of the contract. This section does not prohibit normal commercial activities by a seller with regard to an […]
Sec. 27. Each seller of a prepaid contract under this chapter shall pay to the board on a form provided by it not later than March 1 of each year from money not deposited in a trust or escrow the following amounts for each contract written during the preceding calendar year: (1) Two dollars and […]
Sec. 28. (a) The preneed consumer protection fund is established. The board shall deposit receipts under section 27 of this chapter in the preneed consumer protection fund. (b) The expenses of administering the fund shall be paid from money in the fund. (c) The money in the fund and the interest accruing to the fund […]
Sec. 29. (a) Money in the fund may be used to provide restitution to a seller who performs a defaulted contract, to a purchaser, or to a purchaser’s estate for pecuniary loss arising from a trust or an escrow required by: (1) this chapter; (2) IC 23-14-49-1; (3) IC 30-2-9; or (4) IC 30-2-10. The […]
Sec. 3. As used in this chapter, “board” refers to the state board of funeral and cemetery service established by IC 25-15-9-1. As added by P.L.200-1991, SEC.1.
Sec. 30. (a) The seller shall maintain accurate records, books, and accounts for each contract sold under this chapter containing the following: (1) Copies of all contracts. (2) The dates of all contracts. (3) The amounts paid and received under each contract. (4) The complete name, address, and identification of all parties to each contract. […]
Sec. 31. (a) A seller who is required to register under this article, a cemetery under IC 25-15-9-17, a funeral home under IC 25-15, and a perpetual care fund under IC 23-14-48 shall file an annual report with the board that provides the following information: (1) The name and location of each seller, cemetery, funeral […]
Sec. 32. A seller of: (1) prepaid services or merchandise; or (2) at-need services or merchandise; shall maintain for display or on request at the seller’s place of business and in the possession of an agent appointed by the seller a fully detailed general price list of all prepaid and at-need services or merchandise offered […]
Sec. 33. (a) A seller may not sell or provide prepaid services or merchandise or a contract designed to provide a funding mechanism to be used in conjunction with the purchase of prepaid services or merchandise under this chapter without first obtaining a certificate of authority from the board. However, an employee of a seller […]
Sec. 34. The board may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.200-1991, SEC.1.
Sec. 35. It is a violation of this chapter for a seller to misrepresent the character, quality, durability, or suitability for a specific or an intended purpose of services or merchandise offered for sale to a purchaser. As added by P.L.200-1991, SEC.1.
Sec. 36. The board may suspend the certificate of authority of a seller who violates a provision of this chapter. The board may suspend the certificate of authority of a seller who intentionally violates section 12.5 of this chapter for at least one (1) year. The board may assess a seller a fine of not […]
As added by P.L.200-1991, SEC.1. Repealed by P.L.207-1993, SEC.35.
Sec. 38. (a) A seller who violates a provision of this chapter commits an uncured deceptive act (as defined in IC 24-5-0.5-2). (b) A person doing business as a sole proprietor, a firm, a limited liability company, a corporation, an association, or a partnership, but not acting as a seller that: (1) sells or advertises […]
Sec. 39. (a) This section does not apply to a trust funded by the method described in section 11(c) of this chapter. (b) A seller may not be an affiliate, a parent, or a subsidiary organization of the trustee or escrow agent, acting as a fiduciary, of a trust or escrow account established after June […]
Sec. 4. As used in this chapter, “contract” means a written agreement between a purchaser and a seller that: (1) obligates the seller to provide prepaid services or merchandise, or both, for a named individual; and (2) becomes irrevocable thirty (30) days after the written agreement is signed by the purchaser and seller. As added […]
Sec. 5. As used in this chapter, “delivery” means the time when: (1) services are performed in connection with the funeral or other disposition of the purchaser or the individual for whom services are to be provided under the contract; (2) except for merchandise described in section 8(1)(A) and 8(1)(C) of this chapter, the merchandise […]
