Sec. 3. (a) This section does not apply to a violation of IC 24-9-3-7(c)(4) by a person required to be licensed by the department of financial institutions. The attorney general may bring an action to enjoin a violation of this article. A court in which the action is brought may:

(1) issue an injunction;

Terms Used In Indiana Code 24-9-8-3

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) order a person to make restitution;

(3) order a person to reimburse the state for reasonable costs of the attorney general’s investigation and prosecution of the violation of this article; and

(4) impose a civil penalty of not more than ten thousand dollars ($10,000) per violation.

     (b) A person who violates an injunction under this section is subject to a civil penalty of not more than ten thousand dollars ($10,000) per violation.

     (c) The court that issues an injunction retains jurisdiction over a proceeding seeking the imposition of a civil penalty under this section.

As added by P.L.73-2004, SEC.33. Amended by P.L.105-2009, SEC.12; P.L.114-2010, SEC.21.

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