Terms Used In Indiana Code > Title 4 > Article 23 > Chapter 29 - Governor's Council for People With Disabilities

• act: refers to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U. See Indiana Code 4-23-29-1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• ancillary service charge: means any charge that:

  Indiana Code 24-5-27-2

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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 engaged or intends to engage in a practice that violates this chapter. See Indiana Code 24-5-22-1
• 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
• authorized fee: means a government authorized, but discretionary, fee:

  Indiana Code 24-5-27-3

• board: refers to the board of directors of the council. See Indiana Code 4-23-29-2
• collect calling: means an arrangement in which the called party takes affirmative action clearly indicating that the party will pay the charges associated with a call originating from an inmate telephone. See Indiana Code 24-5-27-4
• commercial communication: means any written or oral statement, illustration, or depiction, whether in English or another language, that is designed to create interest in procuring legal services, whether it appears on or in a label, package, package insert, radio, television, brochure, newspaper, magazine, pamphlet, leaflet, circular, mailer, book insert, free standing insert, letter, catalog, poster, chart, billboard, public transit card, point of purchase display, film slide, audio program transmitted over a telephone system, telemarketing script, on-hold script, upsell script, training materials provided to a telemarketing firm, program length commercial, the Internet, cellular network, or any other medium, as well as promotional materials, items, and Internet web sites. See Indiana Code 24-5-26.5-1
• commercial electronic mail message: refers to an electronic mail message sent to promote the sale or lease of real property, goods, or services. See Indiana Code 24-5-22-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• consumer: means an individual:

  Indiana Code 24-5-24-1

• consumer: means an individual whose principal residence is in Indiana. See Indiana Code 24-5-24.5-1
• consumer: refers to an individual who views a commercial communication for personal or familial purposes. See Indiana Code 24-5-26.5-2
• consumer: means an individual who pays, or is responsible for paying, a provider for intrastate inmate calling services. See Indiana Code 24-5-27-5
• consumer report: means any written, oral, or other communication of any information that:

  Indiana Code 24-5-24-2

• consumer report: has the meaning set forth in IC 24-5-24-2. See Indiana Code 24-5-24.5-2
• consumer reporting agency: means any person that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a consumer report to another person. See Indiana Code 24-5-24-3
• consumer reporting agency: has the meaning set forth in IC 24-5-24-3. See Indiana Code 24-5-24.5-3
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• correctional facility: means :

  Indiana Code 24-5-27-6

• council: refers to the governor's council for people with disabilities established by section 7 of this chapter. See Indiana Code 4-23-29-3
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• creditor: means a person:

  Indiana Code 24-5-23.5-3

• creditor: means :

  Indiana Code 24-5-23.6-1

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• debit calling: means a presubscription or comparable service that allows an inmate, or someone acting on an inmate's behalf, to fund an account that:

  Indiana Code 24-5-27-7

• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• department: refers to the department of financial institutions established by IC 28-11-1-1. See Indiana Code 24-5-23.6-3
• Dependent: A person dependent for support upon another.
• developmental disability: means a severe, chronic disability that:

  Indiana Code 4-23-29-4

• disability: means a physical or mental impairment that substantially limits one (1) or more major life activities. See Indiana Code 4-23-29-5
• dwelling: means a residential structure that is located in Indiana and that contains one (1) to four (4) units, regardless of whether the structure is permanently attached to real property. See Indiana Code 24-5-23.6-4
• electronic mail address: means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered. See Indiana Code 24-5-22-3
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• five star mortgage lender: means a creditor that:

  Indiana Code 24-5-23.6-5

• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• flat rate calling: means a calling plan under which a provider charges a single fee for an inmate calling services call, regardless of the duration of the call. See Indiana Code 24-5-27-8
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• identity theft: means :

  Indiana Code 24-5-26-1

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• inmate: means an individual detained at a correctional facility, regardless of the duration of the detention. See Indiana Code 24-5-27-9
• interactive computer service: means an information service, a system, or an access software provider that provides or enables computer access to a computer server by multiple users. See Indiana Code 24-5-22-5
• Internet domain name: refers to a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right most string specifying the top of the hierarchy. See Indiana Code 24-5-22-6
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• 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.
• lead generation: refers to the use of commercial communication to initiate consumer interest or inquiry into legal services provided in Indiana or another jurisdiction to redress an alleged injury from a medical device or legend drug. See Indiana Code 24-5-26.5-3
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• legend drug: has the meaning set forth in IC 16-18-2-199. See Indiana Code 24-5-26.5-4
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• major life activity: includes the following:

  Indiana Code 4-23-29-6

• mandatory tax or fee: means a tax or fee that a provider is required to:

  Indiana Code 24-5-27-14

• manufacturer: means either of the following:

  Indiana Code 24-5-26.5-5

• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• medical device: refers to an instrument, an apparatus, an implement, a machine, a contrivance, an implant, an in vitro reagent, or another similar or related article, including a component part or accessory:

  Indiana Code 24-5-26.5-6

• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• mortgage: means a sale or loan, or the refinancing or consolidation of a sale or loan, in which a first mortgage deed of (or another equivalent consensual security interest) that constitutes a first lien, is created or retained against land that is located in Indiana and upon which there is a dwelling that is or will be used by the debtor primarily for personal, family, or household purposes. See Indiana Code 24-5-23.6-7
• mortgage lender: means the original lender under a mortgage and the original lender's successors and assigns, including insurance companies, trust companies, banks, investment companies, savings banks, savings associations, credit unions, executors, trustees, and other fiduciaries, or any other mortgagee authorized to do business in this state. See Indiana Code 24-5-23-1
• mortgage loan: means a loan in which a mortgage (or another equivalent consensual security interest) that constitutes a lien is created or retained against an interest in real property in Indiana. See Indiana Code 24-5-23.5-4
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• per call or per connection charge: means a one (1) time fee charged to a consumer at call initiation. See Indiana Code 24-5-27-15
• performing group: means a vocal or an instrumental group seeking to use the name of another group that has previously released a commercial sound recording under the name of the other group. See Indiana Code 24-5-25-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• prepaid calling: means a presubscription or comparable service in which:

  Indiana Code 24-5-27-16

• prepaid collect calling: means a calling arrangement that:

  Indiana Code 24-5-27-17

• program: refers to the five star mortgage program established by section 9 of this chapter. See Indiana Code 24-5-23.6-8
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• protected consumer: means an individual who is:

  Indiana Code 24-5-24.5-4

• provider: means any communications service provider that provides inmate calling services, regardless of the technology used to provide the services. See Indiana Code 24-5-27-18
• real estate appraiser: means a person who prepares the appraisal for a real estate transaction in Indiana, regardless of whether the person is licensed or certified, or required to be licensed or certified, under the real estate appraiser licensure and certification program established under Indiana Code 24-5-23.5-5
• real estate transaction: means a transaction that involves one (1) or both of the following:

  Indiana Code 24-5-23.5-6

• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• record: means a compilation of information that:

  Indiana Code 24-5-24.5-5

• recording group: means a vocal or an instrumental group, at least one (1) of whose members has released a commercial sound recording under the group's name, and in which the member or members:

  Indiana Code 24-5-25-2

• representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Indiana Code 24-5-24.5-6
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• security freeze: means a designation placed on a consumer's consumer report:

  Indiana Code 24-5-24-4

• security freeze: means :

  Indiana Code 24-5-24.5-7

• seller: means a person that, in the course of business conducted for that purpose, does either of the following:

  Indiana Code 24-5-26.5-7

• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• sound recording: means a work that results from the placement on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a compact disc, cassette, tape, or phonograph record, in which the sounds are placed. See Indiana Code 24-5-25-3
• sponsor: means a person on whose behalf a commercial communication is conducted to promote or advertise legal services. See Indiana Code 24-5-26.5-8
• Statute: A law passed by a legislature.
• sufficient proof of authority: means documentation that shows a representative has authority to act on behalf of a protected consumer and includes:

  Indiana Code 24-5-24.5-8

• sufficient proof of identification: means information or documentation that identifies a protected consumer or a representative of a protective consumer and includes:

  Indiana Code 24-5-24.5-9

• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5