Sec. 21. The following are not required to take legal action to enforce the collection of an enhanced prepaid wireless charge that is imposed on a consumer:

(1) A provider.

Terms Used In Indiana Code 36-8-16.6-21

  • 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
  • board: refers to the statewide 911 board established by Indiana Code 36-8-16.6-1
  • consumer: means a person that purchases prepaid wireless telecommunications service from a seller. See Indiana Code 36-8-16.6-2
  • department: refers to the department of state revenue. See Indiana Code 36-8-16.6-3
  • enhanced prepaid wireless charge: means the charge that a seller is required to collect from a consumer under section 12 of this chapter. See Indiana Code 36-8-16.6-4
  • provider: means a person or entity that offers prepaid wireless telecommunications service. See Indiana Code 36-8-16.6-8
  • seller: means a person that sells prepaid wireless telecommunications service to another person, including a retail merchant that meets one (1) or both of the economic thresholds under Indiana Code 36-8-16.6-10
(2) A seller.

However, the department or the board may initiate a collection action. A court finding for the department or the board, as applicable, in an action may award reasonable costs and attorney‘s fees associated with the collection action.

As added by P.L.113-2010, SEC.151.

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