Terms Used In Indiana Code > Title 24 > Article 5 > Chapter 12 - Telephone Solicitations

• 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
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• division: means the consumer protection division of the office of the attorney general. See Indiana Code 24-5-12-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• item: means tangible or intangible property or services. See Indiana Code 24-5-12-2
• owner: means a person who owns or controls ten percent (10%) or more of the equity of a seller, or otherwise has a claim to ten percent (10%) or more of the net income of a seller. See Indiana Code 24-5-12-3
• 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.
• person: means an individual, an incorporated or unincorporated organization or association, or any other legal entity. See Indiana Code 24-5-12-4
• principal: means an owner, an officer, a general partner, a trustee, or other individual with supervisory functions usually exercised by those persons. See Indiana Code 24-5-12-5
• prospect: means a person solicited by a seller. See Indiana Code 24-5-12-6
• salesperson: means a person employed, authorized, or appointed by a seller, including an independent contractor, who solicits a sale on behalf of the seller. See Indiana Code 24-5-12-7
• seller: means a person who, personally, through salespersons, or through the use of an automated dialing and answering device, makes a solicitation if in the solicitation any one (1) of the following occurs:

  Indiana Code 24-5-12-8

• Service of process: The service of writs or summonses to the appropriate party.
• solicitation: means a telephone conversation or attempted telephone conversation that occurs in a telephone call made by a seller to another person in which the seller offers, or attempts to offer, an item to the other person in exchange for money or other consideration. See Indiana Code 24-5-12-9
• Statute: A law passed by a legislature.
• Trustee: A person or institution holding and administering property in trust.
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5