Current through P.L. 171-2024
Section 24-5-23.5-9 - Violation a Class A misdemeanor and a deceptive act; action for injunctive relief by attorney general; civil penalty; cumulative enforcement procedures(a) A person that knowingly or intentionally violates section 7 of this chapter commits: (1) a Class A misdemeanor; and(2) an act that is: (A) actionable by the attorney general under IC 24-5-0.5; and(B) subject to the penalties listed in IC 24-5-0.5.(b) The attorney general may maintain an action in the name of the state of Indiana to enjoin a person from violating section 7 of this chapter. A court in which the action is brought may: (2) order the person to make restitution;(3) order the person to reimburse the state for the attorney general's reasonable costs of investigating and prosecuting the violation; and(4) impose a civil penalty of not more than ten thousand dollars ($10,000) per violation.(c) A person that violates an injunction issued under this section is subject to a civil penalty of not more than ten thousand dollars ($10,000) per violation. The court that issues the injunction retains jurisdiction over a proceeding seeking the imposition of a civil penalty under this subsection.(d) A civil penalty imposed and collected under this section shall be deposited in the investigative fund established by IC 25-34.1-8-7.5.(e) The enforcement procedures established by this section are cumulative and an enforcement procedure available under this section is supplemental to any other enforcement procedure available under: (2) any other state or federal law, rule, or regulation; for a violation of section 7 of this chapter.
As added by P.L. 52-2009, SEC.2.