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DIGEST OF SB9 (Updated February 8, 2011 3:19 pm - DI 84)
Consumer protection matters. For purposes of the statute authorizing the attorney general to take certain actions with respect to abandoned health records and other records containing personal information, provides that a "health care provider" includes a person licensed, certified, registered, or regulated by a board listed in the statute governing health professions standards of practice. Specifies that the statute governing the quarterly listing of telephone numbers of Indiana consumers who request not to be solicited by telephone applies to a residential telephone subscriber who, for the service received: (1) has a place of primary use in Indiana; or (2) is issued an Indiana telephone number or an Indiana identification number; in order to include within the protections afforded by the statute subscribers of interconnected VOIP service, subscribers of mobile telecommunications services, and users of a prepaid wireless calling service. Requires the attorney general's consumer protection division to notify Indiana residents of the right of any of those subscribers or users to place a telephone number on the listing. Provides that for purposes of the same statute, a "telephone sales call" includes, in addition to calls made through automated dialing or recorded message devices, transmission of the following: (1) Text or graphic messages using short message service (SMS). (2) Images, photographs, or multimedia messages through multimedia messaging service (MMS). Amends the statute concerning deceptive consumer sales to: (1) provide that a violation of the federal Fair Debt Collection Practices Act (FDCPA) is a deceptive act that is actionable by the attorney general under the statute (but that is not subject to an action by an individual or to a class action); and (2) include cross references to certain consumer protection statutes, the violation of which constitutes a deceptive act subject to the penalties and remedies set forth in the statute. Limits the civil penalty that the attorney general may recover for a violation of the FDCPA to $1,000 per consumer. Specifies that for purposes of the statute governing home loan practices, a "deceptive act" includes a knowing or intentional misrepresentation made regarding real estate transactions, as well as mortgage transactions. Provides that the statute requiring the department of insurance (department) to establish and maintain an electronic system for the collection and storage of certain information about persons participating in or assisting with certain residential mortgage transactions also applies in the case of residential real estate transactions that: (1) do not involve a mortgage transaction; and (2) are closed by a closing agent after December 31, 2011. Requires certain additional information about residential mortgage transactions and residential real estate transactions to be collected and stored in the system.