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Legislative Update

Pyramid promotional schemes

May 19, 2017 Filed Under: Civil

S.E.A. 283, P.L. 105
Effective: July 1, 2017
Removes references to pyramid promotional schemes in the deceptive consumer sales law and addresses pyramid promotional schemes in a separate law. Provides that a person may not establish, promote, operate, or participate in a pyramid promotional scheme. Specifies the enforcement powers of the attorney general with respect to a person who establishes, operates, or promotes a pyramid promotional scheme.
Provides for a private cause of action for a consumer deceived by a pyramid promotional scheme. Provides that, in certain circumstances, the burden of showing that a person benefitted from a pyramid scheme lies with the plan or operation or a person involved with the plan or operation. Increases the maximum amount of a civil penalty that may be imposed upon a pyramid promotional scheme to $10,000. Prescribes a rule of construction and its application to certain marketing operations.
The full law is available at: https://iga.in.gov/legislative/2017/bills/senate/283

Filed Under: Civil Tagged With: cause of action

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