The following definitions apply throughout this chapter:(1) 'Deception' means:(A) misrepresentation or omission of any material fact relating to the terms of a contract or agreement entered into with a senior consumer or to the existing or pre-existing condition of any of the property involved in such a contract or agreement; or(B) the use or employment of any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a senior consumer to enter into a contract or agreement.(2) 'Intimidation' means the conduct or communication by a person directed toward a senior consumer informing or implying to the senior consumer that the senior consumer will be deprived of food and nutrition, shelter, prescribed medication, or medical care and treatment if the senior consumer does not comply with the person's demands.(3) 'Person' means an individual, a corporation, the state of Indiana or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, a nonprofit corporation or organization, a cooperative, or any other legal entity.(4) 'Person in a position of trust and confidence' means a person, in relation to a t, a partnership, an association, a nonprofit corporation or organization, a cooperative, or any other legal entity.(4) 'Person in a position of trust and confidence' means a person, in relation to a senior consumer, who:(A) is a parent, spouse, adult child, or other relative by blood or marriage of the senior consumer;(B) is a joint tenant or tenant in common with the senior consumer;(C) has a legal or fiduciary relationship with the senior consumer;(D) is a financial planning or investment professional; or(E) is a paid or unpaid caregiver for the senior consumer.(5) 'Senior consumer' means an individual who is at least sixty (60) years of age.As added by P.L.250-2013, SEC.1.
Indiana Legal Code