Authority: IC 4-6-9-8; IC 24-4.7-3-7

Affected: IC 24-4.7-3-2; IC 24-4.7-4; IC 24-4.7-5

Sec. 1. In any proceeding brought against a telephone solicitor by the attorney general under IC 24-4.7-5, the attorney general may consider the following as mitigating factors in the attorney general's decision to seek civil penalties under IC 24-4.7-5:

1. (1) That the defendant has obtained, from the division or the agent with which the division has contracted under IC 24-4.7-3-2, the most recently published telephone privacy list.
2. (2) That the defendant has maintained the records required by 11 IAC 1-2-1.
3. (3) That the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of IC 24-4.7-4.
4. (4) That the defendant has not previously been found to have violated IC 24-4.7.

(Consumer Protection Division of the Office of the Attorney General; 11 IAC 1-3-1; filed Jan 18, 2002, 5:00 p.m.: 25 IR 1855; readopted filed Jun 9, 2008, 11:27 a.m.: 20080702-IR-011080326RFA; readopted filed Sep 12, 2014, 10:43 a.m.: 20141008-IR-011140245RFA; readopted filed Sep 18, 2020, 9:43 a.m.: 20201014-IR-011200229RFA)