HB 1419

                                                            Introduced Version
           HOUSE BILL No. 1419
                 _____
               DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-5-0.5-3; IC 26-3-8-17.
Synopsis: Self-service storage facilities. Requires an owner of a
self-service storage facility to implement adequate security measures
to prevent the theft of a renter's personal property that is stored in a
rented space at the owner's self-service storage facility. Provides that
an owner of a self-service storage facility who engages in false,
deceptive, or misleading advertising relating to security measures
implemented or not implemented at the owner's self-service storage
facility, commits a deceptive act.
Effective: July 1, 2026.
                           GiaQuinta
January 8, 2026, read first time and referred to Committee on Commerce, Small Business
and Economic Development.
2026  IN 1419—LS 6333/DI 154
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1419
   A BILL FOR AN ACT to amend the Indiana Code concerning
 commercial law.
     Be it enacted by the General Assembly of the State of Indiana:
1     SECTION 1. IC 24-5-0.5-3, AS AMENDED BY P.L.104-2024,
2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 3. (a) A supplier may not commit an unfair,
4 abusive, or deceptive act, omission, or practice in connection with a
5 consumer transaction. Such an act, omission, or practice by a supplier
6 is a violation of this chapter whether it occurs before, during, or after
7 the transaction. An act, omission, or practice prohibited by this section
8 includes both implicit and explicit misrepresentations.
9     (b) Without limiting the scope of subsection (a), the following acts,
10 and the following representations as to the subject matter of a
11 consumer transaction, made orally, in writing, or by electronic
12 communication, by a supplier, are deceptive acts:
13(1) That such subject of a consumer transaction has sponsorship,
14approval, performance, characteristics, accessories, uses, or
15benefits it does not have which the supplier knows or should
16reasonably know it does not have.
17(2) That such subject of a consumer transaction is of a particular
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1standard, quality, grade, style, or model, if it is not and if the
2supplier knows or should reasonably know that it is not.
3(3) That such subject of a consumer transaction is new or unused,
4if it is not and if the supplier knows or should reasonably know
5that it is not.
6(4) That such subject of a consumer transaction will be supplied
7to the public in greater quantity than the supplier intends or
8reasonably expects.
9(5) That replacement or repair constituting the subject of a
10consumer transaction is needed, if it is not and if the supplier
11knows or should reasonably know that it is not.
12(6) That a specific price advantage exists as to such subject of a
13consumer transaction, if it does not and if the supplier knows or
14should reasonably know that it does not.
15(7) That the supplier has a sponsorship, approval, or affiliation in
16such consumer transaction the supplier does not have, and which
17the supplier knows or should reasonably know that the supplier
18does not have.
19(8) That such consumer transaction involves or does not involve
20a warranty, a disclaimer of warranties, or other rights, remedies,
21or obligations, if the representation is false and if the supplier
22knows or should reasonably know that the representation is false.
23(9) That the consumer will receive a rebate, discount, or other
24benefit as an inducement for entering into a sale or lease in return
25for giving the supplier the names of prospective consumers or
26otherwise helping the supplier to enter into other consumer
27transactions, if earning the benefit, rebate, or discount is
28contingent upon the occurrence of an event subsequent to the time
29the consumer agrees to the purchase or lease.
30(10) That the supplier is able to deliver or complete the subject of
31the consumer transaction within a stated period of time, when the
32supplier knows or should reasonably know the supplier could not.
33If no time period has been stated by the supplier, there is a
34presumption that the supplier has represented that the supplier
35will deliver or complete the subject of the consumer transaction
36within a reasonable time, according to the course of dealing or the
37usage of the trade.
38(11) That the consumer will be able to purchase the subject of the
39consumer transaction as advertised by the supplier, if the supplier
40does not intend to sell it.
41(12) That the replacement or repair constituting the subject of a
42consumer transaction can be made by the supplier for the estimate
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1the supplier gives a customer for the replacement or repair, if the
2specified work is completed and:
3(A) the cost exceeds the estimate by an amount equal to or
4greater than ten percent (10%) of the estimate;
5(B) the supplier did not obtain written permission from the
6customer to authorize the supplier to complete the work even
7if the cost would exceed the amounts specified in clause (A);
8(C) the total cost for services and parts for a single transaction
9is more than seven hundred fifty dollars ($750); and
10(D) the supplier knew or reasonably should have known that
11the cost would exceed the estimate in the amounts specified in
12clause (A).
13(13) That the replacement or repair constituting the subject of a
14consumer transaction is needed, and that the supplier disposes of
15the part repaired or replaced earlier than seventy-two (72) hours
16after both:
17(A) the customer has been notified that the work has been
18completed; and
19(B) the part repaired or replaced has been made available for
20examination upon the request of the customer.
21(14) Engaging in the replacement or repair of the subject of a
22consumer transaction if the consumer has not authorized the
23replacement or repair, and if the supplier knows or should
24reasonably know that it is not authorized.
25(15) The act of misrepresenting the geographic location of the
26supplier by listing an alternate business name or an assumed
27business name (as described in IC 23-0.5-3-4) in a local telephone
28directory if:
29(A) the name misrepresents the supplier's geographic location;
30(B) the listing fails to identify the locality and state of the
31supplier's business;
32(C) calls to the local telephone number are routinely forwarded
33or otherwise transferred to a supplier's business location that
34is outside the calling area covered by the local telephone
35directory; and
36(D) the supplier's business location is located in a county that
37is not contiguous to a county in the calling area covered by the
38local telephone directory.
39(16) The act of listing an alternate business name or assumed
40business name (as described in IC 23-0.5-3-4) in a directory
41assistance data base if:
42(A) the name misrepresents the supplier's geographic location;
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1(B) calls to the local telephone number are routinely forwarded
2or otherwise transferred to a supplier's business location that
3is outside the local calling area; and
4(C) the supplier's business location is located in a county that
5is not contiguous to a county in the local calling area.
6(17) The violation by a supplier of IC 24-3-4 concerning
7cigarettes for import or export.
8(18) The act of a supplier in knowingly selling or reselling a
9product to a consumer if the product has been recalled, whether
10by the order of a court or a regulatory body, or voluntarily by the
11manufacturer, distributor, or retailer, unless the product has been
12repaired or modified to correct the defect that was the subject of
13the recall.
14(19) The violation by a supplier of 47 U.S.C. 227, including any
15rules or regulations issued under 47 U.S.C. 227.
16(20) The violation by a supplier of the federal Fair Debt
17Collection Practices Act (15 U.S.C. 1692 et seq.), including any
18rules or regulations issued under the federal Fair Debt Collection
19Practices Act (15 U.S.C. 1692 et seq.).
20(21) A violation of IC 24-5-7 (concerning health spa services), as
21set forth in IC 24-5-7-17.
22(22) A violation of IC 24-5-8 (concerning business opportunity
23transactions), as set forth in IC 24-5-8-20.
24(23) A violation of IC 24-5-10 (concerning home consumer
25transactions), as set forth in IC 24-5-10-18.
26(24) A violation of IC 24-5-11 (concerning real property
27improvement contracts), as set forth in IC 24-5-11-14.
28(25) A violation of IC 24-5-12 (concerning telephone
29solicitations), as set forth in IC 24-5-12-23.
30(26) A violation of IC 24-5-13.5 (concerning buyback motor
31vehicles), as set forth in IC 24-5-13.5-14.
32(27) A violation of IC 24-5-14 (concerning automatic
33dialing-announcing devices), as set forth in IC 24-5-14-13.
34(28) A violation of IC 24-5-15 (concerning credit services
35organizations), as set forth in IC 24-5-15-11.
36(29) A violation of IC 24-5-16 (concerning unlawful motor
37vehicle subleasing), as set forth in IC 24-5-16-18.
38(30) A violation of IC 24-5-17 (concerning environmental
39marketing claims), as set forth in IC 24-5-17-14.
40(31) A violation of IC 24-5-19 (concerning deceptive commercial
41solicitation), as set forth in IC 24-5-19-11.
42(32) A violation of IC 24-5-21 (concerning prescription drug
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1discount cards), as set forth in IC 24-5-21-7.
2(33) A violation of IC 24-5-23.5-7 (concerning real estate
3appraisals), as set forth in IC 24-5-23.5-9.
4(34) A violation of IC 24-5-26 (concerning identity theft), as set
5forth in IC 24-5-26-3.
6(35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
7as set forth in IC 24-5.5-6-1.
8(36) A violation of IC 24-8 (concerning promotional gifts and
9contests), as set forth in IC 24-8-6-3.
10(37) A violation of IC 21-18.5-6 (concerning representations
11made by a postsecondary credit bearing proprietary educational
12institution), as set forth in IC 21-18.5-6-22.5.
13(38) A violation of IC 24-5-15.5 (concerning collection actions of
14a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
15(39) A violation of IC 24-14 (concerning towing services), as set
16forth in IC 24-14-10-1.
17(40) A violation of IC 24-5-14.5 (concerning misleading or
18inaccurate caller identification information), as set forth in
19IC 24-5-14.5-12.
20(41) A violation of IC 24-5-27 (concerning intrastate inmate
21calling services), as set forth in IC 24-5-27-27.
22(42) A violation of IC 15-21 (concerning sales of dogs by retail
23pet stores), as set forth in IC 15-21-7-4.
24(43) A violation of IC 24-4-23 (concerning the security of
25information collected and transmitted by an adult oriented website
26operator), as set forth in IC 24-4-23-14.
27(44) A violation of IC 26-3-8 (concerning false, deceptive, or
28misleading advertising relating to self-service storage facility
29security measures), as set forth in IC 26-3-8-17.
30    (c) Any representations on or within a product or its packaging or
31 in advertising or promotional materials which would constitute a
32 deceptive act shall be the deceptive act both of the supplier who places
33 such representation thereon or therein, or who authored such materials,
34 and such other suppliers who shall state orally or in writing that such
35 representation is true if such other supplier shall know or have reason
36 to know that such representation was false.
37    (d) If a supplier shows by a preponderance of the evidence that an
38 act resulted from a bona fide error notwithstanding the maintenance of
39 procedures reasonably adopted to avoid the error, such act shall not be
40 deceptive within the meaning of this chapter.
41    (e) It shall be a defense to any action brought under this chapter that
42 the representation constituting an alleged deceptive act was one made
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1 in good faith by the supplier without knowledge of its falsity and in
2 reliance upon the oral or written representations of the manufacturer,
3 the person from whom the supplier acquired the product, any testing
4 organization, or any other person provided that the source thereof is
5 disclosed to the consumer.
6     (f) For purposes of subsection (b)(12), a supplier that provides
7 estimates before performing repair or replacement work for a customer
8 shall give the customer a written estimate itemizing as closely as
9 possible the price for labor and parts necessary for the specific job
10 before commencing the work.
11     (g) For purposes of subsection (b)(15) and (b)(16), a telephone
12 company or other provider of a telephone directory or directory
13 assistance service or its officer or agent is immune from liability for
14 publishing the listing of an alternate business name or assumed
15 business name of a supplier in its directory or directory assistance data
16 base unless the telephone company or other provider of a telephone
17 directory or directory assistance service is the same person as the
18 supplier who has committed the deceptive act.
19     (h) For purposes of subsection (b)(18), it is an affirmative defense
20 to any action brought under this chapter that the product has been
21 altered by a person other than the defendant to render the product
22 completely incapable of serving its original purpose.
23     SECTION 2. IC 26-3-8-17 IS ADDED TO THE INDIANA CODE
24 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
25 1, 2026]: Sec. 17. (a) An owner of a self-service storage facility shall
26 implement adequate security measures to prevent the theft of a
27 renter's personal property that is stored in a rented space at the
28 owner's self-service storage facility. Adequate security measures
29 include:
30(1) installing a video surveillance system that covers all areas
31of a self-service storage facility;
32(2) ensuring that all areas of a self-service storage facility are
33well lit; and
34(3) ensuring that the perimeter of a self-service storage
35facility is secure.
36     (b) An owner of a self-service storage facility who engages in
37 false, deceptive, or misleading advertising relating to security
38 measures implemented or not implemented at the owner's
39 self-service storage facility commits a deceptive act that is
40 actionable by the attorney general under IC 24-5-0.5 and is subject
41 to the penalties and remedies available to the attorney general
42 under IC 24-5-0.5.
 2026  IN 1419—LS 6333/DI 154