Indiana Code

Ind. Code § 24-9-2-7 (2026)

"Deceptive act"

✓ current as of May 2026

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Sec. 7. (a) "Deceptive act" means:

(1) an act or a practice as part of a mortgage transaction (as defined in IC 24-9-3-7(a)), or of a real estate transaction (as defined in IC 24-9-3-7(b)), in which a person at the time of the transaction knowingly or intentionally:

(A) makes a material misrepresentation; or

(B) conceals material information regarding the terms or conditions of the transaction; or

(2) a violation of IC 24-5.5 concerning mortgage rescue protection fraud as set forth in IC 24-5.5-6-1.

(b) For purposes of this section, "knowingly" means having actual knowledge at the time of the transaction.

As added by P.L.73-2004, SEC.33. Amended by P.L.226-2011, SEC.16; P.L.231-2013, SEC.7.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2011–2023 · leading case: Consum. Attorney Servs., P.A., The McCann Law Grp. LLP, & Brenda L. McCann, Individually & as Owner &/or Officer of Consum. Attorney Servs., P.A. v. State of Indiana, 71 N.E.3d 362 (Ind. 2017).

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Consum. Attorney Servs., P.A., The McCann Law Grp. LLP, & Brenda L. McCann, Individually & as Owner &/or Officer of Consum. Attorney Servs., P.A. v. State of Indiana, 71 N.E.3d 362 (Ind. 2017). · cites it 2× “Code § 24-9-3-7 (c)(3), and further defines “deceptive act” to include MRPFA violations, Ind. Code § 24-9-2-7 (a)(2). The DCSA is broader in scope, barring an “unfair, abusive, or deceptive act, omission, ox-practice in connection with a consumer transaction,” Ind.”

Phillip A. Collins v. HSBC Bank USA, Nat'l Ass'n, as Tr. for Home Equity Loan Trust Series Act 2004-HE3, 974 N.E.2d 537 (Ind. Ct. App. 2012). · cites it 2× “Collins also contends that ASC violated a provision of the Indiana Home Loan Practices Act (“IHLPA”), Indiana Code section 24-9-2-7. 2 HSBC’s liability under the counterclaims is based on Collins’ contention that HSBC, as the principal, is liable for the wrongful conduct of ASC…”

Consum. Attorney Servs., P.A. v. State of Indiana, 53 N.E.3d 599 (Ind. Ct. App. 2016). · cites it 2× “I.C. § 24-9-2-7. In its complaint for violations of the HLPA, the Attorney General alleged that the “deceptive acts” committed by MLG/CAS and McCann were the previously-stated violations of both the CSOA and the MRPFA.”

Collins v. Am.'s Servicing Co., 652 F.3d 711 (7th Cir. 2011). “Ind. Code § 24-9-2-7 (a). The judge found that Collins failed to prove any of these elements.”

Fair Hous. Ctr. of Cent. Indiana, Inc. v. Rainbow Realty Grp., Inc. (S.D. Ind. 2021). · cites it 2× “§ 24-9-2-7. Rainbow’s advertisements aren’t part of the rent to buy program transaction.”

O'Flynn v. PHH Mortage Corp. (Bankr. S.D. Ind. 2023). · cites it 2× “Ind. Code §24-9-2-7 (a). “Knowing” means “having actual knowledge at the time of the transaction.”

Fair Hous. Ctr. of Cent. Indiana, Inc. v. Rainbow Realty Grp., Inc. (S.D. Ind. 2020). “Code § 24-9-2-7 (a)(1). The plaintiffs raise four issues under the Home Loan Practices Act.”

— Ind. Code § 24-9-2-7(a)(1) — 1 case

Fair Hous. Ctr. of Cent. Indiana, Inc. v. Rainbow Realty Grp., Inc. (S.D. Ind. 2021). “§ 24-9-2-7. Rainbow’s advertisements aren’t part of the rent to buy program transaction.”

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