Indiana Law vs. Fortune Tellers: Spotting & Stopping False Ads

Ever walked past a glowing sign that promises to “Read Your Future for Only $5” and wondered if you’re about to get a free fortune or a pricey scam? In Indiana, the law takes a hard look at those mystical promises. This post is your crash‑course into how the state protects consumers, what counts as a false advertisement, and how you can spot the red flags before your wallet goes to the “magical” realm.

1. The Legal Landscape: Indiana’s Consumer Protection Code

At the heart of Indiana’s defense against deceptive marketing is the Consumer Protection Act (CPA), codified in Title 34, Chapter 10 of the Indiana Code. While the CPA covers a wide range of consumer goods and services, its provisions on misrepresentation are especially relevant for fortune tellers.

• Section 34-10-1.3: Prohibits any false or misleading statement in advertising that could influence a consumer’s purchase decision.
• Section 34-10-1.4: Requires that any claims be substantiated, or else the advertiser is liable for damages.
• Section 34-10-1.5: Gives the Indiana Attorney General (AG) authority to pursue civil penalties and injunctive relief.

In short, if a fortune teller advertises “Guaranteed Love Match” or claims to predict “exact lottery numbers,” they’re stepping into murky legal waters. The CPA expects a verifiable basis for such assertions—or else they’re likely violating the law.

2. What Constitutes a “False Advertisement”?

A false advertisement isn’t just about exaggeration; it’s a concrete misrepresentation that can be proven wrong. The CPA uses three key criteria:

1. Materiality: The claim must be significant enough to influence a consumer’s decision.
2. Verifiability: The advertiser must have evidence to support the claim.
3. Intent: The advertiser must have intended to deceive or was at least reckless.

Let’s break this down with a fortune teller example:

If the first claim is advertised, it’s a textbook case of false advertising.

3. Real‑World Examples & How the Law Applies

Below are two fictional scenarios that illustrate how Indiana law would react.

A. The “Lottery Predictor”

Jane runs a booth on the state fair grounds. Her flyer states: “Call now and win the jackpot! I’ll predict your exact numbers.” Legal Implication: This is a false claim under Section 34-10-1.3 because the numbers cannot be reliably predicted, and there’s no verifiable evidence. The AG could sue for damages up to the amount of money spent by consumers.

B. The “Free Love Match”

Mark offers a free love compatibility test, claiming it’s based on “scientific astrology.” He provides a printable sheet that lists partner compatibility percentages. Legal Implication: If Mark can demonstrate a clear methodology—say, an algorithm that uses birth dates and calculates numerological scores—he might defend the claim under Section 34-10-1.4 as “substantiated.” However, if the methodology is a bluff, he’s in violation.

4. How to Spot Red Flags in Fortune Teller Ads

Use this quick checklist before you click “Book Now.”

• Specificity: Claims that mention exact dates, numbers, or outcomes are usually suspect.
• Evidence: Look for testimonials, published studies, or a clear methodology.
• Guarantee vs. Promise: Guarantees (“I guarantee X”) are stricter than promises (“I think Y”).
• Price Transparency: If the ad promises free services but charges later, that’s a red flag.
• Third‑Party Verification: Any independent audit or certification can add credibility.

5. What to Do If You’re a Victim of False Advertising

If you feel duped, Indiana offers several avenues for recourse:

1. File a Complaint: Submit to the Indiana Attorney General’s Consumer Protection Division. Use their online form or mail a letter detailing your experience.
2. Small Claims Court: If the amount is under $10,000, you can file in the local circuit court.
3. Report to the Better Business Bureau (BBB): A BBB complaint can pressure businesses to resolve disputes.
4. Contact the FTC: While federal, the FTC takes interstate cases and can issue nationwide cease‑and‑desist orders.

6. How Fortune Tellers Can Stay on the Right Side of the Law

For those who genuinely practice divination or astrology, compliance is simple:

• Transparency: Clearly state that readings are “interpretive” and not guaranteed predictions.
• Disclaimers: Include a legal disclaimer on all ads: “Results are for entertainment purposes only.”
• Documented Methodology: If you use a specific algorithm or process, share it in a concise, accessible format.
• **Avoid Exaggerated Claims**: Refrain from using words like “guarantee,” “exactly,” or “future.”
• **Educate Your Clients**: Offer a brief explanation of how your readings work, so customers know what to expect.

7. Quick Reference Table: Do’s vs. Don’ts

Conclusion: Fortune Telling, The Law, and Your Wallet

The Indiana Consumer Protection Act keeps the market honest—especially when mystical claims meet hard‑cash transactions. Whether you’re a curious customer, an aspiring psychic, or a skeptic, understanding the legal boundaries helps protect everyone’s pockets. Remember: if it sounds too good to be true, it probably is—especially when the promise involves predicting your future or guaranteeing a win. Stay informed, read the fine print, and let Indiana’s laws guide you to smarter, safer choices.