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7th Circuit allows Indiana to enforce ban on out-of-state robo-calls

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The 7th Circuit Court of Appeals has ruled that Indiana is allowed to enforce the statute that restricts out-of-state robo-calls while an appeal on the issue is ongoing.

On Monday, the Indiana attorney general filed a motion to stay the injunction ordered Sept. 27 by U.S. Judge William Lawrence in Indianapolis which blocked the state’s enforcement of the Indiana Automatic Dialing Machine Statute, or Indiana Code 24-5-14-1. Lawrence ruled the state statute is preempted by a more lenient federal law and can’t be enforced against out-of-state callers. That was a victory for the Illinois-based nonprofit Patriotic Veterans that had argued its First Amendment right was being violated because it couldn’t make politically related calls leading up to elections.

Lawrence denied a motion to stay earlier this month, but now this appellate order means Indiana can again enforce the statute.

“This is truly great news – the holiday season for the people of Indiana will include the peace and quiet we have come to enjoy, without the threat of abusive robo-calls,” AG Greg Zoeller said in a statement. “This court action follows the withdrawal of a bill before Congress that would have allowed robo-calls to cell phones. The people of Indiana who appreciate our Do Not Call laws have much to celebrate.”

Last week, U.S. Rep Lee Terry, R-Nebraska, pulled the legislation he sponsored that would have allowed these calls to be made to cell phones. Zoeller traveled to Washington, D.C., to lead an effort against the bill, known as the Mobile Informational Call Act of 2011. A joint letter was sent by nearly all state attorneys general asking Congress to oppose the bill.

The future of the Indiana auto-dialer law remains unclear until the 7th Circuit considers the appeal. Briefing is set to conclude by the end of December, according to the federal court docket.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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