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AG argues automated dialing statute in 7th Circuit

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The Indiana Attorney General's Office made an appearance in the 7th Circuit Court of Appeals in Chicago this morning, arguing that the state's automated dialing statute is constitutional.

Indiana Attorney General Steve Carter filed lawsuits in state court last year against FreeEats.com Inc., a Virginia-based company making automated calls on behalf of Economic Freedom Fund and American Family Voices, alleging violations of the statute that requires each call to have a live operator obtaining consent prior to the pre-recorded message. FreeEats has stated that it provides services and requested a federal injunction last year relating to interstate commerce.

In October, U.S. District Judge Larry McKinney in Indianapolis ruled the statute does not restrict interstate commerce and is not pre-empted by federal law.

Carter has received support from 13 states in his effort to enforce the statute governing pre-recorded telephone calls, and those states have filed an amicus brief in support.

This appeal ensued – the second from the federal circuit on Indiana's no-call law. The 7th Circuit ruled in August the state no-call law was constitutional and should be upheld.

These latest arguments are expected to be posted online today at http://www.ca7.uscourts.gov/

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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