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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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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