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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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