ILNews

Justices to hear 'robocalls' arguments Monday

IL Staff
January 1, 2008
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The Indiana Supreme Court travels to Terre Haute Monday for arguments in a case dealing with "robocalls." The issue in State of Indiana v. American Family Voices, Inc., Jim Gonzalez, and John Does 2-10, is whether pre-recorded, automated "robocalls" with political content can be limited under Indiana's Automatic Dialing Machine Statute, Indiana Code Section 24-5-14-5. The case stems from complaints about American Family Voices' use of automated calls; the attorney general's office filed an action against the group in September 2006 in Harrison Circuit Court. The Circuit Court granted American Family Voices' motion to dismiss the complaint, leading to the state seeking immediate transfer of the case to the Supreme Court. The central committees of the Indiana Democratic and Republican parties have filed briefs arguing that political pre-recorded calls are legal.
At issue is whether the 1988 state law banning these calls - which the attorney general first started enforcing in 2006 - applies only to commercial or sales-related calls, or whether it extends to include political-related calls.

Since 2004, the state has filed numerous suits against companies or reached agreements over alleged violations of federal or state statutes regulating automated and pre-recorded calls, including Eyeglass World LLC, Promise Keepers, and the Economic Freedom Fund. In September 2007, the 7th Circuit Court of Appeals dismissed FreeEats.com, Inc. v. State of Indiana and Steve Carter, Attorney General, No. 06-3900, a suit filed by FreeEats.com Inc. that challenged Indiana's prerecorded telephone messages statute. The federal appellate court ruled because a state court was already considering the issue, it could provide an adequate legal remedy. FreeEats.com filed the federal action seeking an injunction to stop the state's enforcement of the statute after the attorney general filed a state claim against a company that hired FreeEats.com to make the pre-recorded calls to Hoosiers. Arguments begin at 1 p.m. in the Tilson Auditorium in the Hulman Center at Indiana State University, 200 N. Eighth St., Terre Haute.
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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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