ILNews

Justices to hear 'robocalls' arguments Monday

IL Staff
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT