7th Circuit: Federal law does not preempt Indiana’s ‘robo-call’ statute

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The 7th Circuit Court of Appeals Thursday reversed the decision by a federal judge that Indiana’s Automated Dialing Machine Statute is preempted by the federal Telephone Consumer Protection Act. The injunction entered against enforcing the law had been stayed by the appellate court pending appeal.

Patriotic Veterans Inc., an Illinois nonprofit, challenged the state statute because it wanted to make automated calls – or robo-calls – to Indiana residents that delivered political messages related to a particular candidate or issue. The organization filed a complaint seeking a declaration that the law is invalid because it violates the First Amendment as it applies to political messages, and that the law is preempted by the TCPA.

Judge William Lawrence ruled in September 2011 that the U.S. law preempted the state statute and granted Patriotic Veterans’ request for an injunction.

The 7th Circuit, looking at the TCPA, held that it does not expressly or impliedly preempt the Automated Dialing Machine Statute.

“The Indiana law is more restrictive than the federal law, but in no way does it frustrate any process that the federal statute requires,” Judge Ilana Diamond Rovner wrote. In fact, the TCPA says nothing about preempting laws that regulate the interstate use of automatic dialing systems. Therefore, we must conclude that they are not preempted.”

The judges noted other courts have reached the same conclusion when considering federal preemption by the TCPA of similar state statutes.

“Because the district court decided the case on the basis of preemption, it never had reason to address the arguments regarding the constitutionality of the statute. We are a reviewing court and think that the argument would benefit from two-tiered examination. We thus reverse the ruling on preemption and remand for an evaluation of whether Indiana’s statute violates the free speech rights protected by the First Amendment to the United States Constitution,” Rovner wrote in Patriotic Veterans Inc. v. State of Indiana, et al., 11-3265.




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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues