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AG argues automated dialing statute in 7th Circuit

April 3, 2007

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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