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Justices issue robo-call decision

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The Indiana Supreme Court says the state's two-decade old law on pre-recorded, autodialed calls isn't limited to those placed to consumers with commercial messages. But justices stopped short of deciding how the law applies to political messages, leaving that question for another day.

In a unanimous decision today in State of Indiana v. American Family Voices, et al., No. 31S00-0803-CV-139, justices reversed a Harrison Circuit Court decision dismissing the state's case based on Trial Rule 12(B)(6) in that no claim was cited for which relief was available. The case involves the state Attorney General's attempted enforcement of the Indiana Autodialer Law that limits automated phone calls and mandates that a live operator first disclose the source and purpose of the call.

Though the law was passed in 1988, the Attorney General's Office didn't start applying it to political calls and enforcing it until 2006. Several suits were filed, including this one against American Family Voices - a political non-profit group in Washington, D.C., making calls in that year's congressional election.

Lawyers for both sides focused on what they described as ambiguities in Indiana Code § 24-5-14-5(b), such as not defining specifically what "messages" means and whether that applies to commercial calls only.

"We hold that a complaint filed under this statute is not required to allege that consumer transaction calls are at issue because the law applies to all autodialer calls, not just consumer transaction calls with commercial messages," Justice Frank Sullivan wrote for the court.

Some remedies in the statute clearly require consumer or commercial transactions and are targeted at those types of calls, but others do not and that makes it impossible for the court to infer that the statutory scheme excludes non-consumer or non-commercial transactions, Justice Sullivan wrote. But he also included a point that the legislature provides an exemption for messages from school districts to inform parents, showing that lawmakers could have excluded other groups but chose not to.

However, the ruling tiptoes around political messages.

"As can be easily inferred from the presence of the Democratic and Republican State Central Committees as amici in this case, this litigation raises questions as to the extent to which the Autodialer Law limits and may constitutionally limit the use of autodialers to convey political messages," Justice Sullivan wrote. "However, all parties agree that no such questions are before this Court at this stage of the litigation and we express no opinion with respect thereto."

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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