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. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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