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US Supreme Court asked to take robo-call case

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An Indiana Supreme Court decision upholding the state’s Autodialer Law is now being challenged after a petition was filed with the nation’s highest court.

Indiana Attorney General Greg Zoeller said his office will defend the statute if the Supreme Court of the United States decides to consider the case, FreeEats.com, Inc. v. State of Indiana, No. 11-1513. FreeEats.com Inc. filed a petition for a writ of certiorari June 12 with the SCOTUS. In December 2011, the Indiana Supreme Court ruled in favor of the state’s ban on robo-calls to Hoosiers and determined the Autodialer Law does not violate free speech. FreeEats.com contested the constitutionality of Indiana’s law after it made almost 400,000 robo-calls to residents during a 2006 congressional campaign. FreeEats.com, a Virginia-based company, wanted to make automated calls on behalf of Economic Freedom Fund and American Family Voices.

“Indiana’s strict telephone privacy law protects consumers from unwanted calls, and that’s a protection the attorney general’s office is committed to defending,” Zoeller said. “It’s clear Hoosiers are receiving more and more unsolicited calls – in part because technology is outpacing the ability to crackdown on violators. Our office will also continue to pursue solutions to help curb the number of unwanted calls consumers are receiving.”

Telemarketers, including those calling on behalf of campaigns and political groups, are allowed to make automated calls to households only if a live operator first obtains the consumer's permission or if the recipient opts-in to receiving such calls.


 


 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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