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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. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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