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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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