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.