AG Hill: After A Seven-Year Battle, Indiana’s Ban On Robocalls Withstands Final Challenge

Attorney General Curtis Hill today announced that the United States Supreme Court denied an organization’s request to have a lower court’s ruling reviewed. The decision not to review the lower court’s ruling puts to rest the legal challenge originally filed by Patriotic Veterans, Inc., in 2010.

On Monday, the United States Supreme Court denied certiorari, or discretionary review, of a ruling by the United States Court of Appeals for the Seventh Circuit. In January, the Seventh Circuit upheld Indiana’s anti-robocall law, which prohibits making pre-recorded message calls to peoples’ phones without their consent.

Patriotic Veterans, Inc., sought to carve out an exception to the robocall ban for political messages, arguing that the anti-robocall statute violated the First Amendment of the Constitution.

Campaigns and political groups are allowed to make traditional “live” calls, even to numbers registered on the Do Not Call list, as long as the calls are not sales calls. However, the law (Ind. Code 24-5-14) restricts the use of technology that automatically dials residential phone numbers and plays prerecorded messages with few exceptions.

Telephone privacy has been at the forefront of Hill’s dedication to protecting Indiana families.  Hill commended Monday’s decision not to consider Patriotic Veterans, Inc., argument that the anti-robocall statute violates the First Amendment.

 “Every day, telemarketers seek to burden residences with automated, pre-recorded phone calls conveying unwanted messages. Simply put, without this law they would be a nuisance,” Hill said.

“The Seventh Circuit’s ruling upholding our law is vital to our continued efforts to protect the telephone privacy of Hoosiers across the state, and we are pleased with the U.S. Supreme Court’s decision.”

In 2016, the Office of the Indiana Attorney General received more than 15,000 complaints about unwanted calls, many of which were about robocalls. The penalty for violating the Indiana Auto Dialer law is up to $5,000 per call.

To block general telemarketing calls, sign up for the Do Not Call list at www.IndianaConsumer.com or by calling 1.888.834.9969.

Indiana residents who receive a political robocall or any other unwanted call can file a complaint with the Attorney General’s Office by visiting www.IndianaConsumer.com or calling 1.888.834.9969.