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The IN Supreme Court will be hearing oral arguments in the State of Indiana v. American Family Voices, Inc. on June 16th, 2008. It looks like all oral arguments are broadcast over the internet. I'll be checking them out.
As some of you may remember, Indiana Attorney General Steve Carter, has vigorously enforced the state autodialer law throughout his term in office. Specifically, in 2006, he brought a suit against American Family Voices.
The state accused American Family Voices of violating the law in the 2006 election following complaints about calls critical of then-Hoosier Congressman Mike Sodrel, a Republican.
AFV then appealed and in a February 2008 case the circuit court overturned the AG.
Steve Carter was not happy.
Here is some of Steve Carter's response:
(I will) appeal a ruling issued this week in Harrison Circuit Court that dismisses a lawsuit to enforce Indiana’s Automated Dialing Law against American Family Voices (AFV).
“Until all appeals are resolved, companies make political robo-calls at their peril,” Carter said. “We will continue to enforce the law to protect citizens from unwanted and illegal practices.”
Carter filed a lawsuit in September, 2006 against AFV and had sought an injunction after receiving complaints about automated calls being made by the organization that did not provide the required live operator to obtain the recipient’s permission to play the pre-recorded message. AFV is one of nine companies the state has filed suit against or reached a court-ordered agreement with for alleged violations of federal or state statutes regulating automated and pre-recorded calls since 2004.
Special Judge Blanton (Orange Circuit Court) issued a ruling from the bench today ordering the dismissal of the case against AFV stating that the automated dialing statute was limited to commercial calls. The attorney general has argued that the statute is broader and applies to both commercial and political calls such as those made by AFV. A final written order is expected to be forthcoming.
Recently, both the Democratic and Republican parties decided to join in this case and file a friend of the court brief. They hired nationally known First Amendment expert, James Bopp, Jr (I testified with him at the U.S. Senate Committee on Rules and Administration) to argue the case on their behalf.
This should be interesting. AG Carter will not be running for re-election this year and while he has been a firm advocate for the citizens of IN in enforcing the IN robo call statute it remains to be seen if he will have the same vigor now that he is not running.
That being said, AG Carter's pick to replace him this Fall is someone that is known to be very willing to enforce the statute as well.
June 16th should be interesting. I wish I was there.
Here is the IN statute:
Indiana’s “Automatic Dialing Machine” statute [IC 24-5-14-5] specifically states:
Sec. 5. (b) A caller may not use or connect to a telephone line an automatic dialing-announcing device unless:
(1) the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or
(2) the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered.
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