Ban on robo-calls being challenged

INDIANAPOLIS, Ind. (WANE) - 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 U.S. Supreme Court decides to consider the case. 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.

“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.

Each year, the U.S. Supreme Court receives approximately 10,000 petitions for the Court to review a decision. It grants and hears oral argument in about 75 to 80 cases.