FOR IMMEDIATE RELEASE
September 18, 2006
Attorney General Steve Carter Seeks Court Order against the Economic Freedom Fund for Automated Calls
Jeffersonville, IN – Indiana Attorney General Steve Carter is seeking a preliminary injunction and has filed a lawsuit against the Economic Freedom Fund for making illegal, pre-recorded telephone calls to Indiana consumers in violation of the state’s statute regulating automated phone calls.
“The key is receiving information that provides some details of the call, including the number that was called and the time the call was made,” Carter added. “Whether based out-of-state or in-state, anyone wanting to place pre-recorded calls into Indiana must abide by the statute.”
At least seven complaints have been filed against Economic Freedom Fund for playing pre-recorded phone calls to the consumers without receiving their permission prior to playing the recording. The information provided to the attorney general’s office indicates the calls have been made since at least last Monday, September 12, 2006.
“Taking immediate action to stop any further calls to the state is important to protect people’s privacy during the time that the case progresses through the courts,” Attorney General Steve Carter said. “The quick action by people who actually received the calls to get their information to the attorney general’s office was critical in being able to take this action so quickly.”
This is the seventh company that the state has either filed suit against, or reached court-ordered agreements with for alleged violations of federal or state statutes regulating automated and pre-recorded calls.
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.
Complaints against automated calls can be made at www.IndianaConsumer.com.
The lawsuit and preliminary injunction were filed in Circuit Court in Brown County, IN.
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