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FOR IMMEDIATE RELEASE

August 28, 2009

Attorney General Greg Zoeller applauds efforts by federal
government to ban robo calls
Indiana’s laws prohibiting robo calls already among the strictest in nation

INDIANAPOLIS - Attorney General Greg Zoeller announced today that a new federal regulation prohibiting robo calls is similar to Indiana’s existing telephone privacy laws. Effective Tuesday, September 1 the Federal Trade Commission will prohibit the use of prerecorded commercial telemarketing calls unless the consumer has provided written permission to be called. Indiana law already requires consumers provide express permission before a prerecorded message can be played.

“For years Indiana has had some of the strongest telephone privacy protections in place prohibiting the use of autodialer machines from calling people without permission.” Zoeller said. “The clear and present danger of robo calls has been the biggest threat to that privacy and we will continue to take aggressive legal action against violators. We are pleased to see the FTC join states’ efforts to protect consumers.”

Since Zoeller took office in January, eight lawsuits have been filed against telemarketers for alleged violations of Indiana’s autodialer law. The telephone privacy division of the attorney general’s office is responsible for investigating consumer complaints related to autodialer law or “Do Not Call” law violations.

“There are assurances the federal law won’t preempt our enforcement of stronger, stricter privacy rights for Hoosiers,” Zoeller added.

The FTC law seeks to prohibit robo calls which promote the sales of goods or services but does not prohibit purely informational calls. An informational call could include an airline notifying a customer of a flight change or a school alerting parents of a snow delay. Politicians, banks, telephone carriers and most charitable organizations are exempt from the federal prohibition on telemarketing calls that deliver prerecorded messages. Also exempt are healthcare professions which are subject to the Health Insurance Portability and Accountability Act (HIPAA).

Indiana law provides added protection by prohibiting the use of autodialer machines to deliver any prerecorded message in all instances when permission has not been provided by the consumer. Consumers who receive a call they suspect to be an illegal robo call are encouraged to submit a complaint to the attorney general’s office by visiting www.IndianaConsumer.com or calling 800-382-5516.

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