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Consumer Affairs

Indiana Warns Politicians About 'Robo-Calls'

State law restricts political uses of auto-dialers


PhotoPolitical calls are exempted from privacy laws allowing consumers to be placed on a “do not call” list to block telemarketers' calls. However, in Indiana, one type of political calls is off limits – those generated by an automatic dialer, otherwise known as a “robo-caller.”

Though the national Do Not Call Law still allows political candidates to use robo-callers, the Indiana legislature has outlawed them. Indiana Attorney General Greg Zoeller this week warned the political parties that he plans to strictly enforce that law during the upcoming election cycle.

"The message to political parties and candidates is quite simple, but I want it to be clear; respect Hoosiers' privacy, respect our laws - do not robo-call," Zoeller said. "I would much rather focus on educating those who may need reminded of our strict laws than aggressively pursuing those who opt to violate the statute and disrespect our citizens' privacy."

Exceptions

Campaigns and political groups are allowed to make robo-calls to households only if a live operator first obtains the consumer's permission or if the recipient opts in to receiving such calls. Disregarding the law can result in the Attorney General filing a lawsuit seeking civil penalties up to $5,000 per violation against those responsible.

Last year, leaders of the Indiana political parties signed a pledge crafted by Zoeller and disavowed robo-calls and urged their candidates to refrain from using such tactics. Zoeller said because of the "Treaty of 2010" his office saw a significant decline in the number of robo-call complaints.

Indiana may be a little ahead of the rest of the country on this issue, but Congress has shown some interest. In July Sen. Dianne Feinstein (D-Calif.) introduced legislation to limit political robo-calls, requiring robocallers to identify themselves when calling potential voters. It would also allow lawsuits against robocallers who abuse the rules.

Candidates favor robo-calls because it allows them to record messages from the candidate, or prominent supporters and play them to thousands of potential voters. Many consumers on the Do Not Call list have complained that these calls are just as annoying as those trying to sell products and services.


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Anne Schlapfer (Fri, 23 Sep 2011 01:46:50 +0000): Robo calls whether from or for a political hopeful, any charity or telemarketer are annoying, frustating, an invasion of our privacy and should be banned in all states. Today I received three from the same outfit; when I try to inquire name of company they hang up. Wish I knew how to stop these people who prey on seniors.
Edwin Flynn (Sat, 26 Nov 2011 00:30:06 +0000): I agree with you, Anne. These people know how to work around the law. This article really hits the mark. Just yesterday, I got another call form these telemarketers again. tried to sell me some home security system and offered to do a free survey around my house. It's always annoying to have them on the phone and I'm getting used to reporting a lot of phone numbers to consumer complaint sites such as http://www.callercenter.com almost everyday. I wish I wouldn't need to do that often but if I don't get the word out, these people might just scam an unsuspecting victim and might succeed.
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