2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 5. CONSUMER SALES CHAPTER 14. REGULATION OF AUTOMATIC DIALING MACHINES
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IC 24-5-14
Chapter 14. Regulation of Automatic Dialing Machines
IC 24-5-14-1
Automatic dialing-announcing device
Sec. 1. As used in this chapter, "automatic dialing-announcing
device" means a device that:
(1) selects and dials telephone numbers; and
(2) working alone or in conjunction with other equipment,
disseminates a prerecorded or synthesized voice message to the
telephone number called.
As added by P.L.151-1988, SEC.1.
IC 24-5-14-2
Caller
Sec. 2. As used in this chapter, "caller" means an individual,
corporation, limited liability company, partnership, unincorporated
association, or the entity that attempts to contact, or contacts, a
subscriber in Indiana by using a telephone or telephone line.
As added by P.L.151-1988, SEC.1. Amended by P.L.8-1993,
SEC.364.
IC 24-5-14-3
Commercial telephone solicitation
Sec. 3. (a) As used in this chapter, "commercial telephone
solicitation" means any unsolicited call to a subscriber when:
(1) the person initiating the call has not had a prior business or
personal relationship with the subscriber; and
(2) the purpose of the call is to solicit the purchase or the
consideration of the purchase of goods or services by the
subscriber.
(b) The term does not include calls initiated by the following:
(1) The state or a political subdivision (as defined by
IC 36-1-2-13) for exclusively public purposes.
(2) The United States or any of its subdivisions for exclusively
public purposes (involving real property in Indiana).
As added by P.L.151-1988, SEC.1.
IC 24-5-14-4
Subscriber
Sec. 4. As used in this chapter, "subscriber" means:
(1) a person who has subscribed to telephone service from a
telephone company; or
(2) other persons living or residing with the subscribing person.
As added by P.L.151-1988, SEC.1.
IC 24-5-14-5
Restrictions on use of automatic dialing-announcing device
Indiana Code 2016
Sec. 5. (a) This section does not apply to any of the following
messages:
(1) Messages from school districts to students, parents, or
employees.
(2) Messages to subscribers with whom the caller has a current
business or personal relationship.
(3) Messages advising employees of work schedules.
(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.
As added by P.L.151-1988, SEC.1. Amended by P.L.169-2015,
SEC.165; P.L.216-2015, SEC.40.
IC 24-5-14-6
Disconnect requirement
Sec. 6. A caller may not use an automatic dialing-announcing
device unless the device is designed and operated to disconnect
within ten (10) seconds after termination of the telephone call by the
subscriber.
As added by P.L.151-1988, SEC.1.
IC 24-5-14-7
Live operator preceding message; disclosure
Sec. 7. When a message is immediately preceded by a live
operator, the operator must, at the outset of the message, disclose the
following:
(1) The name of the business, firm, organization, association,
partnership, or entity for which the message is being made.
(2) The purpose of the message.
(3) The identity or kinds of goods or services the message is
promoting.
(4) If applicable, the fact that the message intends to solicit
payment or the commitment of funds.
As added by P.L.151-1988, SEC.1.
IC 24-5-14-8
Time restrictions
Sec. 8. (a) This section does not apply to messages described in
section 5(a) of this chapter.
(b) A caller may not use an automatic dialing-announcing device
for commercial telephone solicitation so that a subscriber receives a
telephone call before 9 a.m. or after 8 p.m.
As added by P.L.151-1988, SEC.1.
Indiana Code 2016
IC 24-5-14-9
Failure to comply; petition; injunction
Sec. 9. Upon petition by any person that a caller has failed to
comply with this chapter, the circuit or superior court of the county
of residence of the petitioner may enjoin the caller from further
violations.
As added by P.L.151-1988, SEC.1.
IC 24-5-14-10
Misdemeanor
Sec. 10. A caller who fails to comply with this chapter commits
a Class C misdemeanor.
As added by P.L.151-1988, SEC.1.
IC 24-5-14-12
Prohibited use of automatic dialing-announcing device
Sec. 12. A caller may not use an automatic dialing-announcing
device to make a telephone call to the following:
(1) A hospital (as defined in IC 16-18-2-179(b)).
(2) An ambulatory outpatient surgical center (as defined in
IC 16-18-2-14).
(3) A health facility (as defined in IC 16-18-2-167).
(4) An emergency medical services facility (as defined in
IC 16-18-2-111).
(5) A business providing emergency ambulance services (as
defined in IC 16-18-2-107).
(6) A state institution (as defined in IC 12-7-2-184).
(7) A private mental health institution licensed under IC 12-25.
(8) A residential facility (as defined in IC 12-7-2-165).
(9) A law enforcement agency (as defined in IC 10-13-3-10).
(10) A fire department (as defined in IC 36-8-17-2).
As added by P.L.117-1992, SEC.1. Amended by P.L.2-1993,
SEC.134; P.L.2-2003, SEC.63.
IC 24-5-14-13
Deceptive act of caller; remedies and penalties
Sec. 13. A caller who violates this chapter commits a deceptive
act that is actionable by the attorney general under IC 24-5-0.5-4 and
that is subject to the remedies and penalties under IC 24-5-0.5-4(c),
IC 24-5-0.5-4(d), IC 24-5-0.5-4(f), IC 24-5-0.5-4(g), and
IC 24-5-0.5-8.
As added by P.L.117-1992, SEC.2.
Indiana Code 2016
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