CHAPTER 14. REGULATION OF AUTOMATIC DIALING MACHINES
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-announcingdevice" 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 thetelephone 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, unincorporatedassociation, or the entity that attempts to contact, or contacts, asubscriber 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 telephonesolicitation" means any unsolicited call to a subscriber when:
(1) the person initiating the call has not had a prior business orpersonal relationship with the subscriber; and
(2) the purpose of the call is to solicit the purchase or theconsideration of the purchase of goods or services by thesubscriber.
(b) The term does not include calls initiated by the following:
(1) The state or a political subdivision (as defined byIC 36-1-2-13) for exclusively public purposes.
(2) The United States or any of its subdivisions for exclusivelypublic 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 atelephone 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
Sec. 5. (a) This section does not apply to messages:
(1) from school districts to students, parents, or employees; (2) to subscribers with whom the caller has a current businessor personal relationship; or
(3) advising employees of work schedules.
(b) A caller may not use or connect to a telephone line anautomatic 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 whoobtains the subscriber's consent before the message is delivered.
As added by P.L.151-1988, SEC.1.
IC 24-5-14-6
Disconnect requirement
Sec. 6. A caller may not use an automatic dialing-announcingdevice unless the device is designed and operated to disconnectwithin ten (10) seconds after termination of the telephone call by thesubscriber.
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 liveoperator, the operator must, at the outset of the message, disclose thefollowing:
(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 ispromoting.
(4) If applicable, the fact that the message intends to solicitpayment 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 insection 5(a) of this chapter.
(b) A caller may not use an automatic dialing-announcing devicefor commercial telephone solicitation so that a subscriber receives atelephone call before 9 a.m. or after 8 p.m.
As added by P.L.151-1988, SEC.1.
IC 24-5-14-9
Failure to comply; petition; injunction
Sec. 9. Upon petition by any person that a caller has failed tocomply with this chapter, the circuit or superior court of the countyof residence of the petitioner may enjoin the caller from furtherviolations.
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 commitsa Class C misdemeanor.
As added by P.L.151-1988, SEC.1.
IC 24-5-14-11
Reserved
IC 24-5-14-12
Prohibited use of automatic dialing-announcing device
Sec. 12. A caller may not use an automatic dialing-announcingdevice 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 inIC 16-18-2-14).
(3) A health facility (as defined in IC 16-18-2-167).
(4) An emergency medical services facility (as defined inIC 16-18-2-111).
(5) A business providing emergency ambulance services (asdefined 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 deceptiveact that is actionable by the attorney general under IC 24-5-0.5-4 andthat 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), andIC 24-5-0.5-8.
As added by P.L.117-1992, SEC.2.