Legal Opinion

State v. American Family Voices, Inc.

Indiana Supreme Court

Decided December 23, 2008No. 31S00-0803-CV-139PublishedCited by 51 opinions

1Opinion of the Court

SULLIVAN, Justice.

In this case, the State Attorney General attempts to enforce the Indiana Autodialer Law against telemarketers who used auto-dialers to send pre-recorded messages to Indiana residents. The trial court dismissed the complaint pursuant to Ind. Trial Rule 12(B)(6) because there was no allegation that the telemarketers were making consumer transaction calls with commercial messages. We hold that a complaint filed under this statute is not required to allege that consumer transaction calls are at issue because the law applies to all autodialer calls, not just consumer transaction…

2Cases cited12 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Eddie Trail and Katrinka Trail v. Boys and Girls Clubs of Northwest IndianaIndiana Supreme Court · 2006
  4. State v. RankinIndiana Supreme Court · 1973
  5. Richard T. Van Bergen v. State of Minnesota Hubert H. Humphrey, Iii, in His Capacity as Attorney General of the State of MinnesotaCourt of Appeals for the Eighth Circuit · 1995

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3Cited by51 opinions

  1. Chrysler Group, LLC v. Review Board of the Indiana Department of Workforce DevelopmentIndiana Supreme Court · 2012
  2. Scott Weigle v. SPX CorporationCourt of Appeals for the Seventh Circuit · 2013
  3. Bellwether Properties, LLC v. Duke Energy Indiana, Inc.Indiana Supreme Court · 2017
  4. Sidney Lamour Tyson v. State of IndianaIndiana Supreme Court · 2016
  5. State v. Economic Freedom FundIndiana Supreme Court · 2011

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