Advertising Law Blog

Indiana Governor Mitch Daniels signed into law House Enrolled Act 1273, which allows consumers to register their cell phone numbers, prepaid wireless calling, and Internet-enabled VOIP services with the state's existing Do Not Call registry. The bill passed unanimously with votes of 50-0 in the state Senate and 93-0 in the House. The law goes into effect immediately.

While federal law prohibits calls using auto dialers to cell phones and Indiana regulations currently forbid "Robo Calls," i.e., the delivery of pre-recorded messages made by auto-dialers, the new law will also extend the definition of a "call" so as to include the sending of a texts, photos, images, and multimedia messages-all common forms of cell phone communication - to Indiana mobile devices.

According to Indiana Attorney General Greg Zoeller, State legislature sought to "statutorily extend the protections of the Do Not Call list for cell phone users so they also can be shielded from intrusive solicitors," due to the fact that a substantial number of Indiana residents use cell phones as their primary phone and often do not have a home land line.

The new law calls to the fact that, as consumers increasingly rely upon their cell phones, marketers and advertisers are also using them as a means of contact, either by phone calls or text messages. Like it has done with respect to the existing business relationship exemption to the do not call rules for land lines, Indiana has once again chartered new waters in telemarketing compliance. Accordingly, marketers should be sure that that all Indiana numbers are scrubbed against the state lists irrespective of the technology utilized to deliver the call.