Indiana regulates automatic dialing-announcing devices that deliver prerecorded telephone messages. The law generally requires consumer authorization before a covered recorded message can be delivered.
Indiana Code 24-5-14 establishes these restrictions and provides exceptions for certain communications.
What Is an Automatic Dialing-Announcing Device?
An automatic dialing-announcing device is telephone equipment that automatically dials numbers and delivers a recorded message.
These systems allow organizations to contact many recipients without having a live representative conduct every conversation.
Businesses may use automated calling technology for advertising, notifications, or customer communications.
However, Indiana law places limits on how covered devices can be used.
The relevant statute focuses on the equipment and the recorded message, rather than treating every computer-assisted telephone call as unlawful.
Indiana's Consent Requirements for Prerecorded Calls
Under Indiana Code 24-5-14-5, a caller generally cannot use a covered automatic dialing-announcing device unless the recipient has knowingly or voluntarily requested, consented to, permitted, or authorized the message.
Another permitted approach involves a live operator obtaining the recipient's consent before playing the recording.
Consider a business that wants to deliver a recorded advertisement to potential customers.
If it uses covered equipment to call consumers without permission, the communication may violate Indiana law.
The caller cannot simply assume that a consumer wants to hear a recorded sales pitch.
Consent must be evaluated based on the facts.
Exceptions for Certain Automated Communications
Indiana recognizes exceptions for specified types of recorded communications.
These include certain school-related messages, work-schedule notices, and communications involving qualifying existing business or personal relationships.
For example, a school district may need to notify families about an unexpected schedule change.
An employer may also need to communicate work assignments.
Such communications can fall within statutory exceptions when the relevant conditions are satisfied.
A business should not assume that every informational recording qualifies for an exception.
Did You Know? Indiana Regulates Political Robocalls
Indiana's prerecorded-message restrictions can also affect political calling activities.
The Indiana Attorney General explains that political campaigns generally cannot send unsolicited automated recorded messages without satisfying the applicable permission requirements.
Traditional live political calls are treated differently from covered prerecorded calls.
This distinction shows why the content of a message is only part of the legal analysis.
The equipment used and the recipient's authorization are also important.
Civil Penalties for Unlawful Automated Calls
Indiana authorizes significant penalties for violations of its automatic dialing-announcing device law.
A court may impose a civil penalty of up to $10,000 for an initial violation and up to $25,000 for each subsequent violation.
These penalties are enforced through state legal proceedings.
They are not automatic compensation for consumers.
Individuals seeking financial recovery for certain unlawful calls may need to consider federal TCPA remedies.
Common Questions Around Indiana Autodialer Laws
Are all prerecorded calls illegal?
No. Consent and statutory exceptions may permit certain recorded communications.
Can a live operator obtain permission before playing a recording?
Yes. Indiana law allows this approach under the applicable conditions.
Does Indiana regulate political robocalls?
Yes. Certain automated political messages are subject to the state's recorded-message restrictions.
Can consumers personally collect Indiana's civil penalties?
No. Those penalties are part of state enforcement proceedings.
