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ATTORNEYS FOR APPELLANT Steve Carter Attorney General of Indiana Thomas M. Fisher Solicitor General of Indiana Julie A. Brubaker Heather L. Hagan Deputy Attorneys General Indianapolis, Indiana

ATTORNEYS FOR APPELLEE AMERICAN FAMILY VOICES, INC. Anthony W. Overholt Maggie Smith Indianapolis, Indiana ATTORNEYS FOR APPELLEE JIM GONZALEZ Edward O. DeLaney Craig M. Blanchet Indianapolis, Indiana ATTORNEYS FOR AMICI CURIAE THE INDIANA DEMOCRATIC STATE CENTRAL COMMITTEE AND THE INDIANA REPUBLICAN STATE CENTRAL COMMITTEE James Bopp, Jr. Anita Y. Woudenberg Terre Haute, Indiana

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Indiana Supreme Court
_________________________________ No. 31S00-0803-CV-139 STATE OF INDIANA,

In the

FILED
of the supreme court, court of appeals and tax court

Dec 23 2008, 12:38 pm

CLERK

Appellant (Plaintiff below), v. AMERICAN FAMILY VOICES, INC., JIM GONZALEZ, AND JOHN DOES 2-10, Appellees (Defendants below). _________________________________ Appeal from the Harrison Circuit Court, No. 31C01-0609-MI-78 The Honorable Larry R. Blanton, Special Judge _________________________________ On Petition to Transfer Pursuant to Appellate Rule 56(A) _________________________________ December 23, 2008

Sullivan, Justice.

In this case, the State Attorney General attempts to enforce the Indiana Autodialer Law against telemarketers who used autodialers 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 calls with commercial messages. Background

The State seeks an injunction prohibiting the defendants American Family Voices, Inc. ("AFV"), Jim Gonzalez, and John Does 2-10 from making telephone calls using an automated dialing-announcing device, civil penalties for each violation, reasonable attorneys fees, and costs against the defendants. The trial court dismissed the lawsuit under the authority of T.R. 12(B)(6) for "failure to state a claim upon which relief can be granted." The State appealed and petitioned that this Court grant immediate transfer and expedited consideration pursuant to Ind. Appellate Rules 4(A)(2), 21(B), and 56(A). We granted the State's request transfer under App. R. 56(A).

On September 25, 2006, the State filed this lawsuit against AFV and John Does Nos. 110. The State alleged that AFV and John Does Nos. 1-10 had made unlawful pre-recorded telephone calls using automatic dialing-announcing devices ("autodialers") in violation of Ind. Code

Download State of Indiana v. American Family Voices, Inc., Jim Gonzalez, et al.pdf

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