Earlier this year, the Indiana legislature amended the state’s Telephone Solicitor Act, making it mandatory that all telephone solicitors register with the state without exception. The Indiana Attorney General recently issued an opinion stating that the exemptions to Indiana’s Telephone Solicitation of Consumers law, an entirely different statute that contains the state’s Do Not Call law, now apply to the state’s registration requirement as well.
The following solicitation activities are now exempt from the state’s registration requirement:
- Calls made in response to an express request of the person called
- Calls made primarily in connection with an existing debt or contract
- Calls made on behalf of a charitable organization (subject to additional statutory requirements)
- Calls made by a licensed insurance salesperson
- Calls soliciting the sale of newspapers
The Opinion also calls into question whether business-to-business or inbound campaigns trigger registration given that the state’s Do Not Call laws do not apply to either.
Businesses should review their campaigns and, if necessary, consult with counsel to determine their registration requirements.